Current through Register Vol. 35, No. 18, September 24, 2024
A. PSD
shall complete and provide reports to the court and other parties as required
by law.
B. The children's court
attorney shall provide documentation and evidence so that the court may make
specific factual findings in determinations of:
(1) reasonable efforts to prevent
removal;
(2) reasonable efforts not
required to prevent removal;
(3)
reasonable efforts to finalize the permanency plan in effect; or
(4) reasonable efforts to place siblings
together unless joint placement would be contrary to the safety or well-being
of any of the siblings, and whether siblings not jointly placed together have
been provided reasonable visitation or other ongoing contact unless contrary to
the safety or well-being of any of the siblings.
C. The children's court attorney shall
provide the court with a documented description of the child's current foster
care placement, and whether it is appropriate in terms of the educational
setting and proximity to the school the child was enrolled in at the time of
the placement, including plans for travel for the child to remain in the school
in which the child was enrolled at the time of placement, if reasonable and in
the child's best interest.
D. The
children's court attorney shall document to the court the compelling reasons
for seeking placement in the legal custody of PSD under a planned permanent
living arrangement as the child's permanency plan when PSD has considered
reunification, adoption, permanent guardianship, or placement with a fit and
willing relative, or fictive kin and has concluded these are not the most
appropriate permanent plans for the child.
E. If the court adopts a permanency plan
other than reunification, the children's court attorney shall provide
documentation and evidence so the court may make a specific factual finding in
determinations of reasonable efforts to identify and locate relatives or
fictive kin, and to conduct home studies on relatives or fictive kin expressing
an interest in providing permanency for the child.
F. The Children's Code refers to three types
of transition plans, with varying requirements depending on the case for review
by the court.
(1) The transition plan designed
to assist the youth in living independently: This plan, as defined in the
Children's Code, Subsection I of Section
32A-4-2 NMSA 1978, is
an individualized written plan based on the unique needs of the youth outlining
services to be provided to increase the youth's independent living skills. PSD
considers this plan the youth's life skills plan. The youth's life skills plan
is required for each youth 16 years of age and older, and shall be included in
the youth's pre-dispositional report as required in Children's Code, Paragraph
(11) of Subsection B of Section
32A-4-21
NMSA 1978. The youth's life skills plan shall also be included in the youth's
case plan, and reviewed by the court at every judicial review or permanency
hearing. (See youth services policy,
8.10.9.11
NMAC.)
(2) The youth transition
plan designed to assist the youth in transitioning to adult living: This plan,
as described in the Children's Code, Subsection B of Section
32A-4-25.2
NMSA 1978, is required prior to the youth reaching age of 17. The plan is
developed collaboratively at a transition meeting by the youth, the youth
transition specialist, the youth's youth attorney, and whomever else the youth
chooses to invite. The plan shall identify a youth's needs, strengths and goals
in the areas of safety, housing, education, employment or income, health and
mental health, local opportunities for mentors and continuing support services.
In accordance with the Children's Code, Section
32A-4-25.3 NMSA
1978, the transition plan shall be reviewed and ordered by the court at the
discharge hearing (see herein at
8.10.7.19
NMAC), the first hearing scheduled after the child's seventeenth (17th)
birthday and at every subsequent review and permanency hearing (See youth
services policy,
8.10.9.12
NMAC).
(3) The transition home plan
designed to achieve successful reunification of a child: A transition home plan
shall be developed and presented to the court at the time of the permanency
hearing when PSD is proposing the court adopt a permanency plan of
reunification. The transition home plan shall identify the steps that must be
taken to achieve the child's successful transition home (see herein at
8.10.7.18
NMAC and the Children's Code, Subsection C of Section
32A-4-25.1
NMSA 1978).
