Current through Register Vol. 35, No. 18, September 24, 2024
A. As part
of the initial case planning process, PSD shall hold an initial assessment
planning conference prior to the 10 day custody hearing. An initial assessment
plan shall be developed at the assessment planning conference. The initial
assessment plan is ordered at the custody hearing and remains in effect until a
case plan is ordered at the dispositional hearing.
B. PSD shall develop a case plan to address
the identified danger indicators and include plan-directed activities for both
the child and parent, guardian or custodian to achieve permanency without the
need for the PSD intervention.
C.
At a minimum, the case plan shall be re-assessed prior to any court
hearing.
D. For youth ages 14 and
older, the case plan shall be developed in consultation with the youth and, at
the option of the youth, with up to two members of the case planning team who
are chosen by the youth and who are not a resource parent of or a caseworker
for, the youth. PSD may reject an individual selected by the youth to be a
member of the case planning team at any time if PSD has good cause to believe
the individual would not act in the best interest of the youth. An individual
shall be selected by the youth to be a member of the youth's case planning
team, and may be designated to be the youth's advisor and, as necessary,
advocate with respect to the application of the reasonable and prudent parent
standard to the youth.
E. As part
of the youth's case plan, PSD shall provide to the youth the New Mexico foster
child and youth bill of rights and the New Mexico foster youth document of
responsibilities .
(1) PSD shall provide a
document that describes the rights of the child with respect to education,
health, visitation, and court participation, the right to be provided with the
documents and the right to stay safe and avoid exploitation.
(2) PSD shall obtain a signed acknowledgement
that the child has received a copy of those documents and understands those
rights and responsibilities; and
(3) PSD shall also provide and adhere to
youth the youth grievance process.
G.
Other plans within the case plan:
As part of the case planning process the following plans shall be
incorporated into the case plan as appropriate:
(1) Permanency plan: The permanency plan
reflects the permanency goals to be achieved. Every child's case plan shall
have a permanency plan, which may change throughout the life of the case.
(2) Transition home plan: A
transition home plan shall be submitted to the court prior to or at the initial
permanency hearing when the child's plan remains reunification. The plan shall
be completed within 90 days of the initial permanency hearing. The plan results
in the child being placed with their parent, guardian or custodian on a trial
home visit.
(a) As part of the transition home
plan, PSD shall set up a trial home visit in which the child resides with their
parent, guardian or custodian until it has been determined no safety threats
exist to the child and the case can be dismissed. If the trial home visit is
unsuccessful, then the child shall be removed from the home of the parent,
guardian or custodian and placed in the same or another out of home
placement.
(b) A trial home visit
normally does not exceed six months in duration.
(c) If a trial home visit exceeds six months
in duration, or exceeds a longer time period deemed appropriate by the court,
and the child is subsequently returned to foster care, the placement is
considered a new placement and procedures must be followed to newly establish
title IV-E eligibility.
(4) Life skills plan: PSD shall develop a
life skills plan, using the life skills assessment, with youth age 14 or older
who are in PSD custody. The life skills plan shall identify the activities,
tasks, and services needed for the youth to develop the life skills necessary
to safely transition into independent living as an adult, regardless of the
youth's permanency plan.
(5)
Transition plan: PSD shall begin developing a transition plan with the youth
prior to their seventeenth birthday to identify needs, strengths and goals in
the areas of safety, housing, education, employment or income, physical health
and mental health, local opportunities for mentors and continuing support
services. The plan shall identify activities, responsibilities and timeframes
to address specified goals. PSD shall present the transition plan to the court
at the first hearing scheduled after the youth's seventeenth birthday. The
court shall order the transition plan for the youth. The transition plan
approved by the court shall be reviewed at every subsequent review and
permanency hearing.
