New Mexico Administrative Code
Title 8 - SOCIAL SERVICES
Chapter 10 - CHILD PROTECTIVE SERVICES
Part 9 - YOUTH SERVICES
Section 8.10.9.17 - DISCHARGE HEARING

Universal Citation: 8 NM Admin Code 8.10.9.17

Current through Register Vol. 35, No. 18, September 24, 2024

A. Pursuant to the New Mexico Children's Code, Section 32A-4-25.3 NMSA 1978, at the last judicial review or permanency hearing held prior to the youth's 18th birthday, the court shall conduct the youth's discharge hearing.

B. At the discharge hearing the court shall review the youth's transition plan and determines whether or not the PSD has made reasonable efforts to:

(1) provide the youth with written information concerning the youth's family history, the whereabouts of any sibling, if appropriate, and education and health records;

(2) provide the youth with his or her health insurance information, medical, education and health records;

(3) provide the youth with his or her social security card, certified birth certificate, driver's license or state-issued identification card, death certificate of a parent and proof of citizenship or residence;

(4) assist the youth in obtaining medicaid, unless the youth is ineligible; and

(5) refer the youth for guardianship or limited guardianship if the youth is incapacitated.

C. If the court finds that PSD has not made reasonable efforts regarding all of the requirements in Paragraphs (1) - (5) of Subsection B of 8.10.9.17 NMAC above, and that termination of jurisdiction would be harmful to the young adult, the court may continue to exercise its jurisdiction for up to one year after the youth's 18th birthday, provided the youth consents.

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