N.M. Admin. Code § 8.10.7.15

Current through Register Vol. 35, No. 21, November 5, 2024

Section 8.10.7.15 - DOCUMENTATION TO COURT

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).

N.M. Admin. Code § 8.10.7.15

8.10.7.15 NMAC - Rp, 8.10.7.19 NMAC, 3/31/10, Amended by New Mexico Register, Volume XXXII, Issue 10, May 25, 2021, eff. 5/25/2021