N.M. Admin. Code § 8.10.8.15

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

Section 8.10.8.15 - INITIAL JUDICIAL REVIEW, FIRST PERMANENCY HEARING AND SUBSEQUENT HEARINGS

A. The initial judicial review shall be held within 60 days of the dispositional hearing. PSD shall inform the court of the progress made toward the permanency plan.

B. The initial permanency hearing shall be commenced within six months of the initial judicial review of a child's dispositional order or within 12 months of a child entering foster care, whichever occurs first.

C. Prior to the initial permanency hearing, PSD shall attend a mandatory meeting with all other parties to mediate issues attendant to the permanency hearing and to develop a case pan that services in the child's best interest.

D. At the initial permanency hearing and subsequent hearings thereafter, PSD shall document the following:

(1) the efforts made to return the child home;

(2) the steps PSD has taken to ensure the child's resource family is following the reasonable and prudent parent standard;

(3) the steps PSD has taken to ensure the child has regular, ongoing opportunities to engage in age and developmentally appropriate activities.

E. PSD evaluates the status of each child within six months of the conclusion of the permanency hearing or, if a motion has been filed for termination of parental rights or permanent guardianship, within six months of the decision on that motion, and re-evaluates the status every six months thereafter so long as the child remains in custody. The evaluation includes a determination of the safety of the child, the continuing necessity for and appropriateness of the placement, the extent of compliance with the case plan, and the extent of progress that has been made toward alleviating or mitigating the causes necessitating placement in foster care. The evaluation also projects a likely date by which the child may be returned to and safely maintained in the home or placed for adoption or legal guardianship.

N.M. Admin. Code § 8.10.8.15

8.10.8.15 NMAC - Rp, 8.10.8.15 NMAC, 11/15/05, Adopted by New Mexico Register, Volume XXVI, Issue 18, September 29, 2015, eff. 9/29/2015, Amended by New Mexico Register, Volume XXXII, Issue 09, May 4, 2021, eff. 5/4/2021