SB 23 — SERVICES FOR YOUTH LEAVING FOSTER CARE

and (4) case management services that include the development of a case plan, developed jointly by the department and the eligible adult, that includes a description of the identified housing situation or living arrangement, and the resources to assist the eligible adult SJC/SB 23 Page 6 in the transition from the fostering connections program to adulthood.

e e 17 (b) obtaining a government-issued e e n d 18 identification card;

= = l ] 19 (c) opening and maintaining a bank a l r i 20 account;

t e a t (d) obtaining appropriate community m m 21 e d resources, including health, mental health, developmental r e 22 c e r c 23 disability and other disability services and support;

e a n b 24 (e) when appropriate, satisfying any u [ juvenile or criminal justice system requirements and assisting .212668.8 - 7 - SJC/SB 23 with sealing the eligible adult's children's court record pursuant to Section 32A-2-26 NMSA 1978;

SJC/SB 23 Page 7 (j) applying for any public benefits or benefits for which the eligible adult may be entitled or that may be due through the eligible adult's parents or relatives, including state or federal cash assistance, nutritional assistance or low-income home energy assistance;

e e 17 (k) maintaining relationships with e e n d 18 individuals who are important to the eligible adult, including = = l ] 19 searching for individuals with whom the eligible adult has lost a l r i 20 contact;

t e a t (l) accessing information about maternal m m 21 e d and paternal relatives, including any siblings;

r e 22 c e r c 23 (m) accessing youth empowerment e a n b 24 opportunities and peer support groups;

and u [ (n) accessing pregnancy and parenting .212668.8 - 8 - SJC/SB 23 resources and services.

(1) an adoption assistance or guardianship assistance agreement was in effect for the eligible adult SJC/SB 23 Page 8 when the eligible adult was sixteen years of age or older;

(a) completion of a secondary education e e 17 or a program leading to an equivalent credential;

e e n d 18 (b) enrollment in an institution that = = l ] 19 provides post-secondary or vocational education;

a l r i 20 (c) participation in a program or t e a t activity designed to promote, or remove barriers to, m m 21 e d employment;

r e 22 c e r c 23 (d) employment for at least eighty hours e a n b 24 per month;

or u [ (e) is incapable of doing any of the .212668.8 - 9 - SJC/SB 23 activities described in Subparagraphs (a) through (d) of this paragraph due to a medical or behavioral condition." SECTION 5.

"[NEW"FOSTERING MATERIAL] FOSTERING CONNECTIONS PROGRAM--PROGRAM--PARTICIPATION--VOLUNTARY PARTICIPATION--VOLUNTARY SERVICES AND SUPPORT AGREEMENT--AGREEMENT--PERIODIC PERIODIC CASE REVIEWS.-- A.

An eligible adult may participate in the fostering connections program for any duration of time while the eligible adult is between eighteen and twenty-one years of age, by entering into a voluntary services and support SJC/SB 23 Page 9 agreement immediately upon turning eighteen years of age or any time thereafter.

When an eligible adult elects to participate in the fostering connections program, the department and the eligible adult shall execute, and the eligible adult shall be e e 17 provided with a signed copy of, a voluntary services and e e n d 18 support agreement that sets forth, at a minimum, the following:

= = l ] 19 (1) a requirement that the eligible adult a l r i 20 continue to be eligible in accordance with the Fostering t e a t Connections Act for the duration of the voluntary services and m m 21 e d support agreement;

r e 22 c e r c 23 (2) the services and support that the eligible e a n b 24 adult will receive through the fostering connections program;

u [ (3) the voluntary nature of the eligible .212668.8 - 10 - SJC/SB 23 adult's participation and the eligible adult's right to terminate the voluntary services and support agreement at any time;

As soon as possible and no later than forty-fiveforty- SJC/SB 23 Page 10 five days after the eligible adult and the department execute the voluntary services and support agreement, the department shall conduct a determination of income eligibility for purposes of compliance with federal foster care and transitional care assistance;

provided that within fifteen days after execution of the voluntary services and support agreement, the department shall provide those services and supports set forth in that e e 17 agreement.

e e n d 18 D.

The department shall assign an eligible adult a = = l ] 19 case manager, who shall be trained in primarily providing a l r i 20 services for transition-aged eligible adults.

t e a t E.

The department shall provide reasonable efforts m m 21 e d to assist eligible adults in achieving permanency and creating r e 22 c e r c 23 permanent connections after the age of eighteen.

e a n b 24 F.

The department and at least one person who is u [ not responsible for case management, in collaboration with the .212668.8 - 11 - SJC/SB 23 eligible adult and additional persons identified by the eligible adult, shall conduct periodic case reviews not less than once every one hundred eighty days to evaluate progress made toward meeting the goals set forth in the case plan.

"[NEWSJC/SB MATERIAL]23 TERMINATIONPage 11 "TERMINATION OF VOLUNTARY SERVICES AND SUPPORT AGREEMENT--NOTICE--APPEAL--PROCEDURE.-- A.

If an eligible adult chooses to terminate the voluntary services and support agreement, the department shall provide the eligible adult with a clear and developmentally e e 17 appropriate written notice informing the eligible adult of:

e e n d 18 (1) the potential negative effects of = = l ] 19 terminating the voluntary services and support agreement early;

a l r i 20 (2) the option to reenter the fostering t e a t connections program at any time before attaining twenty-one m m 21 e d years of age, so long as the eligibility requirements are met;

r e 22 c e r c 23 (3) the procedures for reentering the e a n b 24 fostering connections program;

and u [ (4) information about and contact information .212668.8 - 12 - SJC/SB 23 for community resources that may benefit the eligible adult.

As part of the case management processes, the department shall identify as soon as possible any barriers to maintaining eligibility that an eligible adult is SJC/SB 23 Page 12 encountering and shall make all reasonable efforts to address those barriers.

(1) provide to the young adult a clear and e e 17 developmentally appropriate:

e e n d 18 (a) written notice informing the young = = l ] 19 adult of the department's intent to terminate the voluntary a l r i 20 services and support agreement;

and t e a t (b) explanation of the basis for the m m 21 e d termination;

and r e 22 c e r c 23 (2) make reasonable efforts to meet in person e a n b 24 with the young adult to explain the information in the written u [ termination notice and to assist the young adult in .212668.8 - 13 - SJC/SB 23 reestablishing eligibility if the young adult wishes to continue participating in the program.

The department shall not terminate services SJC/SB 23 Page 13 under the fostering connections program without court approval.

If an eligible adult remains in the fostering connections program until attaining twenty-one years of age, at least sixty days before the eligible adult's twenty-first birthday, the department shall provide the eligible adult with a clear and developmentally appropriate written notice informing the eligible adult of the termination of the voluntary services and support agreement at twenty-one years of age, the transition plan requirement and information about and contact information for community resources that may benefit the young adult, specifically including information regarding state programs established pursuant to federal law that provide transitional foster care assistance to young adults." e e 17 SECTION 7.

A new section of the Children's Code is e e n d 18 enacted to read:

="FOSTERING = l ] 19 "[NEW MATERIAL] FOSTERING CONNECTIONS PROGRAM--CHILDREN'S a l r i 20 COURT PETITION--JURISDICTION--CONTENTS--PROGRAM FILE.-- t e a t A.

An eligible adult participating in the fostering m m 21 e d connections program shall remain under the jurisdiction of the r e 22 c e r c 23 children's court while participating in the program.

The e a n b 24 eligible adult is the eligible adult's own legal custodian.

u [ B.

Within fifteen days after the voluntary servicesSJC/SB .212668.823 -Page 14 -services SJC/SB 23 and support agreement is executed, the department shall file a petition initiating proceedings pursuant to the Fostering Connections Act that shall be entitled, "In the Matter of .

There shall be no interruption in the foster care maintenance payment, housing, medical assistance coverage or case management for an eligible adult who is eligible and chooses to participate in the fostering connections program e e 17 immediately following the termination of children's court e e n d 18 jurisdiction at age eighteen.

= = l ] 19 E.

At the inception of a fostering connections a l r i 20 proceeding, the court shall appoint an attorney to represent t e a t the eligible adult.

If the eligible adult consents to the m m 21 e d appointment, the attorney who previously served as the eligible r e 22 c e r c 23 adult's attorney may be appointed as the eligible adult's e a n b 24 attorney.

uSJC/SB [23 Page 15 F.

Unless excused by a court, an attorney appointed .212668.8 - 15 - SJC/SB 23 to represent an eligible adult shall represent the eligible adult in any subsequent appeals.

"[NEW"REVIEW MATERIAL] REVIEW HEARINGS.-- A.

The primary purpose of the review hearing shall be to ensure that the fostering connections program is providing the eligible adult with the needed services and e e 17 support to help the eligible adult move toward permanency and a e e n d 18 successful transition to adulthood.

At the review hearing, the = = l ] 19 department shall show that it has made reasonable efforts to a l r i 20 implement the case plan.

A review hearing shall be conducted t e a t in a manner that seeks the eligible adult's meaningful m m 21 e d participation.

r e 22 c e r c 23 C.

The department shall prepare and present to the e a n b 24 children's court a report addressing progress made in meeting uSJC/SB [23 Page 16 the goals in the case plan, including an independent living .212668.8 - 16 - SJC/SB 23 transition proposal, and shall propose modifications as necessary to further those goals.

"[NEW"DISCHARGE MATERIAL] DISCHARGE HEARING.-- A.

At the last case review or review hearing held prior to the eligible adult's twentieth birthday, or prior to an eligible adult's discharge from the fostering connections program, the court shall review the eligible adult's transition plan and shall determine whether the department has made reasonable efforts to implement the requirements of Subsection e e 17 B of this section.

e e n d 18 B.

= = l ] 19 (1) written information concerning the a l r i 20 eligible adult's family history, the whereabouts of any t e a t sibling, if appropriate, and education and health records have m m 21 e d been provided to the eligible adult;

r e 22 c e r c 23 (2) the following have been provided to the e a n b 24 eligible adult:

uSJC/SB [23 Page 17 (a) the eligible adult's social security .212668.8 - 17 - SJC/SB 23 card;

and (4) referral for a guardianship or limited guardianship if the eligible adult is incapacitated has been e e 17 made.

e e n d 18 C.

If the court finds that the department has not = = l ] 19 made reasonable efforts to meet all of the requirements of a l r i 20 Subsection B of this section and that termination of t e a t jurisdiction would be harmful to the eligible adult, the court m m 21 e d may continue to exercise its jurisdiction for a period not to r e 22 c e r c 23 exceed one year from the eligible adult's twenty-first birthday e a n b 24 or the eligible adult's discharge from the fostering uSJC/SB [23 Page 18 connections program;

provided that the eligible adult consents .212668.8 - 18 - SJC/SB 23 to continued jurisdiction of the court.

"[NEW"FOSTERING MATERIAL] FOSTERING CONNECTIONS ADVISORY COMMITTEE-- MEMBERSHIP--APPOINTMENT--TERMS--DUTIES--MEETINGS--REPORT.-- A.

By September 1, 2020 and each September 1 thereafter, the committee shall provide a written report to the e e 17 governor, the legislature and the secretary regarding ongoing e e n d 18 implementation of the fostering connections program, including = = l ] 19 the number of participants and the number of early discharges.

a l r i 20 B.

By October 1, 2020 and each October 1 t e a t thereafter, the committee shall develop specific m m 21 e d recommendations for expanding the fostering connections program r e 22 c e r c 23 or improving outcomes for similar groups of at-risk youngSJC/SB e23 aPage n19 byoung 24 people.

u [ C.

.212668.8 - 19 - SJC/SB 23 (1) the following seven voting members:

e e 17 (b) a children's court judge, appointed e e n d 18 by the administrative office of the courts;

and = = l ] 19 (c) a subject-matter expert, appointed a l r i 20 by the secretary.

t e a t D.

Members of the committee shall be appointed for m m 21 e d terms of two years;

provided that the initial committee r e 22 c e r c 23 members' terms shall be staggered so that no more than five eSJC/SB a23 nPage b20 24 members' terms shall expire in any one year.

u [ E.

The secretary shall convene a first meeting of .212668.8 - 20 - SJC/SB 23 the committee by December 1, 2019.

and (2) "secretary" means the secretary of children, youth and families." e e 17 SECTION 11.

Section 32A-1-16 NMSA 1978 (being Laws 1993, e e n d 18 Chapter 77, Section 25) is amended to read:

= = l ] 19 "32A-1-16.

BASIC RIGHTS.-- a l r i 20 A.

A child subject to the provisions of the t e a t Children's Code is entitled to the same basic rights as an m m 21 e d adult, except as otherwise provided in the Children's Code.

r e 22 c e r c 23 B.

A person afforded rights under the Children's eSJC/SB a23 nPage b21 24 Code shall be advised of those rights at that person's first u [ appearance before the court on a petition under the Children's .212668.8 - 21 - SJC/SB 23 Code.

When the legal custody of a child or the placement and care responsibility of an eligible adult is vested in a public agency, under the provisions of the Children's Code, the public agency may transfer physical custody of the child or the eligible adult to an appropriate private agency and may purchase care and treatment from the private agency if the private agency submits periodic reports to the public agency covering the care and treatment the child e e 17 or eligible adult is receiving and the child's or eligible e e n d 18 adult's responses to that care and treatment.

These reports = = l ] 19 shall be made as frequently as the public agency deems a l r i 20 necessary, but not less often than once each six months for t e a t each child or eligible adultadult. .

The private agency shall also m m 21 e d afford an opportunity for a representative of the public agency r e 22 c e r c 23 to examine or consult with the child or eligible adult asSJC/SB e23 aPage n22 bas 24 frequently as the public agency deems necessary.

u [ B.

As used in this section, "eligible adult" means .212668.8 - 22 - SJC/SB 23 an individual who meets the eligibility criteria for participation in the fostering connections program established pursuant to the Fostering Connections Act." SECTION 13.

Payments shall not be made under this section after the child e e 17 reaches eighteen years of age, except for a child who is e e n d 18 enrolled in the medically fragile waiver program, in which case = = l ] 19 the payments may extend until the child is twenty-one years of a l r i 20 age.

Payments shall be made pursuant to this section until a t e a t child reaches twenty-one years of age if the adoption m m 21 e d assistance agreement was in SJC/SB 23 Page 23 effect when the child was at least r e 22 c e r c 23 sixteen years of age and, between the ages of eighteen and e a n b 24 twenty-one years of age, the child:

u [ (1) has completed secondary education or a .212668.8 - 23 - SJC/SB 23 program leading to an equivalent credential;

The agreement shall incorporate the terms and conditions of the subsidy plan e e 17 based on the individual needs of the child within the permanent e e n d 18 family.

In cases of subsidies that continue for more than one = = l ] 19 year, there shall be an annual redetermination of the need for a l r i 20 a subsidy.

The department shall develop an appeal procedure t e a t whereby a permanent family may contest a divisionSJC/SB determination23 mPage m24 21division edetermination d to deny, reduce or terminate a subsidy.

r e 22 c e r c 23 D.

As used in this section, "eligible adult" means e a n b 24 an individual who meets the eligibility criteria for u [ participation in the fostering connections program established .212668.8 - 24 - SJC/SB 23 pursuant to the Fostering Connections Act.Act." SECTION 14.

" SECTION 14.

(2) implement the fostering connections program pursuant to the provisions of the Fostering Connections Act and maximize the children, youth and families department's e e 17 access to federal funds for extended guardianship assistance e e n d 18 and extended adoption assistance for the benefit of eligible = = l ] 19 adults participating in the fostering connections program;

and aSJC/SB l23 rPage i25 20 (3) adopt and promulgate rules as needed to t e a t carry out the provisions of the Fostering Connections Act.

m m 21 e d B.

As used in this section, "eligible adult" means r e 22 c e r c 23 an individual who meets the eligibility criteria for e a n b 24 participating in the fostering connections program.

u [ SECTION 15.

TEMPORARY PROVISION--WORK GROUP--YOUTH .212668.8 - 25 - SJC/SB 23 ADJUDICATED UNDER THE DELINQUENCY ACT--PARTICIPATION IN FOSTERING CONNECTIONS PROGRAM--DUTIES--REPORTING.--The secretary of children, youth and families shall convene a work group composed of experts in children's services and juvenile justice to collect information and make recommendations on including in the fostering connections program youth who have been adjudicated under the Delinquency Act.

and e e 17 D.

the potential placement and service array that e e n d 18 would be required for including young adults who have been =SJC/SB =23 lPage ]26 19 adjudicated under the Delinquency Act in the fostering a l r i 20 connections program.

tSJC/SB e a t - 26 - m m 21 e d r e 22 c e r c 23 ePage a27 n4 b6 248 u25 [ .212668.8