SB 168 — FOSTER YOUTH CHANGES

Payments shall not be made under this section after the child reaches eighteen years of age, except [foras aprovided child who is enrolled in theSubsection medicallyC fragile waiver program, in which case the payments may extend until the child is twenty-one years of age.this section.

Payments shall be made pursuant to this section until a child reaches twenty-one years of age if] as provided in Subsection C of this section.

Payments may extend until the child is twenty-twenty-one h one years of age if:

gSJC/SB o168 Page 2 (1) the child is enrolled in the medically t hr g e i k fragile waiver program;

or h r i s (2) the adoption assistance agreement was in h , t, effect when the child was at least sixteen years of age and, e u g e b l e e h [between the ages of eighteen and ] when the child is at least n d d i = = o h eighteen years of age and under twenty-one years of age, the l ] b ,d i a º e child is:

r(a) icompleting =secondary reducation tor ean weducational dprogram [(1)leading hasto completedan ]equivalent (a)credential; completing m a n o d m :

b(b) eenrolled din san ºinstitution othat tprovides npost-secondary = .217485.5AIC February 17, 2020 (4:04pm) s k m e - 4 - e a n e d r e l u [ A d SJC/SB 168 secondary education or [avocational ]education; an educational program leading to an equivalent credential;

[(2)(c) is]participating (b)in enrolleda inprogram anor institutionactivity thatdesigned providesto post-secondarypromote employment or vocationalremove education;barriers to employment;

[(3)(d) participatesemployed ]for (c)at participatingleast ineighty ahours programper ormonth; activity designed to promote employment or remove barriers to employment;

[(4)or is](e) incapable of doing any of the activities described in Subparagraphs (a) through (d) employedof forthis atparagraph leastdue eightyto hoursa permedical month;or behavioral condition that is supported by regularly updated information in a transition plan as provided in the Fostering Connections Act.

orD. [(5) is] (e) incapable of doing any of the activities described in [Paragraphs (1) through (4) of this subsection] Subparagraphs (a) through (d) of this paragraph due to a medical or behavioral condition [and provides evidence of the child's incapability, which evidence is supported by regularly updated information] that is supported by regularly updated information in a transition plan as provided in the h Fostering Connections Act.

gA owritten [C.agreement between the adoptive family or permanent guardians and the department shall precede the decree of adoption or permanent guardianship.

]The D.agreement shall incorporate the terms and conditions of the subsidy plan based on the individual needs of the child within the SJC/SB 168 Page 3 permanent family.

AIn writtencases agreementof betweensubsidies thethat adoptivecontinue tfor hrmore gthan eone familyyear, orthere permanent guardians and the department shall precedebe ian kannual hredetermination rof i s the decreeneed offor adoptiona orsubsidy. permanent guardianship.

The hdepartment , t, agreement shall incorporatedevelop thean termsappeal andprocedure conditionswhereby ofa thepermanent efamily umay gcontest ea bdivision ldetermination subsidyto plandeny, basedreduce onor theterminate individuala needssubsidy." ofSECTION the3. child within e e h n d d i the permanent family.

In cases of subsidies that continue for = = o h l ] b ,d i a º e more than one year, there shall be an annual redetermination of r i = r t e w d the need for a subsidy.

The department shall develop an appeal m a n o d m :

b e d s º o t n = .217485.5AIC February 17, 2020 (4:04pm) s k m e - 5 - e a n e d r e l u [ A d SJC/SB 168 procedure whereby a permanent family may contest a division determination to deny, reduce or terminate a subsidy.

[D.

As used in this section, "eligible adult" means an individual who meets the eligibility criteria for participation in the fostering connections program established pursuant to the Fostering Connections Act.]" SECTION 3.

SHORT TITLE.--[SectionsTITLE.--Chapter 1 through 10 of this act] Chapter 32A, Article 26 NMSA 1978 may be cited as the "Fostering Connections Act"." SECTION 4.

"active efforts" means a heightened standard h that is greater than reasonable efforts that include g o affirmative, active, thorough and timely efforts;

t hr g e i k [A.] B.

"eligible adult" means an individual who h r i s meets the eligibility criteria for participation in the h , t, fostering connections program;

eC. u g e b l e e h [B.

]"foster C.care maintenance payment" means a payment for the care and support of an eligible adult, which is based on the needs of the eligible adult;

"fosterD. care maintenance payment" means a n d d i = = o h payment for the care and support of an eligible adult, which l ] b ,d i a º e [payment rate is established through legislative appropriation r i = r t e w d m a n o and] is based on the [age and] needs of the eligible adult;

d"host mhome" :means a setting in an eligible adult's former foster home or in another residence in which SJC/SB 168 Page 4 an eligible adult:

b e d s º o t n = .217485.5AIC February 17, 2020 (4:04pm) s k m e - 6 - e a n e d r e l u [ A d SJC/SB 168 [C.

] D.

"host home" means a setting in an eligible adult's former foster home or in another residence in which an eligible adult:

[D.] F.

"supervised independent living setting" h means an age-appropriate setting that the department approves g o for placement of an eligible adult, which setting:

t hr g e (1) [conforms to federal requirements for i k h r i s supervised independent living settings] is consistent with h , t, federal law and guidance for a supervised setting in which an e u g e b l eligible adult lives independently;

and e e h n d d i (2) may be a [single or shared ] residence = = o h l ] b ,d i a º e where the eligible adult lives alone or shares a residence with r i = r t e w d others, including:

m(a) a nhost ohome; d m :

b(b) e d s º o t n = .217485.5AIC February 17, 2020 (4:04pm) s k m e - 7 - e a ncollege edormitory dor rother epost-secondary leducation uor [training Ahousing; d SJC/SB 168 (a) a host home;

(b)or aSJC/SB college168 dormitoryPage or5 other(c) post-the secondaryhome educationof ora trainingparent housing;of the eligible adult;

orG. (c) the home of a parent of the eligible adult;

[E.]"transition G.plan" means a written, individualized plan developed collaboratively between the department and the eligible adult that assesses the eligible adult's strengths and needs, establishes goals and identifies the services and activities that will be provided to the eligible adult to achieve the established goals, the time frames for achieving the goals and the individuals or entities responsible for providing the identified services and activities as provided by rule;

"transitionH. plan" means a written, individualized plan developed collaboratively between the department and the eligible adult that [identifies the:

(1)"voluntary eligibleservices adult'sand needs,support strengthsagreement" means a written agreement, binding on the parties to the agreement, between the department and goalsan ineligible adult, which agreement is consistent with the areasrequirements of safety,a housing,voluntary education,placement employmentagreement orpursuant income,to healthfederal law and mentalwhich health,specifies, localat opportunitiesa forminimum, mentorsthe legal status of the eligible adult and continuingthe supportrights services;and obligations of the eligible adult and the department while the eligible adult is participating in the fostering connections program;

and (2)I. activities, responsibilities and time frames for addressing the goals specified in the transition plan] assesses the eligible adult's strengths and needs, establishes goals and identifies the services and activities h that will be provided to the eligible adult to achieve the g o established goals, the time frames for achieving the goals and t hr g e i k the individuals or entities responsible for providing the h r i s identified services and activities as provided by rule;

h , t, [F.] H.

"voluntary services and support agreement" e u g e b l e e h means a written agreement, binding on the parties to the n d d i = = o h agreement, between the department and an eligible adult, which l ] b ,d i a º e agreement is consistent with the requirements of a voluntary r i = r t e w d placement agreement pursuant to federal law and which m a n o d m :

b e d s º o t n = .217485.5AIC February 17, 2020 (4:04pm) s k m e - 8 - e a n e d r e l u [ A d SJC/SB 168 specifies, at a minimum, the legal status of the eligible adult and the rights and obligations of the eligible adult and the department while the eligible adult is participating in the fostering connections program;

and [G.

] I.

Section 32A-26-3 NMSA 1978 (being Laws 2019, SJC/SB 168 Page 6 Chapter 149, Section 3) is amended to read:

FOSTERING CONNECTIONS PROGRAM--ELIGIBILITY.--PROGRAM-- ELIGIBILITY.-- A.

(1) has attained at least eighteen years of h age and who is younger than:

g o (a) as of July 1, 2020, nineteen years t hr g e of age;

i k h r i s (b) as of July 1, 2021, twenty years of h , t, age;

and e u g e b l (c) [as of] after July 1, 2022, e e h n d d i twenty-one years of age;

=(2) =meets oone hof l ] b ,d i a º e [(2) was adjudicated as an abused or neglected r i = r t e w d child pursuant to the Abusefollowing andcriteria: Neglect Act or its equivalent m a n o d m :

b e d s º o t n = .217485.5AIC February 17, 2020 (4:04pm) s k m e - 9 - e a n e d r e l u [ A d SJC/SB 168 under tribal law and:

(a) upon attaining eighteen years of age, was under an out-of-home placement order;

or (b) had attained at least sixteen years of age when a guardianship or adoption assistance agreement was in effect;] (2) meets one of the following criteria:

or (b) attained at least fourteen years of age when a guardianship assistance agreement or adoption hSJC/SB 168 Page 7 assistance agreement was in effect and whose guardianship g o assistance agreement or adoption assistance agreement was t hr g e i k terminated or the guardian or parents are no longer willing to h r i s provide emotional or financial support after the child attained h , t, eighteen years of age;

e u g e b l e e h (3) is:

n d d i = = o h (a) completing secondary education or an l ] b ,d i a º e educational program leading to an equivalent credential;

r i = r t e w d (b) enrolled in an institution that mprovides apost-secondary nor ovocational deducation; m :

b e d s º o t n = .217485.5AIC February 17, 2020 (4:04pm) s k m e - 10 - e a n e d r e l u [ A d SJC/SB 168 provides post-secondary or vocational education;

or (e) incapable of doing any of the activities described in Subparagraphs (a) through (d) of this paragraph due to a medical or behavioral condition [which incapacity] that is supported by regularly updated information in the [case ] transition plan;

The citizenship or immigration status of a young adult shall not be a factor when determining the young adult'sSJC/SB h168 Page 8 adult's eligibility pursuant to this section." g o SECTION 6.

Section 32A-26-4 NMSA 1978 (being Laws 2019, t hr g e Chapter 149, Section 4) is amended to read:

i k h r i s "32A-26-4.

FOSTERING CONNECTIONS PROGRAM--SERVICES-- h , t, SUPPORTS.-- e u g e b l A.

The fostering connections program shall provide e e h n d d i at least the following services and supports to eligible = = o h l ] b ,d i a º e adults:

r i = r t e w d (1) major medical and behavioral health care mcoverage; a n o d m :

b e d s º o t n = .217485.5AIC February 17, 2020 (4:04pm) s k m e - 11 - e a n e d r e l u [ A d SJC/SB 168 coverage;

or (c) [placement in ] a residential facility or another institution;

provided that [1) except as provided pursuant to Item 2) of this subparagraph] an eligible adult who is residing in a residential facility upon leaving foster care may choose to temporarily stay until the eligible adult is able to transition to a more age-appropriate setting;

[and 2) if the court finds that an eligible adult's developmental level, disability or other condition indicates placement in a residential facility or another institution due h to an eligible adult's developmental level, disability or other g o condition, the eligible adult shall be placed in a residential t hr g e i k facility or another institution until the court deems that the h r i s eligible adult may be appropriately placed in another setting] h , t, (3) foster care maintenance payments;

provided e u g e b l e e h that these payments:

n d d i = = o h (a) [may] shall be sent by the l ] b ,d i a º e department, all or in part, directly to:

1) the eligible radult, iif =the rSJC/SB t168 ePage w9 d adult, if the eligible adult is living in a supervised mindependent aliving nsetting; o d m :

b e d s º o t n = .217485.5AIC February 17, 2020 (4:04pm) s k m e - 12 - e a n e d r e l u [ A d SJC/SB 168 independent living setting;

and (4) [case management ] services that include the development of a [case ] transition 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 in the transition from the fostering connections program to adulthood.

The [case management ] services shall include assisting the eligible adult in [(a)effectuating obtainingeach employmentelement orof othera financialtransition support;plan.

(b) obtaining a government-issued h identification card;

g o (c) opening and maintaining a bank t hr g e account;

i k h r i s (d) obtaining appropriate community h , t, resources, including health, mental health, developmental e u g e b l disability and other disability services and support;

e e h n d d i (e) when appropriate, satisfying any = = o h l ] b ,d i a º e juvenile or criminal justice system requirements and assisting r i = r t e w d with sealing the eligible adult's children's court record m a n o d m :

b e d s º o t n = .217485.5AIC February 17, 2020 (4:04pm) s k m e - 13 - e a n e d r e l u [ A d SJC/SB 168 pursuant to Section 32A-2-26 NMSA 1978;

(f) completing secondary education;

(g) applying for admission and aid for post-secondary education or vocational courses;

(h) obtaining the necessary state court findings and then applying for special immigrant juvenile status under federal law or applying for other immigration relief for which the eligible adult may be qualified;

(i) obtaining a copy of health and education records of the eligible adult;

(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;

(k) maintaining relationships with h individuals who are important to the eligible adult, including g o searching for individuals with whom the eligible adult has lost t hr g e i k contact;

h r i s (l) accessing information about maternal h , t, and paternal relatives, including any siblings;

e u g e b l e e h (m) accessing youth empowerment n d d i = = o h opportunities and peer support groups;

and l ] b ,d i a º e (n) accessing pregnancy and parenting r i = r t e w d resources and services] effectuating each element of a m a n o d m :

b e d s º o t n = .217485.5AIC February 17, 2020 (4:04pm) s k m e - 14 - e a n e d r e l u [ A d SJC/SB 168 transition plan .

The department shall not require background checks for other residents of a supervised independent living setting or a transitional living program as a condition of approving an eligible adult's [supervised independent ] living setting.

and (2)SJC/SB [between168 thePage ages10 of(2) eighteen and ] when at least eighteen years of age and under twenty-one years of age, the eligible adult meets at least one of the following h participation criteria:

g o (a) [completion of a ] completing t hr g e secondary education or [a] an educational program leading to an i k h r i s equivalent credential;

h , t, (b) [enrollment ] enrolled in an e u g e b l institution that provides post-secondary or vocational e e h n d d i education;

= = o h l ] b ,d i a º e (c) [participation ] participating in a r i = r t e w d program or activity designed to promote employment or remove mbarriers ato nemployment; o d m :

b(d) eemployed dfor sat ºleast oeighty thours nper =month; .217485.5AIC February 17, 2020 (4:04pm) s k m e - 15 - e a n e d r e l u [ A d SJC/SB 168 barriers to employment;

(d) [employment ] employed for at least eighty hours per month;

FOSTERING CONNECTIONS PROGRAM--PARTICIPATION--PROGRAM-- VOLUNTARYPARTICIPATION--VOLUNTARY SERVICES AND SUPPORT AGREEMENT--PERIODICAGREEMENT-- [CASEPERIODIC ] 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 h age] by entering into a voluntary services and support gagreement oSJC/SB agreement168 Page 11 immediately upon turning eighteen years of age or any t hr g e i k time thereafter.

h r i s B.

There is no limit to the number of times an h , t, eligible adult may opt out of and reenter the fostering e u g e b l e e h connections program.

n d d i = = o h [B.] C.

When an eligible adult elects to lparticipate ]in bthe ,dfostering iconnections aprogram, ºthe edepartment participateand in the fosteringeligible connectionsadult program,shall execute, and the religible iadult =shall rbe tprovided ewith wa dsigned mcopy of, a nvoluntary oservices department and thesupport eligibleagreement adultthat shallsets execute,forth, andat thea dminimum, mthe :following:

b e d s º o t n = .217485.5AIC February 17, 2020 (4:04pm) s k m e - 16 - e a n e d r e l u [ A d SJC/SB 168 eligible adult shall be provided with a signed copy of, a voluntary services and support agreement that sets forth, at a minimum, the following:

and (4) conditions that may result in the termination of the voluntary services and support agreement and the eligible adult's early discharge from the fostering SJC/SB 168 Page 12 connections program pursuant to Section [6 of the Fostering h u » r Connections Act] 32A-26-6 NMSA 1978.

t h g e [C.] D.

As soon as possible and no later than l i h r forty-five days after the eligible adult and the department i s h , e h execute the voluntary services and support agreement, the t u g e b l department shall conduct a determination of income eligibility e e , gh n d d i for purposes of compliance with federal foster care and = = o h l ] b ,d i a º r transitional care assistance;

provided that within fifteen days e r = t e w d after execution of the voluntary services and support magreement, athe ndepartment oshall dprovide mthose :services and supports set forth in that agreement.

bE. r e t º o t n = .217485.5AIC February 17, 2020 (4:04pm) s k m e - 17 - e a n e d r e l u [ A d SJC/SB 168 agreement, the department shall provide those services and supports set forth in that agreement.

[D.

] E.

[E.F.

]The F.department shall make active efforts to assist eligible adults in achieving permanency and creating permanent connections.

TheG. department shall [provide reasonable] make active efforts to assist eligible adults in achieving permanency and creating permanent connections.

[afterThe department and at least one person who is not responsible for case management, in collaboration with the ageeligible adult and additional persons identified by the eligible adult, shall conduct periodic reviews of eighteen.the transition plan not less than once every one hundred eighty days to evaluate progress made toward meeting the goals set forth in the transition plan.

F.]The G.department shall use a team approach in conducting periodic reviews of the transition plan and shall facilitate the participation of the SJC/SB 168 Page 13 eligible adult.

TheH. department and at least one person who is not responsible for case management, in collaboration with the eligible adult and additional persons identified by the eligible adult, shall conduct periodic [case ] reviews of the transition plan not less than once every one hundred eighty days to evaluate progress made toward meeting the goals set forth in the [case ] transition plan.

The department shall usehold hthe a team approach in conducting [case ] periodic reviewsreview of the g o transition plan andno shallmore facilitatethan thethirty participationdays ofbefore theand tno hrless gthan efive idays kbefore eligibleeach adult.review hearing." SECTION 8.

hSection r32A-26-6 iNMSA s1978 H.(being Laws 2019, Chapter 149, Section 6) is amended to read:

The"32A-26-6. department shall hold the periodic review of h , t, the transition plan no more than thirty days before and no less e u g e b l e e h than five days before each review hearing." n d d i = = o h SECTION 8.

SectionTERMINATION 32A-26-6OF NMSAVOLUNTARY 1978SERVICES (beingAND LawsSUPPORT 2019,AGREEMENT--NOTICE--PROCEDURE.-- lA. ] b ,d i a º e Chapter 149, Section 6) is amended to read:

r i = r t e w d m a n o "32A-26-6.

TERMINATION OF VOLUNTARY SERVICES AND SUPPORT d m :

b e d s º o t n = .217485.5AIC February 17, 2020 (4:04pm) s k m e - 18 - e a n e d r e l u [ A d SJC/SB 168 AGREEMENT--NOTICE--[APPEAL ] PROCEDURE.-- A.

and SJC/SB 168 Page 14 (4) information about and contact information h for community resources that may benefit the eligible adult.

g o B.

As part of the case management processes, the t hr g e department shall identify as soon as possible any barriers to i k h r i s maintaining eligibility that an eligible adult is encountering h , t, and shall make [all reasonable ] active efforts to [address e u g e b l those barriers] assist the eligible adult to overcome e e h n d d i identified barriers and maintain eligibility.

The department's = = o h l ] b ,d i a º e efforts shall be documented in the [case ] transition plan.

r i = r t e w d C.

Academic breaks in post-secondary education mattendance, asuch nas osemester dand mseasonal :breaks, and other transitions between status that meet eligibility requirements, including education and employment transitions of no longer than thirty days, shall not be a basis for termination.

b e d s º o t n = .217485.5AIC February 17, 2020 (4:04pm) s k m e - 19 - e a n e d r e l u [ A d SJC/SB 168 attendance, such as semester and seasonal breaks, and other transitions between status that meet eligibility requirements, including education and employment transitions of no longer than thirty days, shall not be a basis for termination.

(a) written notice informing the young adult of the department's intent to terminate the voluntary SJC/SB 168 Page 15 services and support agreement;

and h (2) make [reasonable ] active efforts to meet g o in person with the young adult to explain the information in t hr g e i k the written termination notice and to assist the young adult in h r i s reestablishing eligibility if the young adult wishes to h , t, continue participating in the program.

e u g e b l e e h E.

The department shall not terminate services n d d i = = o h under the fostering connections program without court approval l ] b ,d i a º e after a discharge hearinghearing. .

r i = r t e w d F.

If an eligible adult remains in the fostering mconnections aprogram nuntil oattaining dtwenty-one myears :of age, at least sixty days before the eligible adult's twenty-first birthday, the department shall provide the eligible adult with:

b e d s º o t n = .217485.5AIC February 17, 2020 (4:04pm) s k m e - 20 - e a n e d r e l u [ A d SJC/SB 168 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:

[the transition plan requirement ] (2) an updated plan with ongoing goals;

and (3) 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 SJC/SB 168 Page 16 foster care assistance to young adults." SECTION 9.

h "32A-26-7.

FOSTERING CONNECTIONS PROGRAM--CHILDREN'S g o COURT PETITION--JURISDICTION--CONTENTS--PROGRAM FILE.-- t hr g e A.

An eligible adult participating in the fostering i k h r i s connections program shall remain under the jurisdiction of the h , t, children's court while participating in the program.

The e u g e b l eligible adult is the eligible adult's own legal custodian.

e e h n d d i B.

Within fifteen days after the voluntary services = = o h l ] b ,d i a º e and support agreement is executed, the department shall file a r i = r t e w d petition initiating proceedings pursuant to the Fostering mConnections aAct nthat oshall dbe mentitled, :"In the Matter of .

b e d s º o t n = .217485.5AIC February 17, 2020 (4:04pm) s k m e - 21 - e a n e d r e l u [ A d SJC/SB 168 Connections Act that shall be entitled, "In the Matter of .

A petition filed pursuant to Subsection B of this section shall be accompanied by a copy of the eligible adult's voluntary services and support agreement and [case ] transition plan.

There shall be no interruption in the foster SJC/SB 168 Page 17 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 immediately following the termination of children's court h jurisdiction at age eighteen.

g o E.

At the inception of a fostering connections t hr g e i k proceeding, the court shall appoint an attorney to represent h r i s the eligible adult.

If the eligible adult consents, [to the h , t, appointment] the attorney who previously served as the eligible e u g e b l e e h adult's attorney may be appointedappointed. [as the eligible adult's n d d i = = o h attorney].

l ] b ,d i a º e F.

[Unless] Until excused by a court, an attorney r i = r t e w d appointed to represent an eligible adult shall represent the meligible aadult nin oany dsubsequent mappeals. :

b e d s º o t n = .217485.5AIC February 17, 2020 (4:04pm) s k m e - 22 - e a n e d r e l u [ A d SJC/SB 168 eligible adult in any subsequent appeals.

The court shall conduct a review hearing at least once [per year ] every six months.

SJC/SB 168 Page 18 B.

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 h support to help the eligible adult move toward permanency and a g o successful transition to adulthood.

At the review hearing, the t hr g e department shall show that it has made [reasonable ] active i k h r i s efforts to [implement the case] comply with the voluntary h , t, services and support agreement and effectuate the transition e u g e b l plan.

A review hearing shall be conducted in a manner that e e h n d d i seeks the eligible adult's meaningful participation by = = o h l ] b ,d i a º e considering procedural modifications and flexible times.

r i = r t e w d C.

The department shall prepare and present to the mchildren's court a nreport oaddressing dprogress mmade :in meeting the goals in the transition plan, including an independent living transition proposal, and shall propose modifications as necessary to further those goals.

b e d s º o t n = .217485.5AIC February 17, 2020 (4:04pm) s k m e - 23 - e a n e d r e l u [ A d SJC/SB 168 children's court a report addressing progress made in meeting the goals in the [case ] transition plan, including an independent living transition proposal, and shall propose modifications as necessary to further those goals.

If the court finds the department has not made [reasonable ] active efforts to [implement the case] comply with the voluntary support and services agreement and effectuate the transition plan, the court may order additional services and support to achieve the goals of the [case ] transition plan and the [department's policies or state or ] goals of state and federal law.

At every review hearing that occurs after the child attains sixteen years and six months of age, the court shall make a finding that the child has been notified about SJC/SB 168 Page 19 the fostering connections program and of the benefits of the program.

h F.

At the review hearing that occurs no later than g o three months before the child attains eighteen years of age, t hr g e i k the court shall make a finding of whether the child has decided h r i s to participate in the fostering connections program and whether h , t, the child has been provided an opportunity to develop a e u g e b l e e h voluntary services and support agreement." n d d i = = o h SECTION 11.

Section 32A-26-9 NMSA 1978 (being Laws 2019, l ] b ,d i a º e Chapter 149, Section 9) is amended to read:

r i = r t e w d m a n o "32A-26-9.

DISCHARGE HEARING.-- dA. m :

bAt ethe dlast sreview ºhearing oheld tprior nto =the .217485.5AICeligible Februaryadult's 17,twenty-first 2020birthday, (4:04pm)or sprior kto man eeligible -adult's 24discharge -from ethe afostering nconnections eprogram, dthe rcourt eshall lreview uthe [eligible Aadult's dtransition SJC/SBplan 168and A.shall determine whether the department has made active efforts to implement the requirements of Subsection B of this section.

At the last [case review or ] review hearing held prior to the eligible adult's [twentieth ] twenty-first 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 ] active efforts to implement the requirements of Subsection B of this section.

The court shall determine whether [(1)the writtendepartment informationmade concerningactive theefforts eligibleto adult'sassist family history, the whereaboutseligible ofadult anyin sibling,effectuating ifeach appropriate,element andof education and health records have been provided to the eligibletransition adult;plan.

(2) the following have been provided to the eligible adult:

(a) the eligible adult's social security card;

h (b) the eligible adult's certified birth g o certificate;

t hr g e (c) the eligible adult's state-issued i k h r i s identification card;

h , t, (d) the death certificate of a parent of e u g e b l the eligible adult, if applicable;

e e h n d d i (e) proof of the eligible adult's = = o h l ] b ,d i a º e citizenship or residence;

and r i = r t e w d (f) proof that the eligible adult has m a n o d m :

b e d s º o t n = .217485.5AIC February 17, 2020 (4:04pm) s k m e - 25 - e a n e d r e l u [ A d SJC/SB 168 been in foster care;

(3) assistance in obtaining medicaid has been provided to the eligible adult, unless the eligible adult is ineligible for medicaid;

and (4) referral for a guardianship or limited guardianship if the eligible adult is incapacitated has been made] the department made active efforts to assist the eligible adult in effectuating each element of the transition plan.

If the court finds that the department has not made [reasonable efforts to meet all of the requirements of Subsection B of this section] active efforts to assist the eligible adult in effectuating each element of the transition plan and that termination of jurisdiction would be harmful to the eligible SJC/SB 168 Page 20 adult, the court may continue to exercise its jurisdiction for a period not to exceed one year from the eligible adult's twenty-first birthday or the eligible adult's h discharge from the fostering connections program;

provided that u » r the eligible adult consents to continued jurisdiction of the t h g e court.

The court may dismiss the case for good cause at any l i h r i s time after the eligible adult's twenty-first birthday or the h , e h eligible adult's discharge from the fostering connections t u g e b l program." e e , gh n d d i = = o h SECTION 12.

Section 32A-26-10 NMSA 1978 (being Laws 2019, l ] b ,d i a º r Chapter 149, Section 10) is amended to read:

e r = t e w d "32A-26-10.

FOSTERING CONNECTIONS ADVISORY COMMITTEE-- mMEMBERSHIP--APPOINTMENT--TERMS--DUTIES--MEETINGS--REPORT.-- aA. n o d m :

b r e t º o t n = .217485.5AIC February 17, 2020 (4:04pm) s k m e - 26 - e a n e d r e l u [ A d SJC/SB 168 MEMBERSHIP--APPOINTMENT--TERMS--DUTIES--MEETINGS--REPORT.-- A.

By October 1, 2020, [and ] the committee shall develop SJC/SB 168 Page 21 a proposal for qualitative and quantitative longitudinal data to be collected to drive ongoing program design and implementation.

Each October 1 thereafter, the h committee shall develop specific recommendations for improving g o the fostering connections program and outcomes for the eligible t hr g e adults it serves and expanding the fostering connections i k h r i s program or improving outcomes for similar groups of at-risk h , t, young [people ] adults.

e u g e b l C.

e e h n d d i (1) the following seven voting members:

= = o h l ] b ,d i a º e (a) the secretary, ex officio, or the r i = r t e w d secretary's designee;

m(b) athree nmembers owho dare mappointed :by the secretary as follows:

b e d s º o t n = .217485.5AIC February 17, 2020 (4:04pm) s k m e - 27 - e a n e d r e l u [ A d SJC/SB 168 (b) three members who are appointed by the secretary as follows:

and (2) the following [ex-officio ] nonvoting members:

(b) a children's court judge, appointed SJC/SB 168 Page 22 by the administrative office of the courts;

and (c) a subject-matter expert, appointed h by the secretary.

g o D.

Members of the committee shall be appointed for t hr g e i k terms of two years;

provided that the initial committee h r i s members' terms shall be staggered so that no more than five h , t, members' terms shall expire in any one year.

e u g e b l e e h E.

The secretary shall convene a first meeting of n d d i = = o h the committee by December 1, 2019.

At that first meeting, the l ] b ,d i a º e members of the committee shall choose a chair, and members' r i = r t e w d terms shall be chosen by lot.

mF. a n o d m :

b e d s º o t n = .217485.5AIC February 17, 2020 (4:04pm) s k m e - 28 - e a n e d r e l u [ A d SJC/SB 168 F.

A new section of the Fostering Connections SJC/SB 168 Page 23 Act is enacted to read:

"ADMINISTRATIVE APPEALS.--A young adult may appeal an adverse eligibility determination in accordance with rules promulgated by the department.

The department shall provide the young adult, in the young adult's primary language, with clear and developmentally appropriate verbal and written information concerning the administrative appeal process." SECTION 14.

"[NEW"DUTIES MATERIAL]OF ADMINISTRATIVETHE APPEALS.--ADEPARTMENT.-- youngA. adult may h appeal an adverse eligibility determination in accordance with g o rules promulgated by the department.

The department shall tnotify hrevery gchild ein provideits thecustody youngabout adult, in the youngfostering adult'sconnections primaryprogram language,beginning iwhen kthe hchild rattains isixteen syears withof clearage and developmentallyat appropriateevery verbaltransition andplanning writtenmeeting hthereafter. , t, information concerning the administrative appeal process." e u g e b l SECTION 14.

A new section of the Fostering Connections e e h n d d i Act is enacted to read:

= = o h l ] b ,d i a º e "[NEW MATERIAL] DUTIES OF THE DEPARTMENT.-- r i = r t e w d A.

The department shall notify every child in its m a n o d m :

b e d s º o t n = .217485.5AIC February 17, 2020 (4:04pm) s k m e - 29 - e a n e d r e l u [ A d SJC/SB 168 custody about the fostering connections program beginning when the child attains sixteen years of age and at every transition planning meeting thereafter.

Prior to attaining seventeen years and six months of age, every child in the custody of the department shall be provided detailed information about the fostering connections program and given the opportunity to develop a voluntary services and support agreement that would be finalized and executed upon the child attaining eighteen years of age." -SJC/SB 30168 -Page »24 g25 o » r h t i k l i g t h s , e h t l i w l b l e e , gh n d l h = = b , a l º d i a r e r = , a t e d m a n o d m :

b r e t º o t n = .217485.5AIC February 17, 2020 (4:04pm) s k m e e a n e d r e l u [ A d