Section 32A-26-9 - Discharge hearing.

NM Stat § 32A-26-9 (2019) (N/A)
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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 B of this section.

B. The court shall determine whether:

(1) written information concerning the eligible adult's family history, the whereabouts of any sibling, if appropriate, and education and health records have been provided to the eligible adult;

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

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

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

(c) the eligible adult's state-issued identification card;

(d) the death certificate of a parent of the eligible adult, if applicable;

(e) proof of the eligible adult's citizenship or residence; and

(f) proof that the eligible adult has 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.

C. If the court finds that the department has not made reasonable efforts to meet all of the requirements of Subsection B of this section and that termination of jurisdiction would be harmful to the eligible 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 discharge from the fostering connections program; provided that the eligible adult consents to continued jurisdiction of the court. The court may dismiss the case for good cause at any time after the eligible adult's twenty-first birthday or the eligible adult's discharge from the fostering connections program.

History: Laws 2019, ch. 149, § 9.

Effective dates. — Laws 2019, ch. 149 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.