2019 New Mexico Statutes
Chapter 32A - Children's Code
Article 26 - Fostering Connections
Section 32A-26-7 - Fostering connections program; children's court petition; jurisdiction; contents; program file.

A. An eligible adult participating in the fostering connections program shall remain under the jurisdiction of the children's court while participating in the program. The eligible adult is the eligible adult's own legal custodian.

B. Within fifteen days after the voluntary services 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 ___________, an eligible adult", and shall set forth with specificity:

(1) the name, birth date and residence of the eligible adult; and

(2) the facts necessary to invoke the jurisdiction of the court.

C. 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 plan.

D. 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 immediately following the termination of children's court jurisdiction at age eighteen.

E. At the inception of a fostering connections proceeding, the court shall appoint an attorney to represent the eligible adult. If the eligible adult consents to the appointment, the attorney who previously served as the eligible adult's attorney may be appointed as the eligible adult's attorney.

F. Unless excused by a court, an attorney appointed to represent an eligible adult shall represent the eligible adult in any subsequent appeals.

G. A hearing held pursuant to the Fostering Connections Act shall be commenced within ninety days of the filing of the petition, at which time the court shall review the voluntary services and support agreement and determine whether the agreement is in the best interests of the eligible adult.

History: Laws 2019, ch. 149, § 7.

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.