SENATE BILL 23

54th legislature - STATE OF NEW MEXICO - first session, 2019

INTRODUCED BY

Michael Padilla and Candace Gould

AN ACT

RELATING TO YOUTH; AMENDING AND ENACTING SECTIONS OF THE CHILDREN'S CODE, THE ABUSE AND NEGLECT ACT AND THE DELINQUENCY ACT TO PROVIDE FOR SERVICES FOR ELIGIBLE YOUTH IN TRANSITION FROM FOSTER CARE; MAKING AN APPROPRIATION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. A new section of the Children's Code is enacted to read:

     "[NEW MATERIAL] SHORT TITLE.--Sections 1 through 9 of this act may be cited as the "Fostering Connections Act"."

     SECTION 2. A new section of the Children's Code is enacted to read:

     "[NEW MATERIAL] FOSTERING CONNECTIONS PROGRAM--CREATION-- SERVICES--SUPPORTS.--

          A. The "fostering connections program" is established in the department. The program shall provide at least the following services and supports to eligible youth:

                (1) major medical and behavioral health care coverage;

                (2) housing, in one of the following settings that the eligible youth chooses:

                     (a) a foster family home;

                     (b) a supervised independent living setting; or

                     (c) placement in a foster care facility or another institution; provided that: 1) except as provided pursuant to Item 2 of this paragraph, an eligible youth who is residing in a foster care facility upon leaving foster care may choose to temporarily stay until the eligible youth is able to transition to a more age-appropriate setting; and 2) if the court finds that an eligible youth's developmental level, disability or other condition indicates placement in a foster care facility or another institution due to an eligible youth's developmental level, disability or other condition, the eligible youth shall be placed in a foster care facility or another institution until the court deems that the eligible youth may be appropriately placed in another setting;

                (3) foster care maintenance payments; provided that these payments:

                     (a) shall remain at least at the rate set immediately prior to the eligible youth's exit from foster care;

                     (b) for an eligible youth residing in a supervised independent living setting, may be sent by the department, all or in part, directly to the youth. The department shall determine whether to send all or part of an eligible youth's foster care maintenance payment directly to a youth on a case-by-case basis by and in consultation with the eligible youth in a manner that respects the independence of the eligible youth; and

                     (c) if the eligible youth is a parent, the payment rate shall reflect the eligible youth's status as a parent; and

                (4) case management services that are:

                     (a) provided under the eligible youth's direction; and

                     (b) a continuation of the transition plan pursuant to Section 32A-4-25.2 NMSA 1978, including a written description of additional resources that will help the eligible youth in creating permanent relationships and preparing for the transition to adulthood and independent living.

          B. Department rules and guidelines relating to an eligible youth's housing options shall be respectful of the eligible youth's autonomy and developmental maturity. For supervised independent living settings:

                (1) safety assessments of the living arrangements shall be age-appropriate and be made in accordance with federal guidance; and

                (2) a criminal background check shall not be required for an individual residing in the same residence as the eligible youth.

          C. Case management shall include the development of a case plan, developed jointly by the department and the eligible youth, that includes a description of the identified housing situation or living arrangement, the resources to assist the eligible youth in the transition from the fostering connections program to adulthood and the needs listed in the eligible youth's transition plan. Case management shall also include documentation that assistance has been offered and provided that would help the eligible youth meet the eligible youth's individual goals, if this assistance is appropriate and if the youth is eligible for assistance and consents to receive such assistance. This shall include assisting the eligible youth in:

                (1) obtaining employment or other financial support;

                (2) obtaining a government-issued identification card;

                (3) opening and maintaining a bank account;

                (4) obtaining appropriate community resources, including health, mental health, developmental disability and other disability services and support;

                (5) when appropriate, satisfying any juvenile or criminal justice system requirements and assisting with sealing the youth's juvenile court record pursuant to Section 32A-2-26 NMSA 1978;

                (6) completing secondary education;

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

                (8) 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 youth may be qualified;

                (9) creating a power of attorney for health care or other advance directive pursuant to the Uniform Health- Care Decisions Act or a power of attorney for mental health treatment pursuant to the Mental Health Care Treatment Decisions Act;

                (10) obtaining a copy of health and education records of the eligible youth;

                (11) applying for any public benefits or benefits for which the eligible youth may be entitled or that may be due through the eligible youth's parents or relatives, including state or federal cash assistance, nutritional assistance or low-income home energy assistance;

                (12) maintaining relationships with individuals who are important to the eligible youth, including searching for individuals with whom the eligible youth has lost contact;

                (13) accessing information about maternal and paternal relatives, including any siblings;

                (14) accessing youth empowerment opportunities and peer support groups; and

                (15) accessing pregnancy and parenting resources and services."

     SECTION 3. A new section of the Children's Code is enacted to read:

     "[NEW MATERIAL] FOSTERING CONNECTIONS PROGRAM--PARTICIPATION--VOLUNTARY SERVICES AND SUPPORT AGREEMENT--INDEPENDENCE COORDINATOR.--

          A. When a youth elects to participate in the fostering connections program, the department and the eligible youth shall execute, and the eligible youth shall be provided with a signed copy of, a voluntary services and support agreement that sets forth, at a minimum, the following:

                (1) a requirement that the eligible youth continue to be eligible in accordance with the provisions of the Fostering Connections Act for the duration of the voluntary services and support agreement;

                (2) the services and support that the eligible youth will receive through the fostering connections program;

                (3) the voluntary nature of the eligible youth's participation and the eligible youth's right to terminate the voluntary services and support agreement at any time; and

                (4) conditions that may result in the termination of the voluntary services and support agreement and the eligible youth's early discharge from the fostering connections program pursuant to Section 5 of the Fostering Connections Act.

          B. An eligible youth may participate in the fostering connections program for any duration of time while the youth is between eighteen and twenty-one years of age by entering into a voluntary services and support agreement immediately upon turning age eighteen or any time thereafter by seeking a resumption of jurisdiction.

          C. As soon as the department determines that the youth is eligible for the fostering connections program in accordance with the provisions of the Fostering Connections Act, the eligible youth and the department shall sign the voluntary services and support agreement.

          D. Within fifteen days after execution by the department and the eligible youth of the voluntary services and support agreement, the department shall provide those services and supports set forth in that agreement.

          E. The department or its agent shall assign an eligible youth an independence coordinator to provide case management services for the eligible youth. Independence coordinators and their supervisors shall be specialized in primarily providing services for eligible youth participating in the program or shall, at a minimum, have specialized training in providing transition services and support to youth.

          F. The department shall provide continued efforts to assist eligible youth in achieving permanency and creating permanent connections.

          G. The department shall consult with the eligible youth and draft or update the eligible youth's case plan in accordance with the department's protective services division rules for case planning. The department shall fulfill the provisions of the eligible youth's case plan.

          H. As soon as possible after the youth is determined eligible for the fostering connections program in accordance with the provisions of Section 4 of the Fostering Connections Act and signs 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."

     SECTION 4. A new section of the Children's Code is enacted to read:

     "[NEW MATERIAL] FOSTERING CONNECTIONS PROGRAM--ELIGIBILITY.--The department shall make the fostering connections program available, on a voluntary basis, to a youth who:

          A. has attained at least eighteen years of age and is younger than twenty-one years of age;

          B. was adjudicated under the Delinquency Act or the Abuse and Neglect Act or an equivalent act under tribal law and:

                (1) upon attaining eighteen years of age, was in an out-of-home placement or had an order for foster care; or

                (2) for whom a kinship guardianship assistance agreement was in effect if the youth had attained sixteen years of age before the agreement became effective or for whom a state-funded guardianship assistance agreement was in effect if the youth had attained sixteen years of age before the agreement became effective; and

          C. is:

                (1) completing secondary education or an educational program leading to an equivalent credential;

                (2) enrolled in an institution that provides post-secondary or vocational education;

                (3) employed for at least eighty hours per month;

                (4) participating in a program or activity designed to promote employment or remove barriers to employment; or

                (5) incapable of doing any of the activities described in Paragraphs (1) through (4) of this subsection due to a physical or behavioral condition, which incapacity is documented by regularly updated information in the case plan of the eligible youth."

     SECTION 5. A new section of the Children's Code is enacted to read:

     "[NEW MATERIAL] TERMINATION OF VOLUNTARY SERVICES AND SUPPORT AGREEMENT--NOTICE--APPEAL--PROCEDURE.--

          A. An eligible youth may choose to terminate the voluntary services and support agreement and stop receiving services and support under the fostering connections program at any time. If an eligible youth chooses to terminate the voluntary services and support agreement, the department shall provide the eligible youth with a clear and developmentally appropriate written notice informing the eligible youth of:

                (1) the potential negative effects of terminating the voluntary services and support agreement early;

                (2) the option to reenter the fostering connections program at any time before attaining twenty-one years of age, so long as the eligibility requirements set forth in Section 4 of the Fostering Connections Act are met;

                (3) the procedures for reentering the fostering connections program; and

                (4) information about and contact information for community resources that may benefit the eligible youth, specifically including information regarding state programs established pursuant to federal law that provide transitional foster care assistance to youth.

          B. If the department determines that a youth is no longer eligible for the fostering connections program in accordance with the provisions of Section 4 of the Fostering Connections Act, and appropriate efforts have been made to assist the youth in maintaining eligibility, the department may take action to terminate the voluntary services and support agreement and stop providing services and support to the youth as part of the fostering connections program. The department shall not terminate services without approval of the court and the presentation of a transition plan consistent with the provisions of Section 32A-4-25.2 NMSA 1978.

          C. As part of the case planning and case management processes, the department shall identify as soon as possible any barriers to maintaining eligibility that an eligible youth is encountering and shall make all appropriate efforts to address those barriers. Appropriate efforts shall be documented in the case plan.

          D. Academic breaks in post-secondary education attendance, such as semester and seasonal breaks, and other transitions between status that meet eligibility requirements under Section 4 of the Fostering Connections Act, including education and employment transitions of no longer than thirty days, shall not be a basis for termination.

          E. At least sixty days before the termination of the voluntary services and support agreement, the department shall provide a clear and developmentally appropriate written notice to an eligible youth informing the eligible youth of the intent to terminate the voluntary services and support agreement and a clear and developmentally appropriate explanation of the basis for the termination.

          F. The written termination notice shall also provide information about the process for appealing the termination, information about the option to enter into another voluntary services and support agreement once the eligible youth reestablishes eligibility pursuant to Section 4 of the Fostering Connections Act and information about and contact information for community resources that may benefit the youth, specifically including information regarding state programs established pursuant to federal law that provide transitional foster care assistance to youth.

          G. At least sixty days before the termination of the voluntary services and support agreement, the independence coordinator shall make efforts to meet in person with the eligible youth to explain the information in the written termination notice and to assist the eligible youth in reestablishing eligibility if the eligible youth wishes to continue participating in the program.

          H. An eligible youth may appeal the termination of the voluntary services and support agreement and any other actions or inactions by the department administratively in accordance with the provisions of the Administrative Procedures Act.

          I. If an eligible youth remains in the fostering connections program until attaining twenty-one years of age, the department shall provide the eligible youth with a clear and developmentally appropriate written notice informing the eligible youth 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 youth, specifically including information regarding state programs established pursuant to federal law that provide transitional foster care assistance to youth."

     SECTION 6. A new section of the Children's Code is enacted to read:

     "[NEW MATERIAL] FOSTERING CONNECTIONS PROGRAM--CHILDREN'S COURT PETITION--CONTENTS--PROGRAM FILE.--

          A. Within fifteen days after the voluntary services and support agreement is executed, the department shall file a petition with the court describing the eligible youth's current situation, including the youth's name, date of birth and current address and the reasons why it is in the eligible youth's best interests to participate in the fostering connections program. The department shall also provide the court with a copy of the signed voluntary services and support agreement, a copy of the case plan and any other information the department or the youth wants the court to consider.

          B. The department shall ensure continuity of care and eligibility by working with youth who want to participate in the fostering connections program and are likely to be eligible to participate in the program immediately following the termination of the court's jurisdiction, upon the youth turning eighteen years of age. The voluntary services and support agreement shall be signed and the petition filed with the court upon the eligible youth's eighteenth birthday or within ten days thereafter. There shall be no interruption in the foster care maintenance payment and medical assistance coverage for an eligible youth who is eligible and chooses to participate in the program immediately following the termination of the juvenile court's jurisdiction.

          C. The court has the jurisdiction to review the voluntary services and support agreement signed by the department and the youth pursuant to Section 3 of the Fostering Connections Act and to conduct permanency reviews as described in Section 7 of that act. Upon the filing of a petition by the department under Subsection A of this section, the court shall open a fostering connections program file for the youth for the purpose of determining whether continuing in the program is in the youth's best interests and for the purpose of conducting permanency reviews.

          D. The court shall make the best interests determination as described in Subsection C of this section not later than one hundred eighty days after the eligible youth and the department enter into the voluntary services and support agreement."

     SECTION 7. A new section of the Children's Code is enacted to read:

     "[NEW MATERIAL] PERMANENCY REVIEW HEARINGS.--

          A. The court shall conduct a hearing for permanency review regarding the voluntary services and support agreement for eligible youth at least once per year and may conduct other hearings as needed. Upon filing the petition pursuant to Section 32A-1-10 NMSA 1978 or anytime thereafter, the eligible youth may request, in the voluntary services and support agreement or by other appropriate means, a time frame in which the youth prefers to have the permanency review hearing scheduled, and the court shall seek to accommodate the request as the court deems practicable.

          B. The primary purpose of the permanency review shall be to ensure that the fostering connections program is providing the eligible youth with the needed services and support to help the eligible youth move toward permanency and a successful transition to adulthood. In a permanency review or hearing regarding the transition of the eligible youth from foster care to independent living, the court shall consult with the eligible youth in an age-appropriate manner regarding the proposed permanency and transition plan for the eligible youth. The eligible youth shall have a clear self-advocacy role in the permanency review, and the hearing shall support the active engagement of the eligible youth in key decisions. A permanency review shall be conducted on the record, in an informal manner and, whenever possible, outside of the courtroom.

          C. The department shall prepare and present to the juvenile court a report addressing progress made in meeting the goals in the case plan, including an independent living transition proposal, and shall propose modifications as necessary to further those goals. The eligible youth shall play a leadership role in the development of the report.

          D. The court shall determine whether the fostering connections program is providing the appropriate services and support as provided in the voluntary services and support agreement to carry out the case plan. The court has the authority to determine whether the eligible youth is receiving the services and support the eligible youth is entitled to receive under the program and the department's policies or state or federal law to help the youth move toward permanency and a successful transition to adulthood. If the court deems the eligible youth to require additional services and support to achieve the goals documented in the case plan and the department's policies or state or federal law, the court may make appropriate findings and order the department to take action to ensure that the eligible youth receives the identified services and support."

     SECTION 8. A new section of the Children's Code is enacted to read:

     "[NEW MATERIAL] PERIODIC CASE REVIEWS.--The department and at least one person who is not responsible for case management, in collaboration with the eligible youth and additional persons identified by the eligible youth, 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. The department shall use a team approach in conducting case reviews and shall seek to facilitate the participation of the eligible youth. Reviews shall be conducted in an informal manner and, whenever possible, scheduled at times that allow for the attendance and participation of the eligible youth."

     SECTION 9. A new section of the Children's Code is enacted to read:

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

          A. By October 1, 2019, the secretary shall appoint a "fostering connections advisory committee" to make recommendations to the department and to the legislature regarding the fostering connections program. The committee shall meet on a biannual basis to advise the department and the legislature regarding ongoing implementation of the fostering connections program. By September 1, 2020 and each September 1 thereafter, the committee shall provide a written report to the governor, the legislature and the secretary regarding ongoing implementation of the fostering connections program, including the number of participants and the number of early discharges.

          B. By October 1, 2020 and each October 1 thereafter, the committee shall develop specific recommendations for expanding the fostering connections program or improving outcomes for similar groups of at-risk youth.

          C. The members of the committee shall include:

                (1) the following seven voting members:

                     (a) the secretary, ex officio, or the secretary's designee;

                     (b) three members who are appointed by the secretary as follows: 1) youth who are currently or previously placed in foster care; or 2) representatives of a youth support or advocacy group; and

                     (c) three members, appointed by the secretary, as follows: 1) one representative of a child welfare advocacy organization; 2) one representative of a child welfare service agency; and 3) one representative of an agency providing independent living services; and

                (2) the following ex-officio nonvoting members:

                     (a) a legislator, appointed by the New Mexico legislative council; and

                     (b) a children's court judge, appointed by the administrative office of the courts.

          D. Members of the committee shall be appointed for terms of two years; provided that the initial committee members' terms shall be staggered so that no more than five members' terms shall expire in any one year.

          E. The secretary shall convene a first meeting of the committee by December 1, 2019. At that first meeting, the members of the committee shall choose a chairperson and members' terms shall be chosen by lot.

          F. The secretary shall fill vacancies on the committee as they occur.

          G. A majority of the committee members constitutes a quorum for voting purposes.

          H. Members of the committee shall receive per diem and mileage pursuant to the Per Diem and Mileage Act and shall receive no other compensation, perquisite or allowance for their service on the committee.

          I. As used in this section:

                (1) "committee" means the fostering connections advisory committee; and

                (2) "secretary" means the secretary of children, youth and families."

     SECTION 10. Section 32A-1-4 NMSA 1978 (being Laws 1993, Chapter 77, Section 13, as amended) is amended to read:

     "32A-1-4. DEFINITIONS.--As used in the Children's Code:

          A. "adult" means a person who is eighteen years of age or older;

          B. "child" means a person who is less than eighteen years old;

          C. "council" means the substitute care advisory council established pursuant to Section 32A-8-4 NMSA 1978;

          D. "court", when used without further qualification, means the children's court division of the district court and includes the judge, special master or commissioner appointed pursuant to the provisions of the Children's Code or supreme court rule;

          E. "court-appointed special advocate" means a person appointed pursuant to the provisions of the Children's Court Rules to assist the court in determining the best interests of the child by investigating the case and submitting a report to the court;

          F. "custodian" means an adult with whom the child lives who is not a parent or guardian of the child;

          G. "department" means the children, youth and families department, unless otherwise specified;

          H. "disproportionate minority contact" means the involvement of a racial or ethnic group with the criminal or juvenile justice system at a proportion either higher or lower than that group's proportion in the general population;

          I. "eligible youth" means an individual who is between the ages of eighteen and twenty-one who:

                (1) has chosen to remain under the jurisdiction of the court; and

                (2) participates in the fostering connections program;

          J. "foster care maintenance payment" means a payment for the care and support of a child in state custody or an eligible youth, which payment rate is established through legislative appropriation and is based on the age and needs of the child or eligible youth;

          [I.] K. "foster parent" means a person, including a relative of the child, licensed or certified by the department or a child placement agency to provide care for children in the custody of the department or agency;

          [J.] L. "guardian" means a person appointed as a guardian by a court or Indian tribal authority or a person authorized to care for the child by a parental power of attorney as permitted by law;

          [K.] M. "guardian ad litem" means an attorney appointed by the children's court to represent and protect the best interests of the child in a case; provided that no party or employee or representative of a party to the case shall be appointed to serve as a guardian ad litem;

          [L.] N. "Indian child" means an unmarried person who is:

                (1) less than eighteen years old;

                (2) a member of an Indian tribe or is eligible for membership in an Indian tribe; and

                (3) the biological child of a member of an Indian tribe;

          [M.] O. "Indian child's tribe" or "Indian eligible youth's tribe" means:

                (1) the Indian tribe in which an Indian child or an Indian eligible youth is a member or eligible for membership; or

                (2) in the case of an Indian child or Indian eligible youth who is a member or eligible for membership in more than one tribe, the Indian tribe with which the Indian child has more significant contacts;

          P. "Indian eligible youth" means an eligible youth who is a member of an Indian tribe or eligible for membership in an Indian tribe;

          [N.] Q. "Indian tribe" means a federally recognized Indian tribe, community or group pursuant to 25 U.S.C. Section 1903(1);

          [O.] R. "judge", when used without further qualification, means the judge of the court;

          [P.] S. "legal custody" means a legal status created by order of the court or other court of competent jurisdiction or by operation of statute that vests in a person, department or agency the right to determine where and with whom a child shall live; the right and duty to protect, train and discipline the child and to provide the child with food, shelter, personal care, education and ordinary and emergency medical care; the right to consent to major medical, psychiatric, psychological and surgical treatment and to the administration of legally prescribed psychotropic medications pursuant to the Children's Mental Health and Developmental Disabilities Act; and the right to consent to the child's enlistment in the armed forces of the United States;

          [Q.] T. "parent" or "parents" includes a biological or adoptive parent if the biological or adoptive parent has a constitutionally protected liberty interest in the care and custody of the child;

          [R.] U. "permanency plan" means a determination by the court that the child's interest will be served best by:

                (1) reunification;

                (2) placement for adoption after the parents' rights have been relinquished or terminated or after a motion has been filed to terminate parental rights;

                (3) placement with a person who will be the child's permanent guardian;

                (4) placement in the legal custody of the department with the child placed in the home of a fit and willing relative; or

                (5) placement in the legal custody of the department under a planned permanent living arrangement;

          [S.] V. "person" means an individual or any other form of entity recognized by law;

          [T.] W. "preadoptive parent" means a person with whom a child has been placed for adoption;

          [U.] X. "protective supervision" means the right to visit the child in the home where the child is residing, inspect the home, transport the child to court-ordered diagnostic examinations and evaluations and obtain information and records concerning the child;

          [V.] Y. "relative" means a person related to another person by blood within the fifth degree of consanguinity or through marriage by the fifth degree of affinity;

          Z. "resumption of jurisdiction" means the court's resumption of jurisdiction over an eligible youth;

          [W.] AA. "reunification" means either a return of the child to the parent or to the home from which the child was removed or a return to the noncustodial parent;

          [X.] BB. "supervised independent living setting" means a placement setting that the department licenses for placement of an eligible youth;

          CC. "tribal court" means:

                (1) a court established and operated pursuant to a code or custom of an Indian tribe; or

                (2) any administrative body of an Indian tribe that is vested with judicial authority;

          [Y.] DD. "tribal court order" means a document issued by a tribal court that is signed by an appropriate authority, including a judge, governor or tribal council member, and that orders an action that is within the tribal court's jurisdiction; [and

          Z.] EE. "tribunal" means any judicial forum other than the court;

          FF. "voluntary services and support agreement" means a written agreement, binding on the parties to the agreement, between the department and an eligible youth, which agreement specifies, at a minimum, the legal status of the eligible youth and the rights and obligations of the eligible youth and the department while the eligible youth is participating in the fostering connections program; and

          GG. "youth" means an individual who is at least eighteen years of age and who is under twenty-one years of age."

     SECTION 11. Section 32A-1-5 NMSA 1978 (being Laws 1993, Chapter 77, Section 14) is amended to read:

     "32A-1-5. CHILDREN'S COURT ESTABLISHED AS DIVISION OF DISTRICT COURT--TRANSFER.--

          A. There is established in the district court for each county a division to be known as the "children's court". The district court of each judicial district shall designate one or more district judges to sit as judge of the children's court.

          B. The supreme court shall adopt rules of procedure not in conflict with the Children's Code governing proceedings in the children's court, including rules and procedures for juries.

          C. If, in a criminal action, it appears to a court other than the children's court division of the district court that jurisdiction is properly within the children's court division, the other court shall transfer the matter to the children's court division. Upon transfer, the children's court division obtains jurisdiction over the matter for proceedings in accordance with the provisions of the Children's Code.

          D. The children's court shall have jurisdiction over proceedings related to eligible youth who participate in the fostering connections program."

     SECTION 12. Section 32A-1-7.1 NMSA 1978 (being Laws 2005, Chapter 189, Section 10) is amended to read:

     "32A-1-7.1. CHILD'S OR ELIGIBLE YOUTH'S ATTORNEY--POWERS AND DUTIES.--

          A. An attorney shall represent a child in a proceeding for which the attorney has been retained or appointed. The attorney shall provide the same manner of legal representation and be bound by the same duties to the child as is due an adult client, in accordance with the rules of professional conduct.

          B. The court shall appoint an attorney to represent an eligible youth. The attorney shall represent the expressed wishes of the eligible youth in all proceedings.

          [B.] C. Unless excused by a court, an attorney appointed to represent a child or eligible youth shall represent the child or eligible youth in any subsequent appeals.

          [C.] D. An attorney representing a child or eligible youth in a proceeding pursuant to the Abuse and Neglect Act may retain separate counsel to represent the child in a tort action on a contingency fee basis or any other cause of action in proceedings that are outside the jurisdiction of the children's court. When a child's or eligible youth's attorney retains separate counsel to represent the child or eligible youth, the attorney shall provide the court with written notice within ten days of retaining the separate counsel. The child's or eligible youth's attorney shall not retain or subsequently obtain any pecuniary interest in an action filed on behalf of the child or eligible youth outside of the jurisdiction of the children's court."

     SECTION 13. Section 32A-1-8 NMSA 1978 (being Laws 1993, Chapter 77, Section 17, as amended) is amended to read:

     "32A-1-8. JURISDICTION OF THE COURT--TRIBAL COURT JURISDICTION.--

          A. The court has exclusive original jurisdiction of all proceedings under the Children's Code in which a person is eighteen years of age or older and was a child at the time the alleged act in question was committed or is a child alleged to be:

                (1) a delinquent child;

                (2) a child of a family in need of court-ordered services or a child in need of services pursuant to the Family in Need of Court-Ordered Services Act;

                 (3) a neglected child;

                (4) an abused child;

                (5) a child subject to adoption; [or]

                (6) a child subject to placement for a developmental disability or a mental disorder; or

                (7) an eligible youth participating in the fostering connections program.

          B. The court has exclusive original jurisdiction to emancipate a minor.

           C. During abuse or neglect proceedings in which New Mexico is the home state, pursuant to the provisions of the Uniform Child-Custody Jurisdiction and Enforcement Act, the court shall have jurisdiction over both parents to determine the best interest of the child and to decide all matters incident to the court proceedings.

          D. Nothing in this section shall be construed to abridge in any way [abridge] the rights of any Indian tribe to exercise jurisdiction over child custody matters as defined by and in accordance with the federal Indian Child Welfare Act of 1978.

          E. A tribal court order pertaining to an Indian child in an action under the Children's Code shall be recognized and enforced by the district court for the judicial district in which the tribal court is located. A tribal court order pertaining to an Indian child that accesses state resources shall be recognized and enforced pursuant to the provisions of intergovernmental agreements entered into by the Indian child's tribe and the department or another state agency. An Indian child residing on or off a reservation, as a citizen of this state, shall have the same right to services that are available to other children of the state, pursuant to intergovernmental agreements. The cost of the services provided to an Indian child shall be determined and provided for in the same manner as services are made available to other children of the state, utilizing tribal, state and federal funds and pursuant to intergovernmental agreements. The tribal court, as the court of original jurisdiction, shall retain jurisdiction and authority over the Indian child.

          F. The court may acquire jurisdiction over a Motor Vehicle Code or municipal traffic code violation as set forth in Section 32A-2-29 NMSA 1978."

     SECTION 14. Section 32A-1-9 NMSA 1978 (being Laws 1993, Chapter 77, Section 18, as amended) is amended to read:

     "32A-1-9. VENUE AND TRANSFER.--

           A. Proceedings in the court under the provisions of the Children's Code shall begin in the county where the child or eligible youth resides. If delinquency is alleged, the proceeding may also be begun in the county where the act constituting the alleged delinquent act occurred or in the county in which the child is detained. Neglect, abuse, family in need of court-ordered services, [or] mental health proceedings or resumption of jurisdiction cases may also begin in the county where the child or eligible youth is present when the proceeding is commenced.

          B. The venue for proceedings under other laws will be determined by the venue provisions of the other laws. If the other laws contain no venue provisions, then the venue and transfer provisions of Subsections A and C of this section apply.

          C. If a proceeding is begun in a court for a county other than the county in which the child or eligible youth resides, that court, on its own motion or on the motion of a party made at any time prior to disposition of the proceeding, may transfer the proceeding to the court for the county of the child's or eligible youth's residence for such further proceedings as the receiving court deems proper. A like transfer may be made if the residence of the child or eligible youth changes during or after the proceeding. Certified copies of all legal and social records pertaining to the proceeding shall accompany the case on transfer.

          D. In neglect, abuse, family in need of

court-ordered services or adoption proceedings for the placement of an Indian child, the court shall, in the absence of good cause to the contrary, transfer the proceeding to the jurisdiction of the Indian child's tribe upon the petition of the Indian child's parent, the Indian child's guardian or the Indian child's tribe. The transfer shall be barred if there is an objection to the transfer by a parent of the Indian child or the Indian child's tribe."

     SECTION 15. Section 32A-1-10 NMSA 1978 (being Laws 1993, Chapter 77, Section 19) is amended to read:

     "32A-1-10. PETITION--WHO MAY SIGN.--

          A. A petition initiating proceedings pursuant to the provisions of Chapter [32] 32A, Article 2, 3B, 4 or 6 NMSA 1978 shall be signed by the children's court attorney.

          B. A petition initiating proceedings pursuant to the provisions of the Fostering Connections Act shall be signed by the:

                (1) children's court attorney; or

                (2) department, when an eligible youth requests that the department initiate a proceeding arising pursuant to the provisions of the Fostering Connections Act.

          [B.] C. An affidavit for an ex-parte custody order may be signed by any person who has knowledge of the facts alleged or is informed of them and believes that they are true."

     SECTION 16. Section 32A-1-11 NMSA 1978 (being Laws 1993, Chapter 77, Section 20, as amended) is amended to read:

     "32A-1-11. PETITION--FORM AND CONTENT.--

          A. Except as provided in Subsection C of this section, a petition initiating proceedings pursuant to the provisions of Chapter 32A, Article 2, 3B, 4 or 6 NMSA 1978 shall be entitled, "In the Matter of ............, a child" [and]. A petition initiating proceedings pursuant to the provisions of the Fostering Connections Act shall be entitled, "In the Matter of ............, an eligible youth". A petition initiating proceedings for either a child or an eligible youth shall set forth with specificity:

                [A.] (1) the facts necessary to invoke or resume the jurisdiction of the court;

                [B.] (2) if violation of a criminal statute or other law or ordinance is alleged, the citation to the appropriate law;

                [C.] (3) the name, birth date and residence address of the child or eligible youth;

          [D. The name and residence address of the parents, guardian, custodian or spouse, if any, of the child; and if no parent, guardian, custodian or spouse, if any, resides or can be found within the state or if a residence address is unknown, the name of any known adult relative residing within the state or, if there be none, the known adult relative residing nearest to the court;

                E.] (4) whether the child or eligible youth is in custody or detention pursuant to the Delinquency Act and, if so, the place of custody or detention and the time the child was taken into custody; and

                 [F.] (5) whether the child or eligible youth is an Indian child. [and

           G. If any of the matters required to be set forth by this section are not known, a statement of those matters and the fact that they are not known.]

          B. A petition initiating proceedings relating to Chapter 32A, Article 2, 3B, 4 or 6 NMSA 1978 shall set forth with specificity the name and residence of the parents, guardians, custodian or spouse, if any, of the child and if no parent, guardian, custodian or spouse resides or can be found within the state or if a residence address is unknown, the name of any known adult relative residing within the state. If no adult relative is known to be residing within the state, the petition shall set forth with specificity the name and residence of the child's known adult relative residing nearest to the court.

          C. If any matter required to be set forth pursuant to the provisions of Subsection A or B of this section is not known, a petition initiating proceedings pursuant to Chapter 32A, Article 2, 3B, 4 or 6 NMSA 1978, or a petition initiating proceedings pursuant to the Fostering Connections Act, shall set forth with specificity a statement of that matter and the fact that it is not known."

     SECTION 17. Section 32A-1-16 NMSA 1978 (being Laws 1993, Chapter 77, Section 25) is amended to read:

     "32A-1-16. BASIC RIGHTS.--

          A. A child subject to the provisions of the Children's Code is entitled to the same basic rights as an adult, except as otherwise provided in the Children's Code.

          B. A person afforded rights under the Children's Code shall be advised of those rights at that person's first appearance before the court on a petition under the Children's Code.

          C. An eligible youth retains all the basic rights of an adult while receiving services pursuant to the fostering connections program."

     SECTION 18. Section 32A-1-18 NMSA 1978 (being Laws 1993, Chapter 77, Section 27, as amended) is amended to read:

     "32A-1-18. PROCEDURAL MATTERS.--

          A. When it appears from the facts during the course of any proceeding under the Children's Code that some finding or remedy other than or in addition to those indicated by the petition or motion are appropriate, the court may, either on motion by the children's court attorney or that of counsel for the child or eligible youth, amend the petition or motion and proceed to hear and determine the additional or other issues, findings or remedies as though originally properly sought.

          B. Upon application of a party, the court shall issue, and upon its own motion the court may issue, subpoenas requiring attendance and testimony of witnesses and the production of records, documents or other tangible objects at any hearing.

          C. Upon application of a party to proceedings relating to the fostering connections program pursuant to the Fostering Connections Act, the court shall issue, and upon its own motion the court may issue, subpoenas that require:

                (1) attendance and testimony of a witness, including a representative from an entity from which planning and assistance is required to effect an adequate transition plan for a child or for an eligible youth participating in the fostering connections program or for whom a transition plan is being developed; or

                (2) the production of records, documents or other tangible objects at any hearing related to the transition plan of the child or for the eligible youth.

          [C.] D. Subject to the laws relating to the procedures therefor and the limitations thereon, the court may punish a person for contempt of court for disobeying an order of the court or for obstructing or interfering with the proceedings of the court or the enforcement of its orders.

          [D.] E. In any proceeding under the Children's Code, either on motion of a party or on the court's own motion, the court may make an order restraining the conduct of any party over whom the court has obtained jurisdiction if:

                (1) the court finds that the person's conduct is or may be detrimental or harmful to the child or eligible youth and will tend to defeat the execution of any order of the court; and

                (2) due notice of the motion and the grounds therefor and an opportunity to be heard thereon have been given to the person against whom the order is directed.

          [E.] F. In any proceeding under the Children's Code, the court may allow a party or witness to the proceeding to participate by the use of electronic communications, consistent with the rights of all parties to the proceeding and pursuant to rules promulgated by the supreme court."

     SECTION 19. Section 32A-1-20 NMSA 1978 (being Laws 1993, Chapter 77, Section 29) is amended to read:

     "32A-1-20. PURCHASE OF CARE FROM PRIVATE AGENCY BY PUBLIC AGENCY.--When the legal custody of a child or the placement and care responsibility of an eligible youth 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 youth 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 or eligible youth is receiving and the child's or eligible youth's responses to that care and treatment. These reports shall be made as frequently as the public agency deems necessary, but not less often than once each six months for each child or eligible youth. The private agency shall also afford an opportunity for a representative of the public agency to examine or consult with the child or eligible youth as frequently as the public agency deems necessary."

     SECTION 20. Section 32A-2-3 NMSA 1978 (being Laws 1993, Chapter 77, Section 32, as amended) is amended to read:

     "32A-2-3. DEFINITIONS.--As used in the Delinquency Act:

          A. "delinquent act" means an act committed by a child that would be designated as a crime under the law if committed by an adult, including the following offenses:

                (1) any of the following offenses pursuant to municipal traffic codes or the Motor Vehicle Code:

                     (a) driving while under the influence of intoxicating liquor or drugs;

                     (b) failure to stop in the event of an accident causing death, personal injury or damage to property;

                     (c) unlawful taking of a vehicle or motor vehicle;

                     (d) receiving or transferring of a stolen vehicle or motor vehicle;

                     (e) homicide by vehicle;

                     (f) injuring or tampering with a vehicle;

                     (g) altering or changing of an engine number or other vehicle identification numbers;

                     (h) altering or forging of a driver's license or permit or any making of a fictitious license or permit;

                     (i) reckless driving;

                     (j) driving with a suspended or revoked license; or

                     (k) an offense punishable as a felony;

                (2) buying, attempting to buy, receiving, possessing or being served any alcoholic liquor or being present in a licensed liquor establishment, other than a restaurant or a licensed retail liquor establishment, except in the presence of the child's parent, guardian, custodian or adult spouse. As used in this paragraph, "restaurant" means an establishment where meals are prepared and served primarily for on-premises consumption and that has a dining room, a kitchen and the employees necessary for preparing, cooking and serving meals. "Restaurant" does not include an establishment, as defined in regulations promulgated by the director of the special investigations [division] unit of the department of public safety, that serves only hamburgers, sandwiches, salads and other fast foods;

                (3) a violation of Section 30-29-2 NMSA 1978, regarding the illegal use of a glue, aerosol spray product or other chemical substance;

                (4) a violation of the Controlled Substances Act;

                (5) escape from the custody of a law enforcement officer or a juvenile probation or parole officer or from any placement made by the department by a child who has been adjudicated a delinquent child;

                (6) a violation of Section 30-15-1.1 NMSA 1978 regarding unauthorized graffiti on personal or real property; or

                (7) a violation of an order of protection issued pursuant to the provisions of the Family Violence Protection Act;

          B. "delinquent child" means a child who has committed a delinquent act;

          C. "delinquent offender" means a delinquent child who is subject to juvenile sanctions only and who is not a youthful offender or a serious youthful offender;

          D. "detention facility" means a place where a child may be detained under the Children's Code pending court hearing and does not include a facility for the care and rehabilitation of an adjudicated delinquent child;

          E. "eligible youth" means, except as otherwise defined in the Children's Code, an individual who:

                (1) was adjudicated under the Delinquency Act;

                (2) has an order for foster care placement at the time the individual reaches the age of eighteen; and

                (3) is eligible for the fostering connections program established pursuant to the Fostering Connections Act;

          [E.] F. "felony" means an act that would be a felony if committed by an adult;

          [F.] G. "misdemeanor" means an act that would be a misdemeanor or petty misdemeanor if committed by an adult;

          [G.] H. "restitution" means financial reimbursement by the child to the victim or community service imposed by the court and is limited to easily ascertainable damages for injury to or loss of property, actual expenses incurred for medical, psychiatric and psychological treatment for injury to a person and lost wages resulting from physical injury, which are a direct and proximate result of a delinquent act. "Restitution" does not include reimbursement for damages for mental anguish, pain and suffering or other intangible losses. As used in this subsection, "victim" means a person who is injured or suffers damage of any kind by an act that is the subject of a complaint or referral to law enforcement officers or juvenile probation authorities. Nothing contained in this definition limits or replaces the provisions of Subsections A and B of Section 32A-2-27 NMSA 1978;

          [H.] I. "serious youthful offender" means an individual fifteen to eighteen years of age who is charged with and indicted or bound over for trial for first degree murder. A "serious youthful offender" is not a delinquent child as defined pursuant to the provisions of this section;

          [I.] J. "supervised release" means the release of a juvenile, whose term of commitment has not expired, from a facility for the care and rehabilitation of adjudicated delinquent children, with specified conditions to protect public safety and promote successful transition and reintegration into the community. A juvenile on supervised release is subject to monitoring by the department until the term of commitment has expired and may be returned to custody for violating conditions of release; and

          [J.] K. "youthful offender" means a delinquent child subject to adult or juvenile sanctions who is:

                (1) fourteen to eighteen years of age at the time of the offense and who is adjudicated for at least one of the following offenses:

                     (a) second degree murder, as provided in Section 30-2-1 NMSA 1978;

                     (b) assault with intent to commit a violent felony, as provided in Section 30-3-3 NMSA 1978;

                     (c) kidnapping, as provided in Section 30-4-1 NMSA 1978;

                     (d) aggravated battery, as provided in Subsection C of Section 30-3-5 NMSA 1978;

                     (e) aggravated battery against a household member, as provided in Subsection C of Section 30-3-16 NMSA 1978;

                     (f) aggravated battery upon a peace officer, as provided in Subsection C of Section 30-22-25 NMSA 1978;

                     (g) shooting at a dwelling or occupied building or shooting at or from a motor vehicle, as provided in Section 30-3-8 NMSA 1978;

                     (h) dangerous use of explosives, as provided in Section 30-7-5 NMSA 1978;

                     (i) criminal sexual penetration, as provided in Section 30-9-11 NMSA 1978;

                     (j) robbery, as provided in Section

30-16-2 NMSA 1978;

                     (k) aggravated burglary, as provided in Section 30-16-4 NMSA 1978;

                     (l) aggravated arson, as provided in Section 30-17-6 NMSA 1978; or

                     (m) abuse of a child that results in great bodily harm or death to the child, as provided in Section 30-6-1 NMSA 1978;

                (2) fourteen to eighteen years of age at the time of the offense, who is adjudicated for any felony offense and who has had three prior, separate felony adjudications within a three-year time period immediately preceding the instant offense. The felony adjudications relied upon as prior adjudications shall not have arisen out of the same transaction or occurrence or series of events related in time and location. Successful completion of consent decrees [are] is not considered a prior adjudication for the purposes of this paragraph; or

                (3) fourteen years of age and who is adjudicated for first degree murder, as provided in Section 30-2-1 NMSA 1978."

     SECTION 21. Section 32A-4-2 NMSA 1978 (being Laws 1993, Chapter 77, Section 96, as amended) is amended to read:

     "32A-4-2. DEFINITIONS.--As used in the Abuse and Neglect Act:

          A. "abandonment" includes instances when the parent, without justifiable cause:

                (1) left the child without provision for the child's identification for a period of fourteen days; or

                (2) left the child with others, including the other parent or an agency, without provision for support and without communication for a period of:

                     (a) three months if the child was under six years of age at the commencement of the three-month period; or

                     (b) six months if the child was over six years of age at the commencement of the six-month period;

          B. "abused child" means a child:

                (1) who has suffered or who is at risk of suffering serious harm because of the action or inaction of the child's parent, guardian or custodian;

                (2) who has suffered physical abuse, emotional abuse or psychological abuse inflicted or caused by the child's parent, guardian or custodian;

                (3) who has suffered sexual abuse or sexual exploitation inflicted by the child's parent, guardian or custodian;

                (4) whose parent, guardian or custodian has knowingly, intentionally or negligently placed the child in a situation that may endanger the child's life or health; or

                (5) whose parent, guardian or custodian has knowingly or intentionally tortured, cruelly confined or cruelly punished the child;

          C. "aggravated circumstances" includes those circumstances in which the parent, guardian or custodian has:

                (1) attempted, conspired to cause or caused great bodily harm to the child or great bodily harm or death to the child's sibling;

                (2) attempted, conspired to cause or caused great bodily harm or death to another parent, guardian or custodian of the child;

                (3) attempted, conspired to subject or has subjected the child to torture, chronic abuse or sexual abuse; or

                (4) had parental rights over a sibling of the child terminated involuntarily;

          D. "educational decision maker" means an individual appointed by the children's court to attend school meetings and to make decisions about the child's education that a parent could make under law, including decisions about the child's educational setting, and the development and implementation of an individual education plan for the child;

          E. "fictive kin" means a person not related by birth, adoption or marriage with whom a child has an emotionally significant relationship;

          F. "great bodily harm" means an injury to a person that creates a high probability of death, that causes serious disfigurement or that results in permanent or protracted loss or impairment of the function of a member or organ of the body;

          G. "neglected child" means a child:

                (1) who has been abandoned by the child's parent, guardian or custodian;

                (2) who is without proper parental care and control or subsistence, education, medical or other care or control necessary for the child's well-being because of the faults or habits of the child's parent, guardian or custodian or the failure or refusal of the parent, guardian or custodian, when able to do so, to provide them;

                (3) who has been physically or sexually abused, when the child's parent, guardian or custodian knew or should have known of the abuse and failed to take reasonable steps to protect the child from further harm;

                (4) whose parent, guardian or custodian is unable to discharge that person's responsibilities to and for the child because of incarceration, hospitalization or physical or mental disorder or incapacity; or

                (5) who has been placed for care or adoption in violation of the law; provided that nothing in the Children's Code shall be construed to imply that a child who is being provided with treatment by spiritual means alone through prayer, in accordance with the tenets and practices of a recognized church or religious denomination, by a duly accredited practitioner thereof is for that reason alone a neglected child within the meaning of the Children's Code; and further provided that no child shall be denied the protection afforded to all children under the Children's Code;

          H. "physical abuse" includes any case in which the child suffers strangulation or suffocation and any case in which the child exhibits evidence of skin bruising, bleeding, malnutrition, failure to thrive, burns, fracture of any bone, subdural hematoma, soft tissue swelling or death and:

                (1) there is not a justifiable explanation for the condition or death;

                (2) the explanation given for the condition is at variance with the degree or nature of the condition;

                (3) the explanation given for the death is at variance with the nature of the death; or

                (4) circumstances indicate that the condition or death may not be the product of an accidental occurrence;

          I. "relative" means a person related to another person by birth, adoption or marriage within the fifth degree of consanguinity;

          J. "sexual abuse" includes criminal sexual contact, incest or criminal sexual penetration, as those acts are defined by state law;

          K. "sexual exploitation" includes:

                (1) allowing, permitting or encouraging a child to engage in prostitution;

                (2) allowing, permitting, encouraging or engaging a child in obscene or pornographic photographing; or

                (3) filming or depicting a child for obscene or pornographic commercial purposes, as those acts are defined by state law;

          L. "sibling" means a brother or sister having one or both parents in common by birth or adoption;

          M. "strangulation" has the same meaning as set forth in Section 30-3-11 NMSA 1978;

          N. "suffocation" has the same meaning as set forth in Section 30-3-11 NMSA 1978; [and]

          O. "transition plan" means an individualized written plan for a child, based on the unique needs of the child, that outlines all appropriate services to be provided to the child to increase independent living skills. The plan shall also include responsibilities of the child, the agency and any other party as appropriate, to enable the child to be [self-sufficient] successful as an adult upon emancipation; and

          P. "youth" means an individual who is at least eighteen and less than twenty-one years of age."

     SECTION 22. Section 32A-4-15 NMSA 1978 (being Laws 1993, Chapter 77, Section 109) is amended to read:

     "32A-4-15. PETITION--AUTHORIZATION TO FILE.--

          A. A petition alleging neglect or abuse shall not be filed unless the children's court attorney has determined and endorsed upon the petition that the filing of the petition is in the best interests of the child. The children's court attorney shall, upon request of a person authorizing the filing of a petition, furnish legal services in connection with the authorization and preparation of the petition and the representation of the petitioner if the petitioner so requests.

          B. A petition requesting resumption of jurisdiction for the purposes of participation in the fostering connections program shall be filed at the request of a youth. The petition shall be filed by the youth's attorney, the children's court attorney or the youth."

     SECTION 23. Section 32A-4-23.1 NMSA 1978 (being Laws 2009, Chapter 239, Section 43) is amended to read:

     "32A-4-23.1. DISPOSITION OF AN UNDOCUMENTED IMMIGRANT CHILD IN A PROCEEDING UNDER THE ABUSE AND NEGLECT ACT.--

          A. Whenever the court adjudicates that a child is abused or neglected, the department shall determine the child's immigration status. At the first judicial review, the department shall report the child's immigration status to the court. Services to children alleged to have been abused, neglected or abandoned must be provided without regard to the immigration status of the child except where immigration status is explicitly set forth as a statutory or regulatory condition of coverage or eligibility.

          B. If the child is an undocumented immigrant, the department shall include in the treatment plan a recommendation as to whether the permanency plan for the child includes reuniting the child with the child's parents and whether it is in the child's best interest to be returned to the child's country of origin. If the permanency plan does not include reunification and the department does not recommend that the child be returned to the country of origin, the department shall determine whether the child may be eligible for special immigrant juvenile status under federal law.

          C. If the child is eligible for special immigrant juvenile status, the department shall move the court for a special immigrant juvenile status order containing the necessary findings to establish that the child meets the criteria for federal special immigrant juvenile status. The department's motion shall include a statement of the express wishes of the child, as expressed by the child or the child's guardian ad litem or attorney.

          D. After consultation with the child and the child's guardian ad litem or attorney, the department shall determine whether the child's best interests would be served by the filing of a petition for special immigrant juvenile status and application for adjustment of status and if in the child's best interest, within sixty days after an entry of the special immigrant juvenile status order, the department shall file a petition for special immigrant juvenile status and an application for adjustment of status on behalf of the child.

          E. If a petition and application have been filed and the petition and application have not been granted by the time the child reaches eighteen years of age, the court may retain jurisdiction over the case for the sole purpose of ensuring that the child continues to satisfy the requirements for classification as a special immigrant juvenile.

          F. Review hearings for the child shall be set solely for the purpose of confirming that the child continues to satisfy such requirements and determining the status of the petition and application.

          G. The court's jurisdiction terminates upon the final decision of the federal authorities.

          H. An undocumented immigrant who is eligible for the fostering connections program and elects to participate in the fostering connections program remains under the jurisdiction of the court to the same degree as any other eligible youth.

          [H.] I. Retention of jurisdiction in this instance does not affect the transition services available to the child or eligible youth.

          [I.] J. The court [may] shall not retain jurisdiction of the case after the immigrant child's twenty-first birthday.

          [J.] K. In a judicial review report provided to the court for a child for whom the court has granted the special immigrant juvenile status order described in Subsection C of this section, the court shall be advised of the status of the petition and application process concerning the child."

     SECTION 24. Section 32A-4-24 NMSA 1978 (being Laws 1993, Chapter 77, Section 118, as amended) is amended to read:

     "32A-4-24. LIMITATIONS ON DISPOSITIONAL JUDGMENTS-- MODIFICATION, TERMINATION OR EXTENSION OF COURT ORDERS.--

          A. A judgment vesting legal custody of a child in an agency shall remain in force for an indeterminate period not exceeding two years from the date entered.

          B. A judgment vesting legal custody of a child in an individual, other than the child's parent or permanent guardian, shall remain in force for two years from the date entered, unless sooner terminated by court order.

          C. A judgment vesting legal custody of a child in the child's parent or a permanent guardian shall remain in force for an indeterminate period from the date entered until terminated by court order or until the child is emancipated or reaches the age of majority.

          D. At any time prior to expiration, a judgment vesting legal custody or granting protective supervision may be modified, revoked or extended on motion by any party, including the child by and through the child's guardian ad litem.

          E. Prior to the expiration of a judgment transferring legal custody to an agency, the court may extend the judgment for additional periods of one year if it finds that the extension is necessary to safeguard the welfare of the child or the public interest.

          F. When a child reaches eighteen years of age, all neglect and abuse orders affecting the child then in force automatically terminate except as provided in [Section] Sections 32A-4-23.1 [NMSA 1978 and Subsection D of Section] and 32A-4-25.3 NMSA 1978 and the provisions of the Fostering Connections Act. The termination of the orders shall not disqualify a child from eligibility for transitional services.

          G. An eligible youth participating in the fostering connections program shall remain under the jurisdiction of the court while the eligible youth is participating in the fostering connections program. A child welfare agency has placement and care responsibility for the eligible youth. The eligible youth is the eligible youth's own legal custodian."

     SECTION 25. Section 32A-4-25 NMSA 1978 (being Laws 1993, Chapter 77, Section 119, as amended) is amended to read:

     "32A-4-25. PERIODIC JUDICIAL REVIEW OF DISPOSITIONAL JUDGMENTS.--

          A. The initial judicial review shall be held within sixty days of the disposition. At the initial judicial review, the parties shall demonstrate to the court efforts made to implement the treatment plan approved by the court in its dispositional order. The court shall determine the extent to which the treatment plan has been implemented and make supplemental orders as necessary to ensure compliance with the treatment plan and the safety of the child. Prior to the initial judicial review, the department shall submit a copy of the adjudicatory order, the dispositional order and notice of the initial judicial review to the council. The staff of the council, or an entity contracting with the council, shall review the case. If the staff or contracting entity determines that the case meets the criteria established in council rules, the staff or contracting entity shall designate the case for review by a substitute care review board. A representative of the substitute care review board, if designated, shall be permitted to attend and comment to the court.

          B. The court shall conduct subsequent periodic judicial reviews of the dispositional order 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 every six months thereafter. Prior to a subsequent periodic judicial review, the department shall submit a progress report to the council or any designated substitute care review board. Prior to any judicial review by the court pursuant to this section, the substitute care review board may review the dispositional order or the continuation of the order and the department's progress report and report its findings and recommendations to the court.

          C. Judicial review pursuant to this section may be carried out by either of the following:

                (1) a judicial review hearing conducted by the court; or

                (2) a judicial review hearing conducted by a special master appointed by the court; provided, however, that the court approve any findings made by the special master.

          D. The children's court attorney shall give notice of the time, place and purpose of any judicial review hearing held pursuant to Subsection A, B or C of this section to:

                (1) all parties, including:

                     (a) the child alleged to be neglected or abused or in need of court-ordered services, by and through the child's guardian ad litem or attorney;

                     (b) the child's parent, guardian or custodian, who has allegedly neglected or abused the child or is in need of court-ordered services; and

                     (c) any other person made a party by the court;

                (2) the child's foster parent or substitute care provider;

                (3) the child's court-appointed special advocate; and

                (4) if designated by the council, the substitute care review board.

          E. At any subsequent judicial review hearing held pursuant to Subsection B of this section, the department and all parties given notice pursuant to Subsection D of this section shall have the opportunity to present evidence and to cross-examine witnesses. At the hearing, the department shall show that it has made reasonable effort to implement any treatment plan approved by the court in its dispositional order and shall present a treatment plan consistent with the purposes of the Children's Code for any period of extension of the dispositional order. The respondent shall demonstrate to the court that efforts to comply with the treatment plan approved by the court in its dispositional order and efforts to maintain contact with the child were diligent and made in good faith. The court shall determine the extent of compliance with the treatment plan and whether progress is being made toward establishing a stable and permanent placement for the child.

          F. The Rules of Evidence shall not apply to hearings held pursuant to this section. The court may admit testimony by any person given notice of the hearing who has information about the status of the child or the status of the treatment plan.

          G. At the conclusion of any hearing held pursuant to this section, the court shall make findings of fact and conclusions of law.

          H. When the child is an Indian child, the court shall determine during review of a dispositional order whether the placement preferences set forth in the federal Indian Child Welfare Act of 1978 or the placement preferences of the child's Indian tribe were followed and whether the child's treatment plan provides for maintaining the child's cultural ties. When placement preferences have not been followed, good cause for noncompliance shall be clearly stated and supported.

          I. Based on its findings at a judicial review hearing held pursuant to Subsection B of this section, the court shall order one of the following dispositions:

                (1) dismiss the action and return the child to the child's parent without supervision if the court finds that conditions in the home that led to abuse have been corrected and it is now safe for the return of the abused child;

                (2) permit the child to remain with the child's parent, guardian or custodian subject to those conditions and limitations the court may prescribe, including protective supervision of the child by the department;

                (3) return the child to the child's parent and place the child under the protective supervision of the department;

                (4) transfer or continue legal custody of the child to:

                     (a) the noncustodial parent, if that is found to be in the child's best interests;

                     (b) a relative or other individual who, after study by the department or other agency designated by the court, is found by the court to be qualified to receive and care for the child and is appointed as a permanent guardian of the child; or

                     (c) the department, subject to the provisions of Paragraph (6) of this subsection;

                (5) continue the child in the legal custody of the department with or without any required parental involvement in a treatment plan. Reasonable efforts shall be made to preserve and reunify the family, with the paramount concern being the child's health and safety unless the court finds that such efforts are not required. The court may determine that reasonable efforts are not required to be made when the court finds that:

                     (a) the efforts would be futile; or

                     (b) the parent, guardian or custodian has subjected the child to aggravated circumstances;

                (6) make additional orders regarding the treatment plan or placement of the child to protect the child's best interests if the court determines the department has failed in implementing any material provision of the treatment plan or abused its discretion in the placement or proposed placement of the child; or

                (7) if during a judicial review the court finds that the child's parent, guardian or custodian has not complied with the court-ordered treatment plan, the court may order:

                     (a) the child's parent, guardian or custodian to show cause why the parent, guardian or custodian should not be held in contempt of court; or

                     (b) a hearing on the merits of terminating parental rights.

          J. Dispositional orders entered pursuant to this section shall remain in force for a period of six months, except for orders that provide for transfer of the child to the child's noncustodial parent or to a permanent guardian.

          K. When the court determines, pursuant to Paragraph (5) of Subsection I of this section, that no reasonable efforts at reunification are required, the court shall conduct, within thirty days, a permanency hearing as described in Section 32A-4-25.1 NMSA 1978. The department shall make reasonable efforts to place the child in a timely manner in accordance with the permanency plan and to complete whatever steps are necessary to finalize the permanent placement of the child.

          L. Subsequent judicial review of proceedings involving eligible youth shall proceed in accordance with the provisions of Section 7 of the Fostering Connections Act."

     SECTION 26. Section 32A-4-25.1 NMSA 1978 (being Laws 1997, Chapter 34, Section 8, as amended by Laws 2016, Chapter 54, Section 7 and by Laws 2016, Chapter 60, Section 3) is amended to read:

     "32A-4-25.1. PERMANENCY HEARINGS--PERMANENCY REVIEW HEARINGS.--

          A. A permanency hearing shall be commenced within six months of the initial judicial review of a child's dispositional order or within twelve months of a child entering foster care pursuant to Subsection [D] E of this section, whichever occurs first. Prior to the initial permanency hearing:

                (1) the department shall submit a copy of any continuation of the dispositional order and notice of hearing to the council or any substitute care review board designated pursuant to Section 32A-8-5 NMSA 1978;

                (2) the department shall submit a progress report to any designated substitute care review board;

                (3) all parties to the hearing shall attend a mandatory meeting and attempt to settle issues attendant to the permanency hearing and develop a proposed [treatment] case plan that serves the child's best interest; and

                (4) any designated substitute care review board may review the child's case and the department's progress report and report its findings and recommendations to the court.

          B. At the permanency hearing, all parties shall have the opportunity to present evidence and to cross-examine witnesses. At the conclusion of the permanency hearing, the court shall order one of the following permanency plans for the child:

                (1) reunification;

                (2) placement for adoption after the parents' rights have been relinquished or terminated or after a motion has been filed to terminate parental rights;

                (3) placement with a person who will be the child's permanent guardian;

                (4) placement in the legal custody of the department with the child placed in the home of a fit and willing relative; [or]

                (5) placement in the legal custody of the department under a planned permanent living arrangement; provided that there is substantial evidence that none of the above plans is appropriate for the child; or

                (6) placement in the legal custody of the department under a planned permanent living arrangement; provided that there is substantial evidence that none of the permanency plans set forth in Paragraphs (1) through (5) of this subsection is appropriate for the child.

          C. If the court adopts a permanency plan of reunification, the court shall adopt a plan for transitioning the child home within a reasonable period depending on the facts and circumstances of the case, but not to exceed six months, and schedule a permanency review hearing within three months. If the child is reunified, the subsequent hearing may be vacated.

          D. At the permanency review hearing, all parties and the child's guardian ad litem or attorney shall have the opportunity to present evidence and cross-examine witnesses. Based on the evidence, the court shall:

                (1) change the plan from reunification to one of the alternative plans provided in Subsection B of this section;

                (2) dismiss the case and return custody of the child to the child's parent, guardian or custodian;

                (3) continue legal custody of the child in the department to complete a transition home to the child's parent, guardian or custodian and continue the case plan for not more than six months, after which the case shall be dismissed unless the plan is changed as provided in Paragraph (1) of this subsection; or

                (4) return the child to the custody of the child's parent, guardian or custodian, subject to any conditions or limitations as the court may prescribe, including protective supervision of the child by the department and continuation of the case plan for not more than six months, after which the case shall be dismissed. The department may seek removal of a child from the home by obtaining an order in the pending case or by seeking emergency removal under Section 32A-4-6 NMSA 1978 during the period of protective supervision if the child's best interest requires such action. When a child is removed in this situation, a permanency hearing shall be scheduled within thirty days of the child coming back into the department's legal custody.

          E. The court shall hold a permanency hearing and adopt a permanency plan for a child within twelve months of the child entering foster care. For purposes of this section, a child shall be considered to have entered foster care on the earlier of:

                (1) the date of the first judicial finding that the child has been abused or neglected; or

                (2) sixty days after the date on which the child was removed from the home.

          F. The court shall hold permanency hearings every twelve months when a child is in the legal custody of the department.

          G. The children's court attorney shall give notice of the time, place and purpose of any permanency hearing or permanency review hearing held pursuant to this section to:

                (1) all parties, including:

                     (a) the child alleged to be neglected or abused or in need of court-ordered services, by and through the child's guardian ad litem or attorney;

                     (b) the child's parent, guardian or custodian, who has allegedly neglected or abused the child or is in need of court-ordered services; and

                     (c) any other person made a party by the court;

                (2) the child's foster parent or substitute care provider;

                (3) the child's court-appointed special advocate; and

                (4) if designated by the council, the substitute care review board.

          H. The Rules of Evidence shall not apply to permanency hearings. The court may admit testimony by any person given notice of the permanency hearing who has information about the status of the child or the status of the treatment plan. All testimony shall be subject to cross-examination.

          I. Subsequent judicial review of proceedings involving eligible youth shall proceed in accordance with the provisions of Section 7 of the Fostering Connections Act."

     SECTION 27. Section 32A-4-25.2 NMSA 1978 (being Laws 2009, Chapter 239, Section 47) is amended to read:

     "32A-4-25.2. TRANSITION SERVICES--PLANNING.--

          A. Transition services shall be provided to youth beginning at age fourteen and shall assist the youth in gaining skills and competencies to successfully transition to adulthood.

          B. Transition services shall be provided in at least the following domains:

                (1) housing;

                (2) education;

                (3) finances and employment;

                (4) supportive relationships and community connections;

                (5) cultural and personal identity;

                (6) daily living skills;

                (7) transportation; and

                (8) parenting.

          C. The transition services that the youth receives shall be documented in the youth's case plan, which shall be updated at least once every six months.

          D. Beginning at age sixteen, as part of a youth's transition planning and case planning process, a youth shall be:

                (1) notified of the opportunity, beginning at age eighteen, to participate in the fostering connections program; and

                (2) provided information on the benefits of the fostering connections program, criteria for eligibility and how the agency can assist the youth in establishing eligibility when the youth reaches the age of eighteen.

          [A.] E. Prior to a child's reaching seventeen years of age, the department shall meet with the child, the child's attorney and others of the child's choosing, including biological family members, to develop a transition plan to provide permanency and stability for the youth upon leaving care. The department shall assist the child in identifying and planning to meet the child's needs after the child's eighteenth birthday, including housing, education, employment or income, health and mental health, local opportunities for mentors and continuing support services.

          [B.] F. The department shall present the child's proposed transition plan to the court at the first hearing scheduled after the child's seventeenth birthday.

          [C.] G. The court shall approve and order a transition plan for the child. The transition plan approved by the court shall be reviewed at every subsequent review and permanency hearing."

     SECTION 28. Section 32A-4-25.3 NMSA 1978 (being Laws 2009, Chapter 239, Section 48) is amended to read:

     "32A-4-25.3. DISCHARGE HEARING.--

          A. At the last review or permanency hearing held prior to the child's eighteenth birthday, or prior to an eligible youth's discharge from the fostering connections program, the court shall review the 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:

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

                (2) whether the child's or eligible youth's social security card, certified birth certificate, state-issued identification card, death certificate of a parent, [and] proof of citizenship or residence and proof that the child or eligible youth has been in foster care have been provided to the child or eligible youth;

                (3) whether assistance in obtaining medicaid has been provided to the child or eligible youth, unless the child or eligible youth is ineligible for medicaid; and

                (4) whether referral for a guardianship or limited guardianship if the child or eligible youth is incapacitated has been made.

          C. If the court finds that the department has not made reasonable efforts to meet all the requirements of Subsection B of this section and that termination of jurisdiction would be harmful to the young adult, the court may continue to exercise its jurisdiction for a period not to exceed one year from the child's eighteenth birthday or the eligible youth's discharge from the fostering connections program. The young adult must consent to continued jurisdiction of the court. The court may dismiss for good cause the case at any time after the child's eighteenth birthday [for good cause] or the eligible youth's discharge from the fostering connections program."

     SECTION 29. TEMPORARY PROVISION--AMENDED STATE PLAN AMENDMENT--CHILDREN, YOUTH AND FAMILIES DEPARTMENT RULES.--

          A. By October 1, 2019, the children, youth and families department shall:

                (1) submit an amendment to the state plan to seek federal funding for newly eligible youth for whom a kinship guardianship assistance agreement was in effect if the child had attained sixteen years of age before the agreement became effective or for whom a state-funded guardianship assistance agreement was in effect if the youth had attained sixteen years of age before the agreement became effective;

                (2) implement the fostering connections program pursuant to the provisions of the Fostering Connections Act and maximize the children, youth and families department's access to federal funds for extended guardianship assistance and extended adoption assistance for the benefit of eligible youth, as "eligible youth" is defined in the Children's Code, participating in the fostering connections program; and

                (3) adopt and promulgate rules as needed to carry out the provisions of the Fostering Connections Act.

          B. As used in this section, "eligible youth" means an individual who is between the ages of eighteen and twenty-one who, pursuant to the Fostering Connections Act:

                (1) has chosen to remain under the jurisdiction of the court; and

                (2) participates in the fostering connections program."

     SECTION 30. APPROPRIATION.--One million seven hundred forty-one thousand dollars ($1,741,000) is appropriated from the general fund to the children, youth and families department for expenditure in fiscal year 2020 to implement the fostering connections program pursuant to the Fostering Connections Act. Any unexpended or unencumbered balance remaining at the end of fiscal year 2020 shall revert to the general fund.

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