As used in the Fostering Connections Act:
A. "active efforts" means a heightened standard that is greater than reasonable efforts that include affirmative, active, thorough and timely efforts;
B. "eligible adult" means an individual who meets the eligibility criteria for participation in the fostering connections program;
C. "foster care maintenance payment" means a payment for the care and support of an eligible adult, which is based on the needs of the eligible adult;
D. "host home" means a setting in an eligible adult's former foster home or in another residence in which an eligible adult:
(1) shares a residence with another adult or adults; and
(2) agrees to meet the basic expectations established by the:
(a) eligible adult;
(b) other adult or adults sharing the residence; and
(c) department;
E. "placement and care" means the day-to-day care and protection of the child or eligible adult, including responsibility for placement decisions about the child or eligible adult;
F. "supervised independent living setting" means an age-appropriate setting that the department approves for placement of an eligible adult, which setting:
(1) is consistent with federal law and guidance for a supervised setting in which an eligible adult lives independently; and
(2) may be a residence where the eligible adult lives alone or shares a residence with others, including:
(a) a host home;
(b) a college dormitory or other post-secondary education or training housing; or
(c) the home of a parent of the eligible adult;
G. "transition plan" means a written, individualized plan developed collaboratively between the department and the eligible adult that assesses the eligible adult's strengths and needs, establishes goals and identifies the services and activities that will be provided to the eligible adult to achieve the established goals, the time frames for achieving the goals and the individuals or entities responsible for providing the identified services and activities as provided by rule;
H. "voluntary services and support agreement" means a written agreement, binding on the parties to the agreement, between the department and an eligible adult, which agreement is consistent with the requirements of a voluntary placement agreement pursuant to federal law and which specifies, at a minimum, the legal status of the eligible adult and the rights and obligations of the eligible adult and the department while the eligible adult is participating in the fostering connections program; and
I. "young adult" means an individual who is at least eighteen years of age and who is under twenty-one years of age and is not currently participating in the fostering connections program pursuant to Section 32A-26-3 NMSA 1978.
History: Laws 2019, ch. 149, § 2; 2020, ch. 52, § 4.
ANNOTATIONSThe 2020 amendment, effective May 20, 2020, added definitions for "active efforts" and "placement and care" and revised the meaning of certain terms as used in the Fostering Connections Act; added a new Subsection A and redesignated former Subsections A through C as Subsections B through D, respectively; in Subsection C, after "which", deleted "payment rate is established through legislative appropriation and"; added a new Subsection E and redesignated former Subsections D through G as Subsections F through I, respectively; in Subsection F, Paragraph F(1), deleted "conforms to federal requirements for supervised independent living settings" and added "is consistent with federal law and guidance for a supervised setting in which an eligible adult lives independently", in Paragraph F(2), after "may be", deleted "single or shared", and after "residence", added "where the eligible adult lives alone or shares a residence with others"; in Subsection G, in the introductory clause, after "eligible adult that", deleted "identifies the", deleted former Paragraphs (1) and (2) and added the remainder of the subsection; in Subsection H, after "which agreement", added "is consistent with the requirements of a voluntary placement agreement pursuant to federal law and which"; and in Subsection I, after "twenty-one years of age", added "and is not currently participating in the fostering connections program pursuant to Section 32A-26-3 NMSA 1978".
Temporary provisions. — Laws 2019, ch. 149, § 14 provided:
A. By October 1, 2020, the children, youth and families department shall:
(1) submit an amendment to the state plan to seek federal funding for newly eligible adults for whom an adoption subsidy or a 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 adults 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 adult" means an individual who meets the eligibility criteria for participating in the fostering connections program.