N.M. Admin. Code § 8.10.8.13

Current through Register Vol. 35, No. 20, October 22, 2024

Section 8.10.8.13 - CASE PLANNING

A. As part of the initial case planning process, PSD shall hold an initial assessment planning conference prior to the 10 day custody hearing. An initial assessment plan shall be developed at the assessment planning conference. The initial assessment plan is ordered at the custody hearing and remains in effect until a case plan is ordered at the dispositional hearing.

B. PSD shall develop a case plan to address the identified danger indicators and include plan-directed activities for both the child and parent, guardian or custodian to achieve permanency without the need for the PSD intervention.

C. At a minimum, the case plan shall be re-assessed prior to any court hearing.

D. For youth ages 14 and older, the case plan shall be developed in consultation with the youth and, at the option of the youth, with up to two members of the case planning team who are chosen by the youth and who are not a resource parent of or a caseworker for, the youth. PSD may reject an individual selected by the youth to be a member of the case planning team at any time if PSD has good cause to believe the individual would not act in the best interest of the youth. An individual shall be selected by the youth to be a member of the youth's case planning team, and may be designated to be the youth's advisor and, as necessary, advocate with respect to the application of the reasonable and prudent parent standard to the youth.

E. As part of the youth's case plan, PSD shall provide to the youth the New Mexico foster child and youth bill of rights and the New Mexico foster youth document of responsibilities .

(1) PSD shall provide a document that describes the rights of the child with respect to education, health, visitation, and court participation, the right to be provided with the documents and the right to stay safe and avoid exploitation.

(2) PSD shall obtain a signed acknowledgement that the child has received a copy of those documents and understands those rights and responsibilities; and

(3) PSD shall also provide and adhere to youth the youth grievance process.

G.Other plans within the case plan: As part of the case planning process the following plans shall be incorporated into the case plan as appropriate:

(1) Permanency plan: The permanency plan reflects the permanency goals to be achieved. Every child's case plan shall have a permanency plan, which may change throughout the life of the case.

(2) Transition home plan: A transition home plan shall be submitted to the court prior to or at the initial permanency hearing when the child's plan remains reunification. The plan shall be completed within 90 days of the initial permanency hearing. The plan results in the child being placed with their parent, guardian or custodian on a trial home visit.

(a) As part of the transition home plan, PSD shall set up a trial home visit in which the child resides with their parent, guardian or custodian until it has been determined no safety threats exist to the child and the case can be dismissed. If the trial home visit is unsuccessful, then the child shall be removed from the home of the parent, guardian or custodian and placed in the same or another out of home placement.

(b) A trial home visit normally does not exceed six months in duration.

(c) If a trial home visit exceeds six months in duration, or exceeds a longer time period deemed appropriate by the court, and the child is subsequently returned to foster care, the placement is considered a new placement and procedures must be followed to newly establish title IV-E eligibility.

(4) Life skills plan: PSD shall develop a life skills plan, using the life skills assessment, with youth age 14 or older who are in PSD custody. The life skills plan shall identify the activities, tasks, and services needed for the youth to develop the life skills necessary to safely transition into independent living as an adult, regardless of the youth's permanency plan.

(5) Transition plan: PSD shall begin developing a transition plan with the youth prior to their seventeenth birthday to identify needs, strengths and goals in the areas of safety, housing, education, employment or income, physical health and mental health, local opportunities for mentors and continuing support services. The plan shall identify activities, responsibilities and timeframes to address specified goals. PSD shall present the transition plan to the court at the first hearing scheduled after the youth's seventeenth birthday. The court shall order the transition plan for the youth. The transition plan approved by the court shall be reviewed at every subsequent review and permanency hearing.

N.M. Admin. Code § 8.10.8.13

8.10.8.13 NMAC - Rp, 8.10.8.13 NMAC, 11/15/05, Adopted by New Mexico Register, Volume XXVI, Issue 18, September 29, 2015, eff. 9/29/2015, Amended by New Mexico Register, Volume XXXII, Issue 09, May 4, 2021, eff. 5/4/2021