N.M. R. Child. Ct. 10-802
Committee Commentary. - The Fostering Connections Act defines "active efforts" as "a heightened standard that is greater than reasonable efforts that include affirmative, active, thorough and timely efforts." NMSA 1978, § 32A-26-2(A) (2020). "'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." NMSA 1978, § 32A-26-2(G) (2020).
The best interest finding for the fostering connections program is distinct from the best interest finding in cases arising under the Abuse and Neglect Act. Unlike abuse and neglect cases, in which the court acts as parens patriae, the court in fostering connections cases must determine whether a young person who has voluntarily enrolled in the program would benefit from continued placement and services as he or she transitions to adulthood. Given that transition to adulthood lasts into a young person's mid-twenties and that young people emerging from the foster care system often do not have existing family and other support systems to rely on, continued placement and supports will provide a benefit to almost all young people if not all young people. Finally, the best interest finding does not ask the court to predict the success of the young person in the program; it only asks the court to determine whether the young person may benefit from the program's services and supports.