Rule 10-345. Permanency and permanency review hearings.

A. Initial permanency hearing. Within six (6) months after the conclusion of the initial judicial review of a child’s dispositional order or within twelve (12) months of a child entering foster care, as defined in Section 32A-4-25.1(E) NMSA 1978, whichever occurs first, the court shall conduct a permanency hearing to determine what permanency plan is in the child’s best interest. B. Notice. The department shall be responsible for obtaining a setting for the initial and any subsequent permanency or permanency review hearings and shall give notice of the hearing to all other parties and any other persons as required by law. C. Permanency hearing report. Not less than five (5) days before a permanency hearing, the department shall prepare and serve on each party a permanency hearing report. The report shall include the department’s proposed permanency plan. The permanency hearing report shall also set forth any changes to the disposition plan. D. Pre-hearing mandatory meeting. Not less than five (5) days before the initial permanency hearing, the parties shall participate in a pre-hearing mandatory meeting. The department shall give notice of the time and place of the meeting to each party. E. Initial permanency order. At the conclusion of the permanency hearing, the court shall enter an order establishing one (1) of the permanency plans set forth in Section 32A-4-25.1(B) NMSA 1978 for the child. F. Permanency review hearing; when required. (1) If the court adopts a permanency plan of reunification under Paragraph E of this rule at the conclusion of the initial permanency hearing, the court shall schedule a permanency review hearing within three (3) months, which may be vacated if the child is reunified. (2) At the conclusion of any permanency review hearing, the court shall enter an order changing the plan, dismissing the case, or returning the child to the child’s parent, guardian, or custodian as set forth in Section 32A-4-25.1(D) NMSA 1978. G. Subsequent permanency hearings. The court shall hold permanency hearings at least every twelve (12) months when a child is in the legal custody of the department. At each hearing, the court shall review the permanency plan in effect, determine whether the department has made reasonable efforts to finalize the plan in effect, and determine whether changes to the plan are appropriate. H. Permanency and review hearings for older children; fostering connections program notification; transition plans. (1) At every permanency and judicial review hearing after the child attains sixteen (16) years and six (6) months of age, the court shall make a finding about whether the child has been notified about the fostering connections program and the benefits of the program. (2) At the first hearing after the child’s seventeenth birthday, the department shall present the child’s transition plan to the court and the court shall order a transition plan for the child, which shall be reviewed at every subsequent judicial review and permanency hearing. (3) At the review hearing that occurs as close as possible, but not after the child turns seventeen (17) years and nine (9) months, the court shall make a finding of whether the child has decided to participate in the fostering connections program and whether the child has been provided an opportunity to develop a voluntary services and support agreement.