N.M. Stat. § 32A-26-6
Termination of voluntary services and support
agreement; notice; procedure.
A. An eligible adult 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 adult chooses to terminate the voluntary services and
support agreement, the department shall provide the eligible adult with a clear and
developmentally appropriate written notice informing the eligible adult 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 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 adult.
B. As part of the case management processes, the department shall identify as
soon as possible any barriers to maintaining eligibility that an eligible adult is
encountering and shall make active efforts to assist the eligible adult to overcome
identified barriers and maintain eligibility. The department's efforts shall be documented
in the transition plan.
C. Academic breaks in post-secondary education attendance, such as semester
and seasonal breaks, and other transitions between status that meet eligibility
requirements, including education and employment transitions of no longer than thirty
days, shall not be a basis for termination.
D. If the department determines that a young adult is no longer eligible for the
fostering connections program, the department shall:
(1)
no more than fifteen days after the determination and prior to requesting a
discharge hearing, provide to the young adult and the young adult's attorney a clear and
developmentally appropriate:
(a) written notice informing the young adult of the department's intent to
terminate the voluntary services and support agreement; and
(b) explanation of the basis for the termination; and
(2)
make active efforts to meet in person with the young adult to explain the
information in the written termination notice and to assist the young adult in
reestablishing eligibility if the young adult wishes to continue participating in the
program.
E. The department shall not terminate services under the fostering connections
program without court approval after a discharge hearing.
F. If an eligible adult remains in the fostering connections program until attaining
twenty-one years of age, at least sixty days before the eligible adult's twenty-first
birthday, the department shall provide the eligible adult with:
(1)
a clear and developmentally appropriate written notice informing the
eligible adult of the termination of the voluntary services and support agreement at
twenty-one years of age;
(2)
an updated plan with ongoing goals; and
(3)
information about and contact information for community resources that
may benefit the young adult, including information regarding state programs established
pursuant to federal law that provide transitional foster care assistance to young adults.