A. At the last review or permanency hearing held prior to the child’s eighteenth birthday, the court shall review the transition plan and shall determine whether the department has made reasonable efforts to implement the requirements of Subsection B of this section.
B. The court shall determine:
(1) whether written information concerning the child’s family history, the whereabouts of any sibling if appropriate and education and health records have been provided to the child;
(2) whether the child’s social security card, certified birth certificate, state-issued identification card, death certificate of a parent and proof of citizenship or residence have been provided to the child;
(3) whether assistance in obtaining medicaid has been provided to the child, unless the child is ineligible for medicaid; and
(4) whether referral for a guardianship or limited guardianship if the child is incapacitated has been made.
C. If the court finds that the department has not made reasonable efforts to meet all the requirements of Subsection B of this section and that termination of jurisdiction would be harmful to the young adult, the court may continue to exercise its jurisdiction for a period not to exceed one year from the child’s eighteenth birthday. The young adult must consent to continued jurisdiction of the court. The court may dismiss the case at any time after the child’s eighteenth birthday for good cause.
HISTORY:
1978 32A-4-25.3, enacted by Laws 2009, ch. 239, § 48.
Effective dates.
Laws 2009, ch. 239, § 72 makes the act effective July 1, 2009.
Applicability.
Laws 2009, ch. 239, § 71 makes the provisions of this act applicable to all children who, on July 1, 2009, are on release or are otherwise eligible to be placed on release as if the Juvenile Public Safety Advisory Board Act had been in effect at the time they were placed on release or became eligible to be released.
Research References and Practice Aids
Cross references.
Limitations on dispositional judgments; modification, termination or extension of court orders, 32A-4-24 NMSA 1978.