Rule 10-802. Initial hearing; review hearings; discharge hearing.

A. Initial hearing. An initial hearing on the petition shall be held within ninety (90) days from the date a petition is filed. At the initial hearing the court shall (1) review the voluntary services and support agreement and determine whether the agreement is in the best interest of the eligible adult; and (2) review the transition plan to determine whether it meets the requirements of the Fostering Connections Act. B. Required report. Five (5) days before each review and discharge hearing, the department shall prepare and present to the court and the eligible adult a report addressing progress made in meeting the goals in the transition plan, including a proposal for transitioning to independent living, and shall propose modifications as necessary to further those goals. C. Review hearings. Review hearings shall be held at least every six (6) months and shall be conducted in a manner that encourages the eligible adult’s meaningful participation by considering procedural modifications and flexible scheduling that meets the eligible adult’s needs. D. Active efforts required. At each review hearing, the department shall show that it has made active efforts to comply with the voluntary services and support agreement and effectuate the transition plan. If the court finds that the department has not made active efforts to comply with the voluntary services and support agreement and effectuate the transition plan, the court may order additional services and support to achieve the goals of the transition plan and the goals of state and federal law. E. Discharge hearing. (1) Discharge hearing based on age. This discharge hearing is also the final review hearing and shall be held within ten (10) days prior to the eligible adult’s twenty- first birthday. The department must request a discharge hearing where the court shall determine whether the department has made active efforts to help the eligible adult effectuate each element in the transition plan. If the court finds that the department has not made active efforts and that termination of jurisdiction would be harmful to the eligible adult, the court may continue to exercise its jurisdiction for a period not to exceed one (1) year from the eligible adult’s twenty-first birthday or the eligible adult’s discharge from the fostering connections program, provided that the eligible adult consents to the continued jurisdiction of the court. The court may dismiss for good cause at any time after the eligible adult’s twenty-first birthday or the eligible adult’s discharge from the fostering connections program. (2) Discharge hearing based on ineligibility. When the department seeks to discharge a participant from the fostering connections program, the department shall file a motion to discharge based on ineligibility. The court shall hold a hearing and discharge the participant if (a) the department provided a clear, developmentally appropriate, and written notice informing the participant of the department’s intent to terminate the voluntary services and support agreement and explaining the basis for the proposed termination; (b) the department made active efforts to meet in person with the participant to explain the information in the written termination notice and to assist the participant to reestablish eligibility if the participant so wishes; and (c) the participant no longer meets the eligibility criteria in Section 32A-26-3 NMSA 1978. [Provisionally adopted by Supreme Court Order No. 21-8300-007, effective for all cases pending or filed on or after November 12, 2021; provisionally adopted rule approved by Supreme Court Order No. 22-8300-017, effective for all cases pending or filed on or after December 31, 2022.]