Rule 5.903.Nonminor dependent status review hearing (§§ 224.1(b), 295, 366.1, 366.3, 366.31, 391, 11403)

The review exists to look forward. Its primary purpose is the goals and services in the young person’s Transitional Independent Living Case Plan, and the efforts and progress made toward independence and toward lifelong connections with caring and committed adults.

A review happens at least every six months, before the court or a local administrative review panel. Four circumstances put it on the appearance calendar before a judicial officer with a court reporter: it is the first hearing after the young person’s 18th birthday; the first after jurisdiction was resumed; the young person or their attorney asks for it; or 12 months have passed since the court itself conducted one.

The young person may invite participants of their own. One provision is pointed: where delinquency jurisdiction was dismissed in favour of transition jurisdiction, the prosecuting attorney is not permitted to appear at later reviews. They may appear by telephone, and an incomplete report brings a continuance of no more than five court days.

Notice goes out in the statutory manner to everyone entitled — except that notice to the parents is not required, which follows from the young person being an adult. The notice served on them must say they may appear by telephone and explain how to arrange it. Proof of service is filed at least five court days before.

The report carries the statutory content plus two things: how and when the transition plan was developed, including how far the young person took part and, for someone who has elected to keep the Indian Child Welfare Act applying, the extent of consultation with the tribal representative; and the progress toward the plan goals with any modifications needed. The plan itself is submitted with it, and both are filed at least 10 calendar days before with copies to the young person, all attorneys, and the tribal representative where applicable.

Eleven findings follow, and read together they are a check on whether the plan is real: whether notice was given; whether the plan includes a way to satisfy a participation criterion; which criteria were satisfied since the last hearing and which are anticipated in the next six months; whether reasonable efforts and assistance were provided to help maintain compliance; whether the plan was developed jointly, reflects the living situation and services that in the young person’s own opinion meet their needs, and sets benchmarks for knowing when independence has been reached; whether the tribal representative was consulted; whether the plan includes appropriate and meaningful independent living skill services; whether the young person signed and received a copy; the extent of progress and any modifications needed; and, for someone who has returned to a parent or former guardian, whether continued jurisdiction is necessary.

Then the orders: continue jurisdiction with another review in six months — ordering a permanent plan consistent with the transition plan, specifying the likely date independence is expected, and, where the parents are receiving reunification services, continuing them, ending them, or allowing the young person to live with the parent with jurisdiction either terminated or continued; or continue jurisdiction and set a termination hearing within 30 days; or terminate jurisdiction where the review was heard together with a termination hearing.