Compilation of Rules and Regulations of the State of Georgia
Department 97 - DEPARTMENT OF JUVENILE JUSTICE
Chapter 97-2 - ADMINISTRATIVE REVOCATIONS OF JUVENILE COMMUNITY PLACEMENT
Rule 97-2-.03 - Administrative Revocation: Preliminary Procedures
Current through Rules and Regulations filed through December 18, 2024
If a case manager proposes to revoke administratively a community placement, the following procedures will be initiated:
(a) Violation Report. A violation report will be filed with the immediate supervisor of the case manager alleging a violation of the conditions of a youth's community placement. Only those conditions which have been put into writing and explained to the youth can be used as a basis for revocation.
(b) Request for Detention. The case manager, upon authorization, has the authority to request the detention of a youth in a detention facility for 72 hours. Such a request should be made only if detention is required to protect the person or property of others or of the youth or if there is reason to believe that the youth will not appear at a preliminary hearing.
(c) Notice of Preliminary Hearing. The youth and the youth's parents or guardian, if available, must be given at least 24 hours notice that a preliminary hearing is to be held to consider the allegations made in the violation report.
(d) Preliminary Hearing: Nature and Purpose. The preliminary hearing is an informal hearing, the purpose of which is to establish whether there is probable cause to believe that the youth has violated the conditions of the youth's community placement. The hearing officer may accept testimony and evidence not otherwise admissible if he believes it to be reliable.
(e) Waiver. If the youth admits to the charges, the youth and the youth's parents may waive the right to a final revocation hearing, and the youth may be returned to an institution with no further proceedings. This information is recorded on an Admission of Violation/Waiver form. If the parents or guardian are not reasonably available at the hearing, the youth may waive any further hearing without the youth's parents if the youth fully understands the implications of such a waiver. A notation of such non-availability of the parents or guardian shall be recorded by the hearing officer.
(f) Findings of Preliminary Hearing. The hearing officer must record the results of the preliminary hearing on the "Findings of Preliminary Hearing" form. He will record a summary of the hearing including the substance of the charges, evidence presented, the defense, the admission or denial of the charges, and his conclusions.
O.C.G.A. Sec. 49-4A-1, et seq; 50-13-41.