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

Universal Citation: GA Rules and Regs r 97-2-.03

Current through Rules and Regulations filed through December 27, 2023

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.

1. The violation report must include the specific violations that are alleged, the dates of the occurrence, a summary of the circumstances of each violation, and the time and place of detention if the youth is detained.

2. The violation report must be explained to the youth and a copy must be delivered to the youth and the youth's parent or guardian as soon as possible after filing and no later than 24 hours prior to a preliminary hearing.

(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.

1. The notice will indicate the time and place of the hearing, its purpose and the youth's rights.

2. It shall be read and explained to the youth by the case manager and a copy shall be given to the youth and the youth's parents or guardian, if they are available.

(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.

1. The case manager's immediate supervisor or designee will present the charges and evidence regarding the alleged violations. The case manager will perform the role of witness for the Department. If a supervisor is actively managing the case, he will present the charges and serve as a witness for the Department.

(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.

1. If the youth waives a final hearing, the preliminary hearing officer shall have the authority to make the same disposition that the administrative law judge for the final revocation hearing could make. If no probable cause is determined, the youth shall be immediately continued in the community.

2. If probable cause is determined and the youth does not waive the final hearing, a final revocation hearing will be scheduled. The preliminary hearing officer will also determine whether the youth shall be detained until the final hearing. The decision to detain the youth shall 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 the youth will not appear at the final hearing.

3. Copies of the findings shall be given to the youth and the youth's parents or guardian, if reasonably available, within ten working days.

O.C.G.A. Sec. 49-4A-1, et seq; 50-13-41.

Original Rule entitled "Administrative Revocation: Preliminary Procedures" adopted. F. May 26, 1993; eff. July 1, 1993, as specified by the Agency.

Amended: F. Apr. 25, 1995; eff. May 15, 1995.

Amended: F. May 28, 1997; eff. July 1, 1997, as specified by the Agency.

Disclaimer: These regulations may not be the most recent version. Georgia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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