Code of Massachusetts Regulations
109 CMR - DEPARTMENT OF YOUTH SERVICES
Title 109 CMR 8.00 - THE GRANTING AND REVOCATION OF CONDITIONAL LIBERTY FOR YOUTH COMMITTED TO THE DEPARTMENT OF YOUTH SERVICES
Section 8.11 - Disposition Options

Universal Citation: 109 MA Code of Regs 109.8

Current through Register 1531, September 27, 2024

(1) Where a Hearing Officer finds, by a preponderance of the evidence, that a youth has violated his or her Conditional Liberty Agreement, the Officer shall order revocation of the youth's conditional liberty.

(2) Where a Hearing Officer finds that the evidence does not support a finding that the youth has violated his or her Conditional Liberty Agreement, the Officer shall order the youth released from a Secure Placement and returned to the District or Regional Office for further placement and/or planning.

(3) When Hearing Officer finds that a violation has been substantiated, the Hearing Officer may order any of the following:

(a) Immediate return of the youth to the community under continued supervision.

(b) Placement of the youth in a Secure Placement for a period of time between one and 120 days.

(c) Referral of the matter to the Regional Review Team for consideration of treatment longer than 120 days.

(d) Other reasonable alternatives in the best interest of the youth.

(4) In determining the appropriate disposition, the Hearing Officer shall consider:

(a) The youth's committing charge, level of community supervision and assessed risk;

(b) The potential disruption of community services and supports the youth is demonstrably engaged in; and

(c) The purpose of the return to secure placement and whether such goals for the youth can be accomplished in community setting.

(5) Where the disposition entered is referral to the RRT for consideration, the youth shall be afforded an opportunity to be heard by the RRT regarding the appropriate length of treatment. The RRT shall issue a written decision referencing the information considered by the RRT and providing the rationale for the RRT's decision, within two business days of hearing the youth's case, which is to be provided to the youth, his or her legal guardian, and his or her attorney of record. Accompanying the decision shall be information regarding the youth's right to appeal and the requirements regarding appeals outlined in 109 CMR 8.12.

(6) Notwithstanding the provisions of 109 CMR 4.00: Classification of Youth Committed to the Department of Youth Services and 8.00, any youth whose conditional liberty has been revoked, who assaults a Department or Provider staff or another resident, or otherwise engages in behavior that jeopardizes his or her safety or that of any other person, may be brought before the Hearing Officer who revoked his or her conditional liberty for reconsideration of the disposition imposed. A youth facing reconsideration of his or her revocation disposition shall be afforded the following:

(a) Prompt notice of the request for reconsideration, including notice to the revocation counsel of record;

(b) Disclosure of, and a meaningful opportunity to review, evidence relied upon by the Department in seeking reconsideration.

(c) An opportunity to be heard regarding this evidence by the Hearing Officer who issued the disposition;

(7) Should the Hearing Officer find, by a preponderance of the evidence, that the circumstances warrant a reconsideration of a change of disposition, the Hearing Officer shall enter a new disposition consistent with the options outlined in 109 CMR 8.11(3) and provide a decision consistent with 109 CMR 8.11(4).

(8) Such reconsideration and new disposition shall be subject to appeal as outlined in 109 CMR 8.12.

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