Current through Register Vol. 49, No. 6, March 15, 2024
PURPOSE: This amendment changes the chapter title to
updated terminology. It updates outdated terminology in section (1), updates
section (2) and subsection (2)(B) to change the term Preliminary Hearing to the
current terminology title of Revocation Hearing, and adds that rules of
evidence and right to subpoena do not apply. It also updates outdated
terminology in subsections (2)(C)-(F) and in section (3) and subsections
(3)(A)-(C). It also adds in subsection (3)(B), that the hearing is an
information process and that rules of evidence and right to subpoena witnesses
do not apply. The amendment also changes, in section (3) the terminology of
dispositional hearing to director's hearing and in subsection (3)(C), the
requirement to deliver the written decision of the director's hearing from;
within five (5) days of the close of the director's hearing to; within fifteen
(15) days of the close of the director's hearing to allow the hearing officer
additional time for review before making their decision.
(1) The director, at any time after the youth
is placed in aftercare and before order of discharge is issued, may request the
apprehension and detention of the youth by law enforcement without notice to
the youth. Any service coordinator assigned to supervise youth in aftercare, or
any other employee designated by the director, may apprehend a youth without a
warrant or may issue such warrant to law enforcement officials, when in the
judgment of the service coordinator, the youth has violated the conditions of
his/her placement and his/her presence in the community is considered dangerous
to him/herself or to the community, or when the youth may flee the jurisdiction
of the division. When the youth is detained, the service coordinator shall
present to the detaining authority a statement of the circumstances of the
violation.
(2) Revocation Hearing.
Whenever revocation of aftercare is to be considered, an employee of the
aftercare services of the Division of Youth Services (DYS) shall hold a
revocation hearing to determine if there is reasonable cause to believe that
the youth has violated an aftercare condition.
(A) At no time shall the hearing officer be
the youth's service coordinator assigned to supervise the youth. Any other
service coordinator or supervisor may act in this capacity, except that the
designation as the hearing officer of a supervisor giving direct supervision to
the service coordinator assigned to supervise the youth should be
avoided.
(B) The revocation hearing
is an informal inquiry. The rules of evidence and right to subpoena do not
apply. The hearing is to be held promptly and reasonably near the place of
violation or detention.
(C) The
youth and his/her parent(s) or guardian(s), or the person with whom the youth
has been placed, or other responsible adult, as well as a victim who has
requested notification per 595.209, RSMo, shall be given notice that the
hearing will take place and that the purpose of the hearing is to determine
whether there is reasonable cause to believe that the youth is in violation of
the conditions of aftercare supervision and aftercare supervision should be
revoked.
(D) At the hearing, the
youth, his/her parent(s) or guardian(s), or a responsible adult, and legal
counsel, if any, may appear and speak in the youth's behalf. They may bring and
present documents and other evidence relating to the allegation against the
youth. They may present witnesses in victim's behalf, but testimony of the
witnesses must be relevant to the alleged violation. The youth may request that
persons, who have given evidentiary testimony on which the allegation is based,
be made available for questioning in the youth's presence at the hearing;
however, if the hearing officer determines that the informant would be subject
to risk or harm if his/her identity were disclosed, the hearing officer may
excuse the informant from confrontation or cross-examination by the youth,
his/her parent(s) or guardian(s), responsible adult, or counsel.
(E) The hearing officer shall prepare a
written summary of the hearing including an explanation of the evidence
presented by the youth and by the service coordinator. Based on the information
before him/her, the hearing officer will determine whether there is reasonable
cause to revoke the youth's aftercare supervision.
(F) A determination that reasonable cause
exists is sufficient to warrant the youth's continued detention and the youth
shall be returned to a facility of the Division of Youth Services.
(G) If the hearing officer does not find
reasonable cause to revoke aftercare supervision, the youth will be returned to
active aftercare supervision. Further conditions for supervision may be imposed
on the youth.
(3)
Director's Hearing or Review. If the youth is returned to a facility of DYS,
the youth and his/her parent(s) or guardian(s) will be given an opportunity to
petition on a form provided by the division for a director's hearing prior to
the final decision on revocation of aftercare supervision by the director or
his/her designated representative. If the youth or his/her parent(s) or
guardian(s) do not petition for a director's hearing, the director, or the
director's designee, will review the findings of the revocation hearing and
other pertinent case material and will then make a final decision regarding the
recommendation for revocation of aftercare supervision.
(A) If the youth or his/her parent(s) or
guardian(s) petition for a director's hearing, the director, or the director's
designee, shall convene a hearing at the facility where the youth resides
within thirty (30) days of the receipt of the written request for a
hearing.
(B) The youth or his/her
parent(s) or guardian(s) shall have the right to be represented by counsel,
call and question witnesses, and cross-examine those witnesses appearing
against the youth. DYS shall not bear the cost or expenses of witnesses or
attorneys requested by the youth or his/her parent(s) or guardian(s). This is
an informal inquiry. The rules of evidence and right to subpoena witnesses do
not apply.
(C) The individual
conducting the director's hearing shall deliver the decision in writing to the
youth or his/her parent(s) or guardian(s) within fifteen (15) days of the close
of the director's hearing. The decision shall clearly set forth the evidence
presented, a summary of the testimony elicited, and the findings, conclusion,
and decision of the individual conducting the hearing.
*Original authority: 219.036, RSMo 1975, amended 1993;
219.051, RSMo 1995.
