New York Codes, Rules and Regulations
Title 9 - EXECUTIVE DEPARTMENT
Subtitle E - Office of Children and Family Services
Part 169 - Release And Return
Section 169.4 - Notice of hearing, statement of allegations and return to custody

Universal Citation: 9 NY Comp Codes Rules and Regs ยง 169.4

Current through Register Vol. 46, No. 12, March 20, 2024

When the director of community services bureau determines that it is in the best interest of the child and/or the community that the child should be returned to the division's facility program for further treatment, the following procedure should be followed:

(a) Documentation of the grounds upon which the recommendation that release be revoked shall be forwarded to the office of the counsel of the division with a request that a revocation hearing be held.

(b) Counsel's office shall prepare a notice of hearing which shall include a statement describing the allegations upon which the hearing will be based and a warrant for apprehension of the released child to be used at the discretion of the director of community services.

(c) The notice of hearing shall state in writing the rights of the releasee to a hearing, including the right of each party to be represented, to testify, to produce witnesses, to present documentary evidence, to examine opposing witnesses to the extent necessary to assure that the hearing officer is accurately informed of the facts and to examine evidence.

(d) The notice of hearing shall be forwarded to the director of community services who shall arrange for an employee, designated by the division, to apprehend the releasee named in the notice of hearing and have said releasee returned to the custody of the division. However, where it is the opinion of the director of community services that there are reasonable grounds to believe the child would appear at the time and place of hearing without being taken into custody, the child shall be left in the community.

(e) Copies of the notice of hearing shall be served by mail upon releasee, parents of the releasee, the releasee's legal counsel as soon as he is identified, and the hearing officer who shall conduct the revocation hearing.

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