PURPOSE: The purpose of this rule is to provide a standard procedure for the apprehension, detention, and revocation of youth on aftercare.

1. (1) The director, at any time after the youth is placed in aftercare and before order of discharge is issued, may order the youth’s apprehension without notice to the youth by the issuance of a warrant for his/her apprehension and detention. 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. (2) Preliminary Hearing. Whenever revocation of aftercare is to be considered, the staff of the aftercare services of the Division of Youth Services (DYS) shall hold a preliminary hearing to determine if there is reasonable cause to believe that the youth has violated an aftercare condition.

   1. (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.
   2. (B) The preliminary hearing shall be an informal inquiry and shall be held promptly and reasonably near the place of violation or detention.
   3. (C) The youth and his/her parent or guardian, or the person with whom the youth has been placed or other responsible adult, as well as the victim’s rights respondent shall be given notice that the hearing will take place and that the purpose of the hearing is to determine whether there is probable cause to believe that the youth is in violation of the conditions of aftercare supervision and aftercare supervision should be revoked.
   4. (D) At the hearing, the youth, his/her parent or guardian or 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 parents, guardian, responsible adult or counsel.
   5. (E) The hearing officer shall make a 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 probable cause to revoke the youth’s aftercare supervision.
   6. (F) A determination that probable cause exists is sufficient to warrant the youth’s continued detention and s/he shall be returned to a facility of the Division of Youth Services.
   7. (G) If the hearing officer does not find probable 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. (3) Dispositional Hearing or Review. If the youth is returned to a facility of DYS, the youth and his/her parents or guardian will be given an opportunity to petition on a form provided by the division for a dispositional hearing prior to the final decision on revocation of aftercare supervision by the director or his/her designated representative. If the youth, his/her parent or guardian does not petition for such a dispositional hearing, the director, or his/her designee, will review the findings of the hearing officer at probable cause hearing and other pertinent case material and will then make a final disposition of the recommendation for revocation of aftercare supervision.

   1. (A) If the youth, his/her parent or guardian shall petition for a dispositional hearing, the director, or his/her designee shall convene a hearing at the institution where the youth resides within thirty (30) days of the receipt of the written request for a hearing.
   2. (B) The youth, his/her parent or guardian shall have the right to be represented by counsel, call and question witnesses and crossexamine those witnesses appearing against the youth. DYS shall not bear the cost or expenses of witnesses or attorneys requested by the youth, his/her parent or guardian.
   3. (C) The individual conducting the dispositional hearing shall deliver his/her decision in writing to the youth, his/her parent or guardian within five (5) days of the close of the dispositional hearing. The decision shall clearly set forth the evidence presented, a summary of the testimony elicited and the decision of the individual conducting the hearing.

AUTHORITY: sections 219.036 and 219.051, RSMo 1994.* Original rule filed Dec. 30, 1975, effective Jan. 9, 1976. Amended: Filed Feb. 10, 2000, effective Aug. 30, 2000. *Original authority: 219.036, RSMo 1975, amended 1993; 219.051, RSMo 1995.