PURPOSE: The purpose of this rule is to prouide a standard procedure for the apprehension, detention, and ramcation of children in aftercare.

1. (1) The director, at any time after the child is placed in aftercare and before order of discharge is issued, may order the child’s apprehension without notice to the child by the issuance of a warrant for his/her apprehension and detention. Any aftercare counselor assigned to supervise children in after. care, or any other employee designated by the director, may apprehend a child without a warrant or may issue such warrant to law enforcement officials, when in the judgment of the aftercare counselor, the child 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 child may flee the jurisdiction of the division. When the child is detained, the counselor shall present to the detaining authority a statement of the circumstances of 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 preliminary hearing to determine if there is reasonable cause to believe that the child has violated an aftercare condition.

   CODE OF STATE RfClJLATlONS

   Division llO-Division of Youth Services

   1. (A) At no time shall the hearing officer be the child’s aftercare counselor assigned to supervise the child. Any other aftercare counselor or supervisoi may act in this capacity, except that the designation as the hearing officer of a supervisor giving direct supervision to tha counselor assigned to supervise the juvenile should be avoided.
   1. (B) The preliminary hearing shall be an informal inquiry and shall be held promptly and reasonably near the place of violation or detention.
   2. (C) The child and his/her parent or guardian, or the person with whom the child has been placed or other responsible adult, 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 child is in violation of the conditions of aftercare supervision and aftercare supervision should be revoked.
   3. (D) At the hearing, the child, his/her parent or guardian or responsible adult and legal counsel, if any, may appear and speak in the child’s behalf. They may bring and present documents and other evidence relating to the allegation against the child. They may present witnesses in his/her behalf, but testimony of the witnesses must be relevant to the alleged violation. The child may request that persons, who have given evidentiary testimony on which the allegation is based, be made available for questioning in his/her 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, s/he may excuse the informant from confrontation or cross-examination by the child, his/her parents, guardian, responsible adult or counsel.
   4. (E) The hearing officer shall make a summary or digest of the hearing including an explanation of the evidence presented by the child and by the aftercare counselor. Based on the information before him/her, the officer will determine whether there is probable cause to hold the child for the final decision of the director on revocation of aftercare supervision.
   5. (F) A determination that probable cause exists is sufficient to warrant the child’s continued detention and s/he shall be returned to an institution or facility of the Division of Youth Services pending the final decision.
   6. (G) If the hearing officer does not find probable cause to revoke aftercare supervision, the child will be returned to active aftercare supervision. Further conditions for supervision may be imposed on the child if the hearing officer believes they are justified.

3. (3) Dispositional Hearing or Review. If the child is returned to an institution or facility of Division of Youth Services, s/he and

   Roy D. Blunt LCRbIY a, state

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 child, his/her parent or guardian does not petition for such a dispositional hearing! the director, or his/her designee, will rewew the findings of the hearing officer at probable cause hearing and other pertinent case material and will then make a final disposition of the recommmendation for revocation of aftercare supervision. (A) If the child, 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 child resides within thirty (30) days of the receipt of the written request for a hearing. (B) The child, 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 child. The division of youth services shall not bear the cost or expenses of witnesses or attorneys requested by the child, his/her parent or guardian. (C) The individual conducting the dispositional hearing shall deliver his/her decision in writing to the child, 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.

Auth: sections 219.036 and 219.051, RSMo (1986). Original rule filed Dec. 30, 1975, effective Jan. 9,1976.