PURPOSE: The purpose of this rule is to provide guidelines for the implementation ofprocedures to be followed in the revocation of aftercare superuision and return of youth to an institution or facility.

1. (1) Apprehension and Detention. Whenever a youth in aftercare is apprehended and detained pending further inquiry into alleged violation(s) of the conditions of aftercare supervision, his/her apprehension and detention will be effected in accordance with the Division of Youth Services (DYS) rules governing these matters. Arrangements will be made for the preliminary hearing, to be held at the earliest reasonable time at or near his/her

   Roy D. Blunt sscraataly Of SW9

place of detention or the home community, to determine if there is probable cause to b&eve that the youth is in substantial violation of the conditions of aftercare supervision and is in need of return to the DYS facility as an aftercare violator. The child and his/her parent or guardian shall be promptly notified of the alleged violations and of the time and place of the hearings (DYS Form RAS-13, see appendix i).

1. (2) Initiation of Probable Cause Hearing. Ordinarily the supervising aftercare youth conselor (AYC) will request the probable cause hearing when, in his/her own opinion, the youth in aftercare is considered to be in violation of the conditions of his/her placement and revocation is recommended. It is not necessary to place the child in detention prior to scheduling a probable cause hearing. Whether or not the youth is apprehended and detained depends upon the judgment of the aftercare counselor as to whether or not his/her presence in the community is considered dangerous to him/herself or to others in the community or the child might flee from Division of Youth Services jurisdiction.

2. (3) Disposition of Alleged Law Violation. Upon being advised that a youth in aftercare is being held subject to a court for an alleged commission of a new offense, which would also be a violation of the conditions of aftercare supervision, the supervising AYC or the supervisor will contact the court or a staff member of the court authorized to make decisions in these matters to determine whether the alleged violator is to be handled administratively by the division or is to be handled judicially by the court. The division and/or the court may request the law violation to be handled judicially, if in the opinion of the court or DYS the child is no longer considered amenable to treatment as a juvenile.

   1. (A) If it is decided that judicial action is appropriate, no further action will be taken by the division until the court has made disposition.
   2. (B) If it is mutually agreed upon by the aftercare youth counselor or his/her super. visor and the court representative that the matter should be handled through the divi. sion’s revocation processes, proceedings will ‘be initiated promptly in accordance with the division’s established revocation procedure. This agreement will be verified in writing with the court by the AYC.

   3. (C) In determining whether or not a youth is in violation of the conditions of the placement as aresult ofthenewlawviolation,,when the youth denies his/her involvement m the law violation, a thorough investigation by the 13 CSR 110-3 ,

      =a

supervising AYC should be made concerning the allegation and the probable cause hearing officer will need to determine whether or not a preponderance of information indicated that there has been a law violation. This holds true equally in regard to any allegation of violation of aftercare conditions. Since the youth does have a right to confront his/her accusers even though the allegation of law violation may be based upon a comprehensive police report, the youth should have a chance to question the officer making thereport and the officer should have an opportunity to confirm statements which s/he has made. If further witnesses are needed, they should be requested to attend the hearing; howeve~,ifitisfeltthatthewitnesses’ safety would be Jeopardized by being present at the hearing, their presence will not be solicited.

1. (4) Legal Representation. Ifthe youth, his/her parents or guardian wish to have their attorney present they should be advised that they are free to do so, however, the attorney should be advised that this is not a judicial hearing, that it is administrative procedure and informal in nature. The division is required to see that a child is represented by an attorney only if it is felt that the child and/or his/her parent or guardian is incapable of understanding the consequences of the procedure and would be incapable of presenting information in the youth’s behalf. If the hearing officer is of the opinion that the counsel is needed and is not otherwise available to the youth, the hearing officer should immediately inform the special services administrator.
2. (5) Presence of Parent or Guardian. It is considered important that a parent or guardian be present at the probable cause hearing. If this is not feasible, arrangements should be made for some responsible adult, who would have an interest in the youth being dealt with fairly, to be present at the hearing.
3. (6) Notice of Preliminary Hearing. The DYS Form RAS-13, “Notice of Probable Cause Hearing,” contains a statement advising the child and his/her parent or guardian that the probable cause hearing is a fact-finding hearing, that the youth will be asked to participate. It cautions the youth that the information given may be held against him/her in determining whether or not s/he is to be returned to a DYS facility or possibly in a court of law. Also it advises him/her that s/he will not be forced to give any information if s/he does not wish to do so. It is considered that this is sufficient warning for the purpose of the hearing since this is not a judicial hearing, but rather an administrative hearing. 13CSRllO-3-SOCIALSERVICES
4. (7) New Information. In the event new information develops during the course of the Probable Cause Hearing which would implicate the youth in further violations of the conditions of his/her placement and where these violations would adversely affect the decisions of the hearing officer, that is, probable cause would not be found without the new information, either a second probable cause hearing should be scheduled in which the youth should have an opportunity to prepare to respond to the new allegations or s/he should sign a statement waiving his/her right to a second probable cause hearing. The parent, guardian or responsible adult should also sign the statement. The allegations as contained in the RAS-13, “Notice of Probable Cause Hearing,” as well as the RAS-14, “Summary Report of Probable Cause Hearing,” should cite the specific conditions or rules of aftercare which have been violated and the date and allegations which are in violation of the particular condition(s) of aftercare supervision.
5. (8) Summary Report- RAS-14 “Summary Report of Probable Cause Hearing”. This summary report shall be prepared within five

6. (5) days following the hearing. This summary report should be complete enough to give the reader an understanding of the information leading to the finding of the hearing officer, and if revocation is recommended, the report should include the reasons why the recommendation of revocation is being made. It should include information to show why the child should not continue in the community, hut needs to be returned to a facility for further treatment. treatment.

   1. (A) If probable cause is not found, the (A) If probable cause is not found, the hearing officer or the supervising AYC should hearing officer or the supervising AYC should promptly arrange for the child to be released promptly arrange for the child to be released (if detained) and returned to active aftercare (if detained) and returned to active aftercare supervision.
   2. (B) Where probable cause is found, the child should promptly he returned to the DYS facility (DYS Form RAS-14, see appendix ii).
7. (9) Notice of Right to Dispositional Hearing. When a child is returned to an institution or afacilityfollowingtheprohablecausehearing, s/he should promptly he given an RAS-15, “Notice of Right to Dispositional Hearing.” This form contains a statement for the youth’s signature indicating that s/he either requests or does not request the dispositional hearing. A copy of this form is sent to the parent or guardian. To each copy, one (1) given to the youth and one (1) forwarded to the parent or guardian, there should be attached a copy of the RAS-14, the “Summary Report of the Probable Cause Hearing.” It is expected that the copy bearing the child’s signature, and indicating his/her request regarding the hearing, will be mailed to central office by the facility within ten (10) days after the youth’s return (DYS Form RAS-15, see appendix iii).
8. (10) Disposition.Ifthechildorhis/herparents or guardian do not petition for a dispositional hearing, the dispositional hearing officer will make duposition for the recommendation for revocation after reviewing all the information submitted on the matter.
9. (11) Dispositional Hearing. A request for a hearing made by a child! his/her parent or guardian will result in a dupositional hearing being conducted within thirty (30) days of receipt of the request at the division’s central office. The child, his/her parent, guardian, pertinent witnesses (if any) and the child’s legal counsel (if any is known to the division) will be notified of the time and place of the dispositional hearing.

10. (12) Report of Dispositional Hearing. Within five (5) days after the dispositional hearing, the hearing officer will deliver a decision and prepare a summary report of the hearing. Copies of this report will be supplied to the parent or guardian and to the child. If in the opinion of the dispositional hearing officer, there is not sufficient basis for revocation, either as a result ofthehearing, orofthereview when a hearing is not conducted, the dispo. sit&al hearing officer is authorized to have the child returned to active aftercare supertision. If the hearing officer determines that there is a preponderance of information to indicate aftercare supervision should be revoked, the supervision will be terminated and the youth will be assigned to an appropriate facility for further care and treatment.

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

    Appendix i

RAS-13 Notice Of Probable Cause Hearing To: Date: -

Aftercare Youth Counselor alleges that you have violated the conditions of aftercare supertision as follows:

i: 3.

CODEOFSTATE REGULATIONS

Division IlO-Division of Youth Services

A Probable Cause Hearing to determine if you have violated your aftercare conditions scheduled on: at am/pm at

Failure to appear for this Hearing will he sufficient cause for-your apprehension and detention to assure a Probable Cause Hearing. This will be a fact finding hearing in which you will be asked to participate. The information you give may he held against you in determining whether or not you are to be returned to a DYS facility. You will not he forced to give information if you do not wish to do so.

Regional Supervisor

PARENT OR GUARDIAN NOTE: As parent/guardian, you are urged to attend this hearing.

Prepare 4 copies 1 to Juvenile 1 to Parent or Guardian 1 to Aftercare Counselor for file 1 to Central Office for file

Appendix ii

RAS-14

PROBABLE CAUSE HEARING (Fact Finding)

Date: Re:

Institution and numher

Place:

Time:

Allegations: 1.

i: Witnesses for Youth Present at Hearing:

;: 3. Documents Presented in Evidence: 1.

i:

Roy 0. Blunt secretary at sate

Record of Proceedings and Summary: (Attach a second page if additional space is needed.) Prepare Four (4) copies 2 to central Office 1 to Parent Institution or facility 1 to Aftercare Counselor for file

Appendix iii

RAS-15 Notice of Right to Dispositional Rearing To: From: It has been determined that probable cawe exists that you have violated conditions of your placement in aftercare and you have been returned to UPOIl a recommendation issued on (date).

YOU or your parent or guardian have the right to request a hearing by the Director or his/her designated representative before the decision is made to revoke Aftercare Super+ slon.

The following rules govern this revocation hearing:

1. I. You will have five (5) days to respond advising the Director that a final hearing is requested. You will have an additional five (5) days to prepare for the hearing. Additional time may be permitted upon request. Failure to respond within the 5.day period will be considered as a waiver of your right to a hearing, but an administrative review of the recommendation to revoke will be conducted by Division of Youth Services.

2. 2. If a final hearing is requested, you will be given a. written notice of time and place . of hearing.

   1. 3. You will appear in person and you may be represented by counsel.

3. 4. YOU may present witnesses and letters or other documents.

   1. 5. You may request the appearance of witnesses who havepiven adverseinformation about you.

   2. 6. After the hearing you will be given a written statement as to the evidence relied won the reasons for the decision made at the h&ring. Expenses of witnesses and counsels may not be paid by the state. Attached is a copy of the Summary Report of the Probable Cause Hearing (RAS-14).

      Roy cl. Blunt I..r.tary Of St& 13 CSR 110-3 , @b

      1. (3) Staff Prejudice. If in the implementation

This notice was given to you on the date and of this procedure, a staff member practices time shown below: prejudice against the youth who has filed the Date: grievance and this prejudice is found to be a Signature result of the youth’s complaint, the staff Th?: member concerned shall be subject to imme diate dismissal. Title Auth: section 219.051.(1), RSMo U986). 0 I request a dispositional hearing Original rule filed Dec. 30,1975, effectiue Jan. 9,1976. q I do not request &spositional hearing

Signature of youth/parent/guardian

Prepare 5 copies 1 to Juvenile I to parent or guardian 1 to Central office 1 to Institution 1 to AYC