Missouri Code of State Regulations › Title 13 - DEPARTMENT OF SOCIAL SERVICES › Division 110 - Division of Youth Services › Chapter 3 - Case Management › Section 13 CSR 110-3.040 - Revocation of Aftercare Supervision

Current through Register Vol. 49, No. 14, July 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 It updates outdated terminology in section (1), updates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 It also updates outdated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.