Notice of Violation and Right to Hearing

(1) Upon being placed in a secure placement, a youth shall be promptly informed of the alleged violations of his or her Conditional Liberty Agreement and all rights available to him or her by either District Office or Program Staff. Youth shall be afforded access to counsel, either appointed by the Committee for Public Counsel Services or privately retained, and shall be provided the following documentation directly or through counsel: (a) Documentation of and regarding the alleged violations; (b) Copies of his or her treatment and service delivery plans; (c) Documentation regarding his or her history of prior revocation violations and dispositions; (d) Any other documents or evidence the Department intends to rely on in support of the revocation; (e) Any additional documentation the youth requests from his or her Department case file in order to assist in his or her defense. (2) The documentation and evidence described in 109 CMR 8.07 shall be provided at least two business days prior to the scheduled hearing. (3) In the event that a youth engages in actions that harm or are intended to harm persons or property while awaiting his or her revocation hearing that demonstrate an emergent treatment concern, such that the actions will be offered for consideration in disposition of the revocation, the Caseworker shall provide the youth directly, or through counsel, any evidence, including documents and video footage, to be offered at the hearing regarding the youth's actions, as soon as reasonably practicable, prior to the hearing.