Revocation of Aftercare Supervision

PURPOSE: The purpose of this rule is to provide a standard procedure for the apprehension, detention, and revocation of youth on aftercare. (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. (3) Director’s Hearing or Review. If the youth is returned to a facility of DYS, the youth and his/her parent(s) or guardian(s) will be given an opportunity to petition on a form provided by the division for a director’s hearing prior to the final decision on revocation of aftercare supervision by the director or his/her designated representative. If the youth or his/her parent(s) or guardian(s) do not petition for a director’s hearing, the director, or the director’s designee, will review the findings of the revocation hearing and other pertinent case material and will then make a final decision regarding the recommendation for revocation of aftercare supervision. (A) If the youth or his/her parent(s) or guardian(s) petition for a director’s hearing, the director, or the director’s designee, shall convene a hearing at the facility where the youth resides within thirty (30) days of the receipt of the written request for a hearing. (B) The youth or his/her parent(s) or guardian(s) shall have the right to be represented by counsel, call and question witnesses, and cross-examine those witnesses appearing against the youth. DYS shall not bear the cost or expenses of witnesses or attorneys requested by the youth or his/her parent(s) or guardian(s). This is an informal inquiry. The rules of evidence and right to subpoena witnesses do not apply. (C) The individual conducting the director’s hearing shall deliver the decision in writing to the youth or his/her parent(s) or guardian(s) within fifteen (15) days of the close of the director’s hearing. The decision shall clearly set forth the evidence presented, a summary of the testimony elicited, and the findings, conclusion, and decision of the individual conducting the hearing. AUTHORITY: sections 219.016, 219.036, and 660.017, RSMo 2016.* Original rule filed Dec. 30, 1975, effective Jan. 9, 1976. Amended: Filed Feb. 10, 2000, effective Aug. 30, 2000. Amended: Filed Sept. 27, 2018, effective May 30, 2019. *Original authority: 219.016, RSMo 1975, amended 1993, 1995; 219.036, RSMo 1975, amended 1993; and 660.017, RSMo 1993, amended 1995.