505 KAR 1:090.
Supervised placement revocation.
RELATES TO: KRS
605.090, 635.100
STATUTORY
AUTHORITY: KRS 605.150, 635.095, 635.100(6)
NECESSITY,
FUNCTION, AND CONFORMITY: KRS 635.090 and 635.100(6) authorize the Department
of Juvenile Justice to promulgate administrative regulations relating to
juveniles committed to the department and placed on supervised placement. This
administrative regulation establishes the procedures for revocation of
supervised placement.
Section 1.
Definitions. (1) "Commissioner’s warrant" means a document issued by
the department directing that a juvenile be taken into custody, pursuant to KRS
635.100.
(2) "Safety
concern" means behavior that places the juvenile or community at risk for
physical injury.
(3)
"Supervised placement revocation hearing" means a hearing conducted
by a hearing officer to determine if conditions of supervised placement have
been violated.
Section 2. Request
for Supervised Placement Revocation. (1)(a) A juvenile that is arrested or
charged with commission of a felony offense shall:
1. Be considered a
risk to the community; and
2. Have supervised
placement revocation initiated by the assigned juvenile services worker.
(b) If the
juvenile services worker knows of extenuating circumstances related to the
juvenile's behavior or the offense, they may request through the chain of
command that the juvenile services regional manager authorize the noninitiation
of revocation proceedings.
(2) In the case of
a youth requiring immediate placement as a result of safety concern:
(a) The juvenile
services worker shall prepare and forward a supervised placement violation
report and a written statement supporting the request for the issuance of a
commissioner’s warrant to his juvenile services district supervisor.
(b) If in
agreement with the juvenile services worker’s assessment, the juvenile services
district supervisor shall forward the request to the juvenile services regional
manager who, if in agreement, shall issue a commissioner’s warrant and shall
forward the request to the Division of Program Services.
(c) The juvenile
services worker shall immediately notify the Division of Program Services when
the commissioner’s warrant is executed and forward a copy of the executed
document to the Division of Program Services.
(d) The Director
of the Division of Program Services, or designee, shall, upon receipt of a
request for immediate placement, contact the Centralized Intake/Classification
Branch Manager and inform her of the pending action and, upon notice that the
juvenile has been taken into custody, shall:
1. Schedule a
probable cause hearing within five (5) days, excluding weekend and holidays, of
the youth being taken into custody, unless a continuance is requested by the
juvenile or his attorney;
2. In writing,
notify the juvenile, his parents or other person exercising custodial control
of the specific conditions of supervised placement allegedly violated and
forward a copy of the notification letter to appropriate department personnel;
3. Notify the
juvenile, his parents or other person exercising custodial control of his right
to be represented by counsel;
4. Forward a copy
of the notification letter to the last attorney of record, counsel for the
juvenile, or the Department of Public Advocacy, as appropriate;
5. Notify the
juvenile, his parents or other person exercising custodial control, attorney
and the juvenile services worker of the time and location of the hearing; and
6. Conduct the
hearing.
(e) The juvenile
services worker, or current custodian of the juvenile, shall ensure that a copy
of the notification letter signed by the juvenile is returned to the Division
of Program Services.
(f) The juvenile
services worker or the juvenile services district supervisor shall be
responsible for presenting the case against the juvenile at the probable cause
hearing. If the evidence presented includes documents, a copy of each document
shall be given to the hearing officer for inclusion in the record and to the
juvenile or his attorney.
(g) The probable
cause hearing shall:
1. Be limited to a
determination as to whether there is probable cause to believe that the
juvenile violated any terms of the conditions of supervised placement, which
may be proven by hearsay evidence, and whether there is a safety concern;
2. Have attendance
limited to the juvenile, parents or other person exercising custodial control,
legal counsel, department personnel, and witnesses as necessary;
3. Be conducted
informally; and
4. Be mechanically
recorded by the hearing officer.
(h) At the
probable cause hearing, the juvenile shall have a right to:
1. Testify or
refuse to testify in his own behalf;
2. Examine and
cross-examine witnesses; and
3. Present
evidence negating the determination of probable cause.
(i) At the conclusion
of the probable cause hearing, the hearing officer shall:
1. Summarize the
allegations and evidence presented and issue a decision determining whether
there is probable cause to believe the juvenile has violated a condition of
supervised placement;
2. If probable
cause is found, determine whether there is probable cause to believe a safety
concern exists that requires that the juvenile remain in custody; and
3. If probable
cause has been established, provide immediate notice to the juvenile services
regional manager, or designee, and the Division of Program Services.
(j) Upon receipt
of notice that probable cause has been established, the Director of the
Division of Program Services shall assign a hearing officer to conduct the
revocation hearing.
(k) If probable
cause is not established, the juvenile shall be immediately released from
custody and the juvenile services worker shall make arrangements for the
juvenile to continue on supervised placement.
(l) If probable
cause is established but a safety concern is not present, the juvenile shall be
released from custody and the proceeding shall continue pursuant to Section (3)
of this section.
(3) In the case of
a juvenile not requiring immediate placement as a result of safety concerns:
(a) The juvenile
services worker shall prepare and forward a supervised placement violation
report and revocation hearing request to the juvenile services district
supervisor.
(b) If in
agreement with the juvenile services worker’s assessment, the juvenile services
district supervisor shall forward the request to the juvenile services regional
manager who, if in agreement, shall forward the request to the Director of the
Division of Program Services, or designee. An out-of-home placement packet
shall be forwarded by the Court/Placement Specialist to the Centralized Intake/Classification
Branch.
(c) The Director
of the Division of Program Services shall assign a hearing officer to conduct
the revocation hearing.
Section 3.
Revocation Hearing. (1) The revocation hearing shall:
(a) For a juvenile
in custody on a commissioner’s warrant, be held within ten (10) days, excluding
weekends and holidays, of the probable cause hearing, unless a continuance is
requested by the juvenile or his attorney; and
(b) Be conducted
by the assigned hearing officer.
(2) The hearing
officer for the supervised placement revocation hearing shall:
(a) Notify the
juvenile and his parents or other person exercising custodial control of the
specific conditions of supervised placement allegedly violated and their right
to be represented by counsel;
(b) Notify the
juvenile, his parents or other person exercising custodial control, legal
counsel, and department staff of the time and location of the hearing;
(c) Notify
department staff that they shall, upon written request, provide copies of all
revocation documents to the juvenile’s attorney within five (5) working days of
receipt of the request;
(d) Conduct the
revocation hearing;
(e) Open the
hearing by reading the terms of supervised placement allegedly violated, which
shall set the parameters of the hearing;
(f) Administer the
oath and take testimony from witnesses;
(g) Allow all
parties to establish pertinent facts and circumstances relative to the
allegations, bring witnesses, present evidence and question or refute any
testimony or evidence presented, including the opportunity to cross-examine
witnesses;
(h) Mechanically
record the hearing;
(i) Based on a
preponderance of the evidence presented at the hearing, determine whether the
juvenile violated one (1) or more terms of his supervised placement; and
(j) Submit written
findings of fact and a recommendation regarding revocation to the regional
division director and the juvenile’s attorney within three (3) working days of
the conclusion of the hearing.
(3) The juvenile
services worker or the juvenile services district supervisor who requested the
hearing shall be responsible for presenting the department’s case at the
hearing. The juvenile services worker shall provide copies of documentation
supporting the revocation request for entry into the record as evidence and
shall be prepared to offer a recommendation as to appropriate treatment or
sanctions. If the juvenile services worker plans to call witnesses to testify,
it shall be the worker’s responsibility to have the witnesses present for the
hearing.
(4) If the hearing
officer has determined that a violation has occurred, the regional division
director, or designee, shall make the final decision regarding the results of
the revocation hearing. Options may include the following:
(a) If the hearing
officer determined that a condition of supervised placement has been violated
and revocation is warranted, a decision may be made for out-of-home placement.
(b) If the hearing
officer determined that a condition of supervised placement has been violated,
the division director may determine that revocation is not warranted and permit
the juvenile to remain in the community on supervised placement. If the
juvenile remains in the community, the juvenile services worker shall prepare
revised conditions of supervised placement, with increased sanctions, within
five (5) calendar days from the receipt of the revocation hearing decision.
Failure by the juvenile to abide by the revised conditions may result in a
request for supervised placement revocation.
(5) If the hearing
officer has determined that the juvenile did not violate a condition of
supervised placement, the juvenile shall remain on supervised placement.
(6) The regional
division director, or designee, shall cause a decision letter to be sent by
certified mail, return receipt requested, to the juvenile, the parents or other
person exercising custodial control, and the juvenile’s attorney within five
(5) working days of receipt of the hearing officer’s findings of facts. The
decision letter shall be copied to appropriate department staff. The decision
letter shall contain:
(a) Specific
conditions of supervised placement violated;
(b) Evidence
relied upon in making the final decision; and
(c) The final
decision.
(7) If supervised
placement is revoked, the juvenile shall be advised that a decision concerning
treatment and placement shall be rendered by the Centralized
Intake/Classification Branch Manager.
(8) A juvenile who
has remained in custody during the revocation process shall be placed, to the
extent possible, within ten (10) days, excluding weekends and holidays,
following the final decision to revoke.
Section 4. Appeal.
A juvenile aggrieved by the decision of the regional division director may,
within ten (10) days, submit a written request for reconsideration to the
Commissioner of the Department of Juvenile Justice. The request shall provide
justification for the requested reversal and shall be no longer than two (2) written
pages. The commissioner, or his designee, shall, within five (5) days, issue a
final decision. (26 Ky.R. 1866; Am. 2236; eff. 6-12-2000.)
