505 KAR 1:090. Supervised placement revocation

Link to law: http://www.lrc.ky.gov/kar/505/001/090.htm
Published: 2015

      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.)
Read Entire Law on www.lrc.ky.gov