Chapter 97-2 ADMINISTRATIVE REVOCATIONS OF JUVENILE COMMUNITY PLACEMENT
Unless a different meaning is required by the context, the
following terms as used in these rules and regulations shall have the meaning
hereinafter respectively ascribed to them:
| (a) |
"Administrative Revocation" is the
termination of the conditional, community placement of a youth committed to the
custody of the Department; provided however, that a youth has completed the
initial trial period when the administrative action to terminate occurs. If
violations occur prior to the completion of the trial period, a youth may be
transferred to a Youth Development Campus or any other placement without regard
to these procedures. |
| (b) |
"Trial
Period" is an initial diagnostic or probationary period, not to exceed sixty
(60) days, during which a committed youth is conditionally placed in a
community treatment center, community school, intensive supervision program,
group home, or other alternate placement. |
| (c) |
"Preliminary Hearing" is an informal
hearing, the purpose of which is to establish whether there is probable cause
to believe that the youth has violated the conditions of placement. The hearing
also serves as a detention hearing. |
| (d) |
"Waiver" is a voluntary relinquishing of
a known right or privilege by one who knows the consequences of such
act. |
| (e) |
"Final Revocation Hearing"
is an administrative proceeding in which an administrative law judge, under
authority of O.C.G.A. §§ 50-13-13
and
50-13-41,
makes findings of fact and conclusions of law and disposition, subject to
appellate review, in the matter of revocation of community placement. |
| (f) |
"Community Placement" means any placement
made for a youth committed to the Department as an alternative to placement at
a State Youth Development Campus. |
| (g) |
"Case Manager" means a Community Services
Worker or other employee of the Division of Community Services who provides
direct supervision and coordination of services for a youth committed to the
Department. |
| (h) |
"Department" means
the Department of Juvenile Justice of the State of Georgia. |
| (i) |
"Commissioner" means the chief
administrative officer of the Department of Juvenile Justice. |
| (j) |
"YDC" means a Youth Development
Campus. |
| (k) |
"RYDC" means a Regional
Youth Detention Center. |
| (l) |
"Office
of State Administrative Hearings" means the State Agency authorized by law to
determine contested cases not presided over by the Commissioner. |
| (1) |
Administrative
revocations are based on one or more violations of the written conditions of
placement and may result in a return to or placement in an institutional
treatment program or other change in placement when it is determined that such
return or placement is necessary for the youth's treatment and rehabilitation.
It is not necessary to follow revocation procedures if the youth is to be
removed from the placement during the initial sixty-day trial period. |
| (2) |
Revocations may take place as a result of
violations of the conditions of community placement. If a youth has been
accused of the commission of an act of delinquency or unruliness, a complaint
should be filed with the juvenile court having jurisdiction in accordance with
the court's local operating procedures. If the court will not authorize the
filing of a petition, a violation report may be filed alleging that the
conditions of placement have been violated in that the youth committed a
delinquent or unruly act. The matter can then be handled as an administrative
revocation. |
If a case manager proposes to revoke administratively a
community placement, the following procedures will be initiated:
| (a) |
Violation Report. A violation report will
be filed with the immediate supervisor of the case manager alleging a violation
of the conditions of a youth's community placement. Only those conditions which
have been put into writing and explained to the youth can be used as a basis
for revocation.
| 1. |
The violation report must
include the specific violations that are alleged, the dates of the occurrence,
a summary of the circumstances of each violation, and the time and place of
detention if the youth is detained. |
| 2. |
The violation report must be explained to
the youth and a copy must be delivered to the youth and the youth's parent or
guardian as soon as possible after filing and no later than 24 hours prior to a
preliminary hearing. |
|
| (b) |
Request for Detention. The case manager, upon authorization, has the authority
to request the detention of a youth in a detention facility for 72 hours. Such
a request should be made only if detention is required to protect the person or
property of others or of the youth or if there is reason to believe that the
youth will not appear at a preliminary hearing. |
| (c) |
Notice of Preliminary Hearing. The youth
and the youth's parents or guardian, if available, must be given at least 24
hours notice that a preliminary hearing is to be held to consider the
allegations made in the violation report.
| 1. |
The notice will indicate the time and place of the hearing, its purpose and the
youth's rights. |
| 2. |
It shall be read
and explained to the youth by the case manager and a copy shall be given to the
youth and the youth's parents or guardian, if they are available. |
|
| (d) |
Preliminary Hearing: Nature
and Purpose. The preliminary hearing is an informal hearing, the purpose of
which is to establish whether there is probable cause to believe that the youth
has violated the conditions of the youth's community placement. The hearing
officer may accept testimony and evidence not otherwise admissible if he
believes it to be reliable.
| 1. |
The case
manager's immediate supervisor or designee will present the charges and
evidence regarding the alleged violations. The case manager will perform the
role of witness for the Department. If a supervisor is actively managing the
case, he will present the charges and serve as a witness for the
Department. |
|
| (e) |
Waiver.
If the youth admits to the charges, the youth and the youth's parents may waive
the right to a final revocation hearing, and the youth may be returned to an
institution with no further proceedings. This information is recorded on an
Admission of Violation/Waiver form. If the parents or guardian are not
reasonably available at the hearing, the youth may waive any further hearing
without the youth's parents if the youth fully understands the implications of
such a waiver. A notation of such non-availability of the parents or guardian
shall be recorded by the hearing officer. |
| (f) |
Findings of Preliminary Hearing. The
hearing officer must record the results of the preliminary hearing on the
"Findings of Preliminary Hearing" form. He will record a summary of the hearing
including the substance of the charges, evidence presented, the defense, the
admission or denial of the charges, and his conclusions.
| 1. |
If the youth waives a final hearing, the
preliminary hearing officer shall have the authority to make the same
disposition that the administrative law judge for the final revocation hearing
could make. If no probable cause is determined, the youth shall be immediately
continued in the community. |
| 2. |
If
probable cause is determined and the youth does not waive the final hearing, a
final revocation hearing will be scheduled. The preliminary hearing officer
will also determine whether the youth shall be detained until the final
hearing. The decision to detain the youth shall be made only if detention is
required to protect the person or property of others or of the youth or if
there is reason to believe the youth will not appear at the final
hearing. |
| 3. |
Copies of the findings
shall be given to the youth and the youth's parents or guardian, if reasonably
available, within ten working days. |
|
If a final revocation hearing is to be held the following
procedures are required:
| (a) |
Notice.
The youth and the youth's parents or guardian, if reasonably available, and the
youth's attorney, if any, must be given at least 24 hours notice by copy of the
Notice of Revocation Hearing form. |
| (b) |
Final Revocation Hearing: Nature and
Purpose. The purpose of the final revocation hearing is to make a determination
of the allegation(s) and to make disposition. The Office of State
Administrative Hearings will appoint an administrative law judge to conduct the
final revocation hearing. The administrative law judge will, based on the
preponderance of the evidence presented, make the initial decision that (1) the
youth has or has not committed the acts as alleged; (2) that the acts, if found
to be as alleged, are substantial violations which justify revocation; and (3)
the plan of care is revoked or not revoked. The administrative law judge may
accept an alternate plan previously agreed upon between the parties as an
informal disposition of the case as provided for in the Georgia Administrative
Procedure Act (O.C.G.A. §§ 50-13-13
and
50-13-41);
provided however, that the administrative law judge is not hereby authorized to
receive evidence concerning alternate plans nor to decide upon the merits of
alternate plans other than to accept alternate plans previously agreed upon
between the parties. The results of the hearing shall be put in writing. Copies
shall be given to the youth and the youth's parents or guardian, if reasonably
available. |
| (c) |
Appeal. The initial
decision of the administrative law judge becomes final if no application for
review is made within 30 days. Pending the review, any change in plan of care
and treatment is effective. The youth, the youth's parents or guardian, or the
youth's attorney can apply to the Commissioner of the Department of Juvenile
Justice or his designee for review of the initial decision.
| 1. |
If, upon an application for review, the
Commissioner or his designee upholds the initial decision of the administrative
law judge, further appeal may be made through proceeding in superior court in
accordance with Georgia Laws 1964, pages 338, 354, as amended (O.C.G.A. § 50-13-19). |
| 2. |
The change in plan of care is effective
during the pendency of the appeal unless a stay has been requested and
granted. |
|
Preliminary Hearing Officers shall be designated and appointed
by the Commissioner of the Department of Juvenile Justice. Administrative law
judges shall be appointed by the Chief Judge, Office of State Administrative
Hearings. The administrative law judges shall have the duties and authority of
hearing officers as outlined in Georgia Laws 1964, pages 338, 348, as amended
(O.C.G.A.
50-13-13)
and Georgia Laws 1994, page 1856 (O.C.G.A.
50-13-41).
| (1) |
Preliminary Hearings. If a youth who has
been charged with a violation is detained, a preliminary hearing shall be held
within 72 hours after the youth is placed in detention, provided that if the
72-hour time period expires on a Saturday, Sunday, or legal holiday, the
hearing shall be held on the next day which is not a Saturday, Sunday, or legal
holiday. If not detained, a hearing shall be held within 10 working days of the
filing of a violation report. The hearing officer may continue the hearing
until a later date if the situation so necessitates. |
| (2) |
Final Revocation Hearing. A final
revocation hearing shall be held by the Office of State Administrative Hearings
within ten working days of the preliminary hearing if the youth is in detention
and within twenty working days if not in detention, unless a continuance is
granted. |
When a violation report has been filed and a revocation
proceeding initiated, a youth may be represented by an attorney. If the youth
or the youth's parents or guardian are unable to retain an attorney, then an
attorney will be provided for the final hearing, at no expense, upon proof of
indigency only under the following conditions:
| (a) |
An attorney will be provided for final
revocation hearings, upon timely request, where necessary to ensure that the
youth's interests are adequately represented when there is either a colorable
claim:
| 1. |
that the youth has not committed the
acts as alleged; or |
| 2. |
even if the
violations are established, there are substantial mitigating circumstances;
or |
| 3. |
that revocation is
inappropriate under the particular circumstances. |
|
| (b) |
An attorney will be provided in any case
for final revocation hearings in which a youth requests it and the youth is not
assisted by a parent(s), guardian or other adult, or the youth cannot be
effectively assisted by a parent(s) or guardian, because their interests
conflict. |
At any time when a change in plan of care is considered, other
than possible placement at a Youth Development Campus, that would impose
greater limitations on a youth's liberty, the youth and the youth's parents
shall, at least, have the opportunity for a conference with the immediate
supervisor of the youth's worker. Upon request, a conference with the
supervisor and the youth and parents shall be held to fully explain what action
is being considered and why. The youth and the youth's parents or guardian
shall be given the opportunity to give evidence or reasons why the change in
plan of care should not be made. Results shall be put in writing with copies
given to the youth and the youth's parents or guardian.
