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Chapter 97-2 ADMINISTRATIVE REVOCATIONS OF JUVENILE COMMUNITY PLACEMENT

Rule 97-2-.01 Definitions

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.

Rule 97-2-.02 Provisions

(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.

Rule 97-2-.03 Administrative Revocation: Preliminary Procedures

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.

Rule 97-2-.04 Administrative Revocation: Final Hearing Procedures

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.

Rule 97-2-.05 Hearing Officers: Designation and Authority of

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).

Rule 97-2-.06 Hearings: Time Limitations

(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.

Rule 97-2-.07 Attorneys

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.

Rule 97-2-.08 Other Changes in Plan of Care

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.