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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 29. PUBLIC WELFARE |
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Chapter 29-12. COMMUNITY PLACEMENT OF JUVENILE OFFENDERS |
Section 29-1207. NOTICE OF COMMUNITY STATUS REVIEW HEARING
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1207.1 After receiving the recommendation of the Chief of Committed Services or designee, an official notice of the time, place and location of the Community Status Review Hearing shall be sent to the youth, the youth's parent(s) or guardian(s), and counsel of record, or alternate counsel, if counsel is unavailable, by the Community Program Specialist.
1207.2 The Community Program Specialist or designee shall also send a copy of the police report, if applicable, the Community Release Agreement, the DYRS Case Worker’s recommendation, the decision to proceed with the hearing, progress reports and Youth/Family Team meeting reports.
1207.3 Upon request of the youth, the counsel of record or alternate counsel may review the youth’s case file in accordance with D.C. Official Code §§ 2-1515.06, 16-2332, and 16-2333.
1207.4The notice to those specified in subsection 1207.1 may be made in any manner reasonably calculated to put the receiving party on notice of the hearing, and may include, but is not limited to actual notice, notice by hand-delivery, electronic mail, facsimile, registered or certified mail, or overnight express delivery, return receipt requested.
1207.5If notice is by hand-delivery, electronic mail or facsimile a note shall be made in the youth’s case file and signed by the individual who served the notice.
1207.6DYRS shall retain the receipt that notice was sent or other confirmation in the record as proof of proper notification.
1207.7Notice of any Community Status Review Hearing shall be sent to the Juvenile Section Chief for the Office of the Attorney General when:
(a)The youth is already committed to DYRS for any felony offense as defined in D.C. Official Code § 23-1331(3) or D.C. Official Code § 23-1331(4); or
(b)The youth has been charged with any felony offense as a juvenile or as an adult as defined in D.C. Official Code § 23-1331(3) and D.C. Official Code § 23-1331(4);
1207.8The juvenile may be represented at the hearing by parents, legal counsel, or any other person.
1207.9If a juvenile is indigent and requests that counsel be provided, the board shall review the request and, in its discretion, decide whether counsel will be provided.
1207.10If the board decides that counsel will not be provided, it shall state its reason in writing and provide a copy to the juvenile and his or her parents or guardians.
1207.11Only evidence that is material to the charges or violations that have made the hearing necessary shall be admitted at the hearing.
1207.12Any information unrelated to the charges or violations shall be disregarded by the panel in coming to any decision about whether the community status should be continued or revoked.
1207.13The preponderance of the evidence shall be the standard of proof the panel shall use in weighing testimony about the charges or violations.
1207.14After all testimony has been heard, the panel shall retire to weigh the evidence and statements, and reach a decision.