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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 29-1208. FAILURE TO APPEAR AT A HEARING AND ABSCONDENCE
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1208.1After receiving notice, in accordance with § 1207, if the youth fails to appear at the stated time and place, for a Community Status Review Hearing the DYRS Care Manager responsible for the youth shall do the following:
(a)Ask the Absconder’s Unit (MPD) to request a court order for the apprehension and return of the youth to the appropriate facility for failing to comply with official notice to appear at a given time and location;
(b)Note in the next progress report on the youth that the failure to appear for the scheduled hearing constitutes a violation of the Community Release Agreement; and
(c)Begin intensive efforts to locate the youth and return him or her to the appropriate facility. The DYRS Case Manager may ask for police assistance in apprehending the youth.
1208.2After having received notice, in accordance with § 1207, if a youth fails to appear at the stated time and place for a Community Status Hearing, the panel shall proceed.
1208.3If the panel proceeds with a hearing and rescinds the youth’s community status, upon the youth’s return the youth shall be held securely for up to five (5) business days pending a second Community Status Review Hearing.
1208.4The time limitations imposed by Subsections 1202.2 and 1202.3 shall be tolled by the youth’s failure to appear for the scheduled hearing.
1208.5If a youth absconds from a DYRS community placement, the DYRS Case Worker shall inform the Chief of Committed Services or designee and request a custody order.
1208.6Upon the youth’s return to custody from abscondence, the DYRS Case Worker shall determine whether or not the youth’s community status should be reviewed at a hearing. If the youth is returned to DYRS after an arrest on a new charge, the Case Worker may take into account the decision of the Court concerning release status with respect to any new charges.
1208.7If the Case Worker determines that the youth should return to his or her community placement, the Case Worker shall determine whether to request a Community Status Review Hearing.
1208.8If the Case Worker determines that the youth who had absconded should be held in secure custody, the Case Worker shall provide the Chief of Committed Services or designee with documentation in support of his or her recommendation that the youth be securely held.
1208.9The Chief of Committed Services or designee shall make an independent probable cause determination within one (1) business day, based on the Case Worker’s documentation.
1208.10If the Chief of Committed Services or designee determines that there is probable cause to believe that the youth violated the terms of his or her Community Release Agreement and that he or she is a clear and present danger and requires immediate removal from a non-secure placement, DYRS shall conduct the Community Status Review Hearing within five (5) calendar days of the youth’s return from abscondence. If the fifth calendar day is a Sunday or legal holiday, the hearing shall convene the next business day.
1208.11If the Chief of Committed Services determines that there is no probable cause to securely confine the youth, DYRS shall return the youth to his or her community placement.
1208.12In cases where there is a no probable cause determination, the Case Worker may request a Community Status Review Hearing in accordance with Subsection 1202.3.
1208.13The Chair of the Community Status Review Panel shall provide notice of the time, place and location of the Community Status Review Hearing to the youth, guardian(s), and counsel of record, consistent with § 1207.