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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 29-1210. COMMUNITY STATUS REVIEW HEARINGS
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1210.1All hearings shall be held at the time, place and location shown on the notice to appear before the Community Status Review Hearing form, unless otherwise notified.
1210.2The Community Status Review Panel shall consist of three (3) DYRS staff, including the Community Program Specialist or designee from the Judicial Processing Unit, from the Department of Youth Rehabilitation Services.
1210.3Each panelist shall be drawn from DYRS staff with at least two (2) years of experience in the direct care of youth and trained in community review policies and procedures. Case Managers/Workers are not permitted to be on the panel.
12101.4No one shall serve on the panel who is in anyway involved with the case being heard or has worked with the youth whose community status is being reviewed. This includes facility staff who have worked with the youth.
1210.5The youth may be represented at the hearing by parents, legal counsel, or any other person whom the youth may designate.
1210.6DYRS employees, contractors or agents are prohibited from representing a youth.
1210.7At the hearing, the panel shall inform the youth of his or her right to have counsel of record present, alternate counsel, parent, guardian, or other representative with him or her.
1210.8The youth, counsel of record, or other representative for the youth is permitted, after consulting with the youth, one (1) brief continuance. All subsequent continuances shall not be provided absent a showing of good cause or extreme hardship.
1210.9Except as set forth in subsection 1210.10, the panel shall not be responsible in any way for providing witnesses on behalf of the youth whose case is being heard.
1210.10Upon adequate notification by the youth that a witness’ presence is necessary, DYRS shall bring a witness within DYRS’ control, including youth committed to its care, to the review hearing.
1210.11The youth may bring any other witnesses to the hearing who may assist in putting forth his or her position.
1210.12The youth may question any witnesses or challenge any documents.
1210.13Only evidence that is material to the charges or violations that have made the hearing necessary shall be admitted at the hearing.
1210.14The Community Status Review Panel shall not interview or question the youth about substantive matters concerning any pending criminal or delinquency matters.
1210.15Any information unrelated to the charges or violations shall be disregarded by the panel in reaching its decision about whether the community status should be continued or revoked.
1210.16The panel may consider information unrelated to the charges or violations in its decision on the level of restrictiveness.
1210.17After all testimony has been heard and evidence presented, the panel shall retire to weigh the evidence and statements, and reach a decision.
1210.18The preponderance of the evidence shall be the standard of proof the panel shall use in weighing testimony and other evidence about the charges or violations.
1210.19The Community Status Review Panel shall notify the counsel of record of all hearings where counsel is not present or counsel’s presence is waived.