D.C. Mun. Regs. tit. 29, r. 29-1204

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 29-1204 - EMERGENCY REMOVALS

1204.1

The following procedures shall apply to Emergency Removals Without Youth's Consent:

(a) The DYRS Case Worker shall remove the youth from his or her placement, and place the youth in a secure DYRS facility, emergency shelter, in-patient drug treatment or appropriate medical or mental health facility when a youth in a community placement presents a clear and present danger to himself, herself or others, and requires immediate removal from a non-secure placement.

(b) The DYRS Case Worker shall request a custody order from the court for the youth so that the Metropolitan Police Department ("MPD") has the authority to take the youth into custody if the youth is unwilling to be removed by the Case Worker.

(c) The Case Worker shall provide the Chief of Committed Services or designee with a summary of the basis for the youth's removal.

(d) The Chief of Committed Services or designee shall make an independent probable cause determination based on the Case Worker's documentation within one (1) business day of the youth being removed.

(e) The Community Status Review Hearing shall convene within five (5) calendar days of a youth's emergency removal if 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. If the fifth calendar day is a Sunday or legal holiday, the hearing shall convene the next business day.

(f) DYRS shall return the youth to his or her community placement if the Chief of Committed Services or designee determines that there is no probable cause to securely confine the youth.

(g) The Case Worker may request a Community Status Review Hearing in accordance with subsection 1202.3, in cases where there is a no probable cause determination.

(h) DYRS shall provide notice of the Community Status Review Hearing to the youth and counsel of record, or if counsel of record is unavailable, then alternate counsel, in any manner reasonably calculated to put the receiving party on notice.

(i) DYRS shall make all reasonable efforts to provide notice to the guardian(s).

(j) Notice may include, but is not limited to, actual notice, notice left on answering machine, by telephone, electronic mail, facsimile, or notice hand-delivered to the office of the counsel of record, or alternate counsel and to the guardian's home in addition to the forms of notice in subsection 1207.4.

(k) DYRS shall make a note in the youth's case file, and signed by the individual who provided the notice, if the notice is made via telephone, answering machine, electronic mail, facsimile or hand-delivery.

(l) DYRS shall notify the Office of the Attorney General, Juvenile Section of the emergency removal and the date and time of the hearing.

(m) DYRS may continue the hearing for up to an additional five (5) business days if the counsel of record and alternate counsel are unavailable at the date and time for which the hearing is scheduled.

1204.2

The following procedures shall apply to Emergency Removals with the Youth's Consent:

(a) If a youth in a community placement presents a clear and present danger and requires immediate removal from a non-secure placement, or pending a transfer to a new placement, DYRS may remove the youth to another placement upon the youth's written consent after having the opportunity to consult with counsel of record, or alternate counsel, if counsel is unavailable.

(b) If a youth is removed from his or her community placement pursuant to subsection 1204.2(a), and is admitted to an in-patient drug, medical, mental health facility or similar in-patient facility for treatment, the Community Program Specialist, the youth, and guardian or counsel of record, or if the youth's counsel is unavailable, alternate counsel, shall sign a written consent agreeing to waive a Community Status Review Hearing.

(c) The Case Worker shall place the consent form, waiving the right to have a hearing and signed by the youth or youth's counsel, in the youth's case file.

(d) Upon the youth's discharge from the facility, the youth shall:

(1) Return to the placement he or she enjoyed immediately prior to the treatment; or

(2) Return to a placement with the same or lower level of restrictiveness.

(e) A youth's community placement is not revoked.

D.C. Mun. Regs. tit. 29, r. 29-1204

56 DCR 4756 (August 28, 2009)