D.C. Mun. Regs. tit. 29, r. 29-1210

Current through Register Vol. 71, No. 49, December 6, 2024
Rule 29-1210 - COMMUNITY STATUS REVIEW HEARINGS
1210.1

All 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.

1210.2

The 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.

1210.3 Each 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.
12101.4

No 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.

1210.5

The youth may be represented at the hearing by parents, legal counsel, or any other person whom the youth may designate.

1210.6

DYRS employees, contractors or agents are prohibited from representing a youth.

1210.7

At 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.

1210.8

The 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.

1210.9

Except 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.

1210.10

Upon 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.

1210.11

The youth may bring any other witnesses to the hearing who may assist in putting forth his or her position.

1210.12

The youth may question any witnesses or challenge any documents.

1210.13

Only evidence that is material to the charges or violations that have made the hearing necessary shall be admitted at the hearing.

1210.14

The Community Status Review Panel shall not interview or question the youth about substantive matters concerning any pending criminal or delinquency matters.

1210.15

Any 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.

1210.16

The panel may consider information unrelated to the charges or violations in its decision on the level of restrictiveness.

1210.17

After all testimony has been heard and evidence presented, the panel shall retire to weigh the evidence and statements, and reach a decision.

1210.18

The 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.

1210.19

The Community Status Review Panel shall notify the counsel of record of all hearings where counsel is not present or counsel's presence is waived.

D.C. Mun. Regs. tit. 29, r. 29-1210

56 DCR 4756 (August 28, 2009)