9 NYCRR Part 169 - Executive Department

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9 NYCRR 169.1 - Revocation of release, grounds

Source version current through Jul 31, 2022

Later State Register activity may affect this section.

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022

Release pursuant to section 523 of the Executive Law may be revoked by the division upon a violation of aone or more of the following conditions of release including, but not limited to:

(a)adhere to a reasonable curfew set by the youth service team worker;

(b)not associate with persons whose influence would have a detrimental effect, including but not limited to persons previously convicted of crime or having a known criminal background;

(c)attend school in accordance with the provisions of part I of article 65 of the Education Law and/or cooperate with the assigned youth service team worker in seeking to obtain and in accepting employment and employment counseling services;

(d)abstain from the use of alcoholic beverages, hallucinogenic drugs, habit forming drugs not lawfully prescribed, or any other harmful or dangeous substance;

(e)report to the youth service team worker as directed;

(f)not commit an act which would be a crime if committed by an adult;

(g)not operate a motor vehicle without a license;

(h)obey all reasonable commands of parents or other persons legally responsible for care and treatment;

(i)not run away from the lawful custody of parents or other lawful authorities; and

(j)any other reasonable condition of which the releasee is informed.

9 NYCRR 169.2 - Notice of grounds for revocation of release

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt

Each child released from a school or center of the division, pursuant to section 523 of the Executive Law, shall receive, prior to his release, an orientation session at which he shall be informed orally and receive in writing the terms of his release, including notification of the grounds upon which release may be revoked. A copy of the terms of release shall be mailed to the releasee's parent or guardian at the time of release.

9 NYCRR 169.3 - Initiation of release revocation proceeding

Source version current through Jul 31, 2022

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022

(a)The youth worker who has reasonable knowledge of the child's behaivor shall prepare a report documenting reasons why return to a school or center is the best interest of the child and/or the community, including specific violations of prescribed conditions of release.

(b)Said report, if endorsed by the immediate supervisor of the youth worker shall be submitted to the director of the community services bureau.

(c)The director of community services bureau or his designee shall review the report and make a determination which may be:

(1)continuation of the child's present release program;

(2)modification of the child's release program;

(3)referral to either Family Court or a court of other jurisdiction for other disposition where it is the opinion of the director of Children's Services Bureau that a new placement is required;

(4)return to a State training school is in the best interest of the child and/or the community.

9 NYCRR 169.4 - Notice of hearing, statement of allegations and return to custody

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt

When the director of community services bureau determines that it is in the best interest of the child and/or the community that the child should be returned to the division's facility program for further treatment, the following procedure should be followed:

(a)Documentation of the grounds upon which the recommendation that release be revoked shall be forwarded to the office of the counsel of the division with a request that a revocation hearing be held.

(b)Counsel's office shall prepare a notice of hearing which shall include a statement describing the allegations upon which the hearing will be based and a warrant for apprehension of the released child to be used at the discretion of the director of community services.

(c)The notice of hearing shall state in writing the rights of the releasee to a hearing, including the right of each party to be represented, to testify, to produce witnesses, to present documentary evidence, to examine opposing witnesses to the extent necessary to assure that the hearing officer is accurately informed of the facts and to examine evidence.

(d)The notice of hearing shall be forwarded to the director of community services who shall arrange for an employee, designated by the division, to apprehend the releasee named in the notice of hearing and have said releasee returned to the custody of the division. However, where it is the opinion of the director of community services that there are reasonable grounds to believe the child would appear at the time and place of hearing without being taken into custody, the child shall be left in the community.

(e)Copies of the notice of hearing shall be served by mail upon releasee, parents of the releasee, the releasee's legal counsel as soon as he is identified, and the hearing officer who shall conduct the revocation hearing.

9 NYCRR 169.5 - Rights of parties

Source version current through Jul 31, 2022

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022

(a)The revocation hearing shall be held within 20 days from the date that the releasee is taken into custody and within 20 days of mailing the notice of hearing to the releasee where the releasee is not taken into custody, subject to the authority of the hearing officer to grant reasonable adjournments.

(b)The hearing shall be presided over by a hearing officer who shall be an attorney employed by the division exclusively to conduct hearings for the division.

(c)The releasee shall have the right to legal counsel at the hearing.

(d)The office of counsel of the Division for Youth shall act as agency representative at the hearing.

(e)Notification of hearing date.

At least five days prior to the date of hearing, notice shall be given to the parties and representatives by the hearing officer, including: the releasee, the releasee's attorney, and the parents of the releasee. The notice to the parties shall inform them:

(1)of the date and place of hearing

(2)of the name and address of the hearing officer who will conduct the hearing

(f)Opportunity shall be afforded the releasee or his attorney, upon request, to examine copies of documentary evidence in the possession of the division which the division plans to introduce at the hearing.

(g)The following persons may be present at the hearing: the releasee, his parents or lawful guardian, his legal counsel, counsel for the division, witnesses of both parties and any who may be called by the hearing officers, representatives of the division and other persons may be admitted by the hearing officer in his discretion.

9 NYCRR 169.6 - Conduct of hearing

Source version current through Jul 31, 2022

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022

(a)The hearing officer shall preside.

He shall make an opening statement describing the nature of the proceeding, the issues and the manner in which the hearing will be conducted.

(b)The hearing officer shall have all the powers conferred by law and regulations of the division to acquire attendance of witnesses and the production of books and records and to administer oaths and to take testimony.

(c)The hearing officers shall conduct an impartial hearing.

(d)Technical rules and evidence followed in a court of law shall not apply, but evidence must be relevant and material.

(e)Each party has a right to be represented by counsel, or other representative, to testify, to produce witnesses to testify, to offer documentary evidence, to examine opposing witnesses to the extent necessary to assure that the hearing officer is accurately informed of the fact, to offer evidence in rebuttal and to examine any documentary evidence offered by the other party.

(f)The hearing officer may, in his discretion, order the removal of any person present at a hearing when the presence of that person interferes with the orderly conduct of the hearing.

(g)The hearing may be adjourned by the hearing officer for good cause on his own motion or at the request of either party.

(h)A verbatim record of the hearings shall be made.

9 NYCRR 169.7 - Examination of record after hearing

Source version current through Jul 31, 2022

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022

The record of the hearing shall be confidential, but it may be examined by either party, including the releasee, his parent or his designated legal representative.

9 NYCRR 169.8 - The decision

Source version current through Jul 31, 2022

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022

(a)The hearing officers shall issue a decision determining whether the releasee has knowingly violated any of the conditions of his release as alleged. The hearing officer's decision shall be based upon substantial evidence presented at the hearing. Where substantial evidence is found to exist, the hearing officer shall order revocation of release. Where the hearing officer finds that there is no substantial evidence upon which the allegation is based, the hearing officer shall order the return of the releasee to the community under continued aftercare supervision.

(b)The hearing officer, on motion of the releasee or his representative, or on his own motion, may order a releasee returned to the community under continued aftercare supervision at the time of the hearing where there is no evidence to support the allegations presented at the hearing.

(c)In all cases, a written decision shall be served upon the parties to the proceedings within four days following the hearing.

(d)Notice of revocation of release shall also be sent to the Family Court which placed the releasee.

9 NYCRR 169.9 - Judicial review

Source version current through Jul 31, 2022

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022

In the letter transmitting the decision, the hearing officer shall make clear references to the availability of judicial review, pursuant to article 78 of the Civil Practice Law and Rules.

9 NYCRR 169.10 - Voluntary return

Source version current through Jul 31, 2022

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022

A child on release status may volunteer to return to the custody of the division for youth without a revocation hearing. In such cases, release shall be revoked without a hearing, provided that a waiver of hearing is signed by the youth while represented by an attorney, who shall determine that the youth is aware of the significance of his act.

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