Section 219.026

Title XIII CORRECTIONAL AND PENAL INSTITUTIONS

Chapter 219

Effective - 28 Aug 1987   

  219.026.  Release on aftercare supervision authorized — procedures authorized when child violates conditions of release — termination of supervision, when. — 1.  Subject to the provisions of subsection 1 of section 219.021, the division is authorized to release on aftercare supervision children committed to its control; to impose conditions upon which aftercare supervision is granted; to revoke and terminate aftercare supervision; and to discharge from legal custody.  With respect to any child who has been placed on aftercare supervision, if in the opinion of the child's aftercare supervisor or a designated employee of the division the child is in substantial violation of the terms and condition of his release, such employee may:

  (1)  Notify the child and his parents or guardian of a hearing to determine if there is reasonable grounds to believe the child has violated the conditions of his release; and may also

  (2)  Take the child immediately into custody and place him in an appropriate residential child caring facility or detention facility or other appropriate program until a prompt determination as to the child's future care and treatment is made by the director, if the employee has reason to believe that permitting the child to remain in his own home would be dangerous to him or to the community or that the child is about to flee the jurisdiction of the court.

  2.  The hearing referred to in subdivision (1) of subsection 1 of this section shall be heard by an employee designated by the director, but not the employee requesting the hearing, and shall afford the child and his parents or guardian and their legal counsel, if any, full opportunity to be heard and to present any information as may be deemed relevant and shall be held as near as practicable to the child's county or residence.

  3.  The child or his parents or guardian may request a rehearing before the director as provided in section 219.051.

  4.  When called upon by any designated employee of the division, all peace officers shall assist in taking a child into custody pursuant to the provisions of this section.

  5.  All law enforcement agencies shall detain, upon request, children alleged by the division to have violated the conditions of aftercare supervision pending return of the child to the division.  Detention of the child shall be in an appropriate facility and until a hearing is held, but in no event, longer than ten days.

  6.  The division shall terminate the supervision of any child placed on aftercare supervision upon determining the child is no longer in need of supervision or upon his eighteenth birthday.  The division shall immediately notify in writing the child, his parents or guardian and the committing court of the termination of its supervision over the child.

­­--------

(L. 1975 S.B. 170 § 5, A.L. 1987 S.B. 244)