219.026. Release on aftercare supervision authorized--procedures authorized when child violates conditions of release--termination of supervision, when.

MISSOURI STATUTES AND CODES

219.026. Release on aftercare supervision authorized--procedures authorized when child violates conditions of release--termination of supervision, when.

Release on aftercare supervision authorized--procedures authorizedwhen child violates conditions of release--termination of supervision,when.

219.026. 1. Subject to the provisions of subsection 1 ofsection 219.021, the division is authorized to release onaftercare supervision children committed to its control; toimpose conditions upon which aftercare supervision is granted; torevoke and terminate aftercare supervision; and to discharge fromlegal custody. With respect to any child who has been placed onaftercare supervision, if in the opinion of the child's aftercaresupervisor or a designated employee of the division the child isin substantial violation of the terms and condition of hisrelease, such employee may:

(1) Notify the child and his parents or guardian of ahearing to determine if there is reasonable grounds to believethe child has violated the conditions of his release; and mayalso

(2) Take the child immediately into custody and place him inan appropriate residential child caring facility or detentionfacility or other appropriate program until a promptdetermination as to the child's future care and treatment is madeby the director, if the employee has reason to believe thatpermitting the child to remain in his own home would be dangerousto him or to the community or that the child is about to flee thejurisdiction of the court.

2. The hearing referred to in subdivision (1) of subsection1 of this section shall be heard by an employee designated by thedirector, but not the employee requesting the hearing, and shallafford the child and his parents or guardian and their legalcounsel, if any, full opportunity to be heard and to present anyinformation as may be deemed relevant and shall be held as nearas practicable to the child's county or residence.

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

4. When called upon by any designated employee of thedivision, all peace officers shall assist in taking a child intocustody 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 conditionsof aftercare supervision pending return of the child to thedivision. Detention of the child shall be in an appropriatefacility and until a hearing is held, but in no event, longerthan ten days.

6. The division shall terminate the supervision of any childplaced on aftercare supervision upon determining the child is nolonger in need of supervision or upon his eighteenth birthday.The division shall immediately notify in writing the child, hisparents or guardian and the committing court of the terminationof its supervision over the child.