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Policy Manual
ADMINISTRATIVE HEARINGS
Parole Revocation Hearings

22-9-4
Rights of the Child

List of Rights A child scheduled for a Parole Revocation Hearing shall be afforded the following rights:

•A Parole Revocation Hearing held within fourteen (14) days of his/her return to Long Lane School, subject to the authority of the hearing officer to grant reasonable continuances.

•Oral and written notice at least five (5) days in advance of the hearing of the following:

-the date, time and place of the hearing

-the charges and a summary of the evidence

-his procedural rights.

•To request assistance of a representative and to receive an appointed representative when he meets established criteria.

•To examine copies of documentary evidence in possession of the Department which the Department plans to introduce at the hearing.

Note: Portions of such documents which contain confidential information need not be disclosed if the child or his/her representative has been informed that disclosure would not be in the child's best interests.

•To appear in person and speak in his own behalf.
•To remain silent.
•To present documents and witnesses on his behalf.
•To question witnesses.
•To have facts established and a disposition made by an independent hearing officer not associated with the decision to recommend returning the child to Long Lane School.

•To receive a written summary of the findings, the disposition, the evidence relied upon and the hearing officer's reasoning.

•To ask for a continuance when inadequate notice, lack of a representative, new evidence or charges, or the absence of adverse witnesses substantially impairs his ability to accurately present the facts at the hearing.

Right to Representation A Department staff member shall, whenever possible, interview the child at least five (5) days in advance of the hearing in order to

•explain the purpose and nature of the hearing

•advise the child of his rights of representation and proper notice

•assist the child in obtaining documents and witnesses, within reasonable limits.

Selecting Representation The following shall apply to selecting or waiving a representative:

•The child may at his own expense have an attorney or anyone he chooses assist him at the hearing. The Administrative Hearings Unit or other staff member shall assist him/her in contacting his chosen representative.

•The child who does not have his own attorney or chosen representative shall, whenever possible, have a representative appointed if the Administrative Hearings Unit or other staff member determines that he meets one or more of the following criteria:

-the child is under fourteen (14) years of age

-the child cannot speak for himself due to his age, physical or mental capabilities, or language limitations.

Waiving Representation When the child meets the established criteria for an appointed representative, he may waive this right when the waiver is in writing and made voluntarily, knowingly and intelligently.

Connecticut Department of Children and Families Issued: March 1, 1994