2011 Wyoming Statutes
TITLE 14 - CHILDREN
CHAPTER 6 - JUVENILES
14-6-305. Home leave; violation hearing procedures.

(a) If consideration is being given to apprehending, revoking or placing under the supervision of the department a youth who has violated a condition of home leave, the supervising probation officer with the department shall notify the department, the appropriate juvenile court and the institution. A department hearing may be held in accordance with this section within a reasonable time, unless a hearing is knowingly waived by the youth on home leave. The supervising probation officer may request a hearing pursuant to W.S. 14-6-232.

(b) Any hearing pursuant to this section may be before the department adjudicated child program manager, a designated hearing officer or any other person authorized pursuant to the laws of this state to hear cases of alleged home leave violations, except that no hearing officer shall be the person making the allegation of violation. As soon as practical, upon completion of any hearing or waiver of hearing, the hearing officer shall report to the juvenile court, department or institution, furnish a copy of the hearing record or waiver and make recommendations regarding the disposition to be made.

(c) With respect to any hearing pursuant to this section, the youth on home leave:

(i) Shall have reasonable notice in writing of the nature and content of the allegations to be made including notice that the purpose of the hearing is to determine whether there is probable cause to believe that the youth has committed a violation that may lead to a return to the institution or be otherwise placed by the department;

(ii) Shall be permitted to consult with his attorney or the guardian ad litem and any other persons whose assistance the youth reasonably desires, prior to the hearing;

(iii) Shall have the right to confront and examine any person who has made allegations against the youth, unless the hearing officer determines that the confrontation would present a substantial present or subsequent danger of harm to the person;

(iv) May admit, deny or explain the alleged violation and may present proof, including affidavits and other evidence, in support of the youth's contentions.

(d) If the hearing officer finds that the youth has violated the terms of home leave, the hearing officer may authorize the supervising probation officer to:

(i) Enforce more strict terms and conditions of home leave; or

(ii) Return the youth to the institution which granted the home leave.

(e) A record of the proceedings under this section shall be made and preserved either by stenographic means or through the use of a recording device.