Cal. Code Regs. Tit. 9, § 30710 - Fact Finding Hearing

(a) The fact finding hearing shall establish whether or not the alleged behavior occurred. This hearing shall be conducted:

(1) By a staff member assigned by the superintendent who shall be known as "fact finder."

(A) Level A behavior: Any staff member selected may serve.

(B) Level B behavior: The staff member selected shall not be a member of the treatment team assigned to the ward.

(2) In an impartial and objective manner.

(3) Only when the preparation process is satisfactorily completed.

(4) Within the prescribed time limits. If time limits are not met, the proceedings shall be dismissed if the delay has resulted in substantial prejudice to the ward. Substantial prejudice is a handicap suffered by the ward and caused by a delay which could reasonably influence the outcome of the hearing. (See Section 30704.)

(b) A separate finding on each allegation shall be required where multiple allegations arise from a single incident or an interrelated series of incidents.

(c) Findings shall be based on a preponderance standard of certainty, i.e., it is more likely than not that the alleged behavior occurred. The fact finder shall:

(1) Evaluate each allegation for the following elements:

(A) Did the charged behavior actually occur?

(B) Did the evidence (physical, testimony, or circumstantial) indicate the accused ward committed the charged behavior?

(C) Did the accused ward act in self-defense where fighting or assault is charged?

(D) Did the accused ward intend for his behavior to occur?

(E) Was the ward aware of the probable consequences of his behavior?

(2) Make a specific finding of "sustained" or "non sustained" on each allegation.

(d) Whenever a finding of "sustained" is made, the evidence shall show that all of the questions, subsection (1) (A)-(E), were considered and answered.

Notes

Cal. Code Regs. Tit. 9, § 30710

1. Change without regulatory effect renumbering title 15, section 4646 to title 9, section 30710, including amendment of subsection (a)(4), filed 2-13-2020 pursuant to section 100, title 1, California Code of Regulations (Register 2020, No. 7).

Note: Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1001, 1002, 1004 and 1752, Welfare and Institutions Code.

1. Change without regulatory effect renumbering title 15, section 4646 to title 9, section 30710, including amendment of subsection (a)(4), filed 2-13-2020 pursuant to section 100, title 1, California Code of Regulations (Register 2020, No. 7).