(a) If a child on probation incident to an adjudication of delinquency or need of supervision violates any term of his probation he may be proceeded against in a probation revocation hearing.
(b) A proceeding to revoke probation shall be commenced by the filing of a revocation petition by the Corporation Counsel. The petition to revoke probation shall be in such form as may be prescribed by rule of the Superior Court and shall be served together with a summons in the manner provided in section 16-2306.
(c) Probation revocation proceedings shall be heard without a jury and shall require establishment of the facts alleged by a preponderance of the evidence. As nearly as may be appropriate, probation revocation proceedings shall conform to the procedures established by this subchapter for delinquency and need of supervision cases.
(d) If a child is found to have violated the terms of his probation, the Division may modify the terms and conditions of the probation order, extend the period of probation, or enter any other order of disposition specified in section 16-2320 for a delinquent child.
(e) A positive test for use of marijuana, or a violation of § 48-1201, shall not be considered a violation of an order of probation unless the Division expressly prohibits the use or possession of marijuana, as opposed to controlled substances generally, as a condition of probation.
(July 29, 1970, 84 Stat. 538, Pub. L. 91-358, title I, § 121(a); Sept. 23, 1977, D.C. Law 2-22, title IV, § 408(a), 24 DCR 3341; July 17, 2014, D.C. Law 20-126, § 412, 61 DCR 3482.)
1981 Ed., § 16-2327.
1973 Ed., § 16-2327.
The 2014 amendment by D.C. Law 20-126 added (e).
Section 501 of D.C. Law 20-126 provided that the Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.], may issue rules to implement the provisions of the act.
Structure District of Columbia Code
Title 16 - Particular Actions, Proceedings and Matters. [Enacted title]
Chapter 23 - Family Division [Family Court] Proceedings
Subchapter I - Proceedings Regarding Delinquency, Neglect, or Need of Supervision
§ 16–2301.01. References deemed to refer to Family Court of the Superior Court
§ 16–2302. Transfer of criminal matters to Family Division
§ 16–2303. Retention of jurisdiction
§ 16–2304. Right to counsel; party status
§ 16–2305. Petition; contents; amendment
§ 16–2305.02. Preliminary probation conferences; adjustment process
§ 16–2306. Service of summons and petition
§ 16–2307. Transfer for criminal prosecution
§ 16–2309. Taking into custody
§ 16–2310. Criteria for detaining children
§ 16–2310.01. Separation of young children detained prior to a hearing
§ 16–2311. Release or delivery to Family Division [Family Court]
§ 16–2312. Detention or shelter care hearing; intermediate disposition
§ 16–2313. Place of detention or shelter
§ 16–2315. Physical and mental examinations
§ 16–2316. Conduct of hearings; evidence
§ 16–2317. Hearings, findings; dismissal
§ 16–2318. Order of adjudication noncriminal
§ 16–2319. Predisposition study and report
§ 16–2320. Disposition of child who is neglected, delinquent, or in need of supervision
§ 16–2321. Disposition of child with mental illness or a substantial intellectual disability
§ 16–2322. Limitation of time on dispositional orders
§ 16–2323. Review of dispositional orders
§ 16–2324. Vacation, termination of orders
§ 16–2325. Support of committed child
§ 16–2325.01. Participation order
§ 16–2325.02. Report on failure of respondents to appear in delinquency cases
§ 16–2326. Court costs and expenses
§ 16–2326.01. Compensation of attorneys in neglect and termination of parental rights proceedings
§ 16–2327. Probation revocation; disposition
§ 16–2328. Interlocutory appeals
§ 16–2329. Finality of judgments; appeals; transcripts
§ 16–2331. Juvenile case records; confidentiality; inspection and disclosure
§ 16–2332. Juvenile social records; confidentiality; inspection and disclosure
§ 16–2333. Police and other law enforcement records
§ 16–2333.01. Permitted disclosures of juvenile information
§ 16–2333.02. Juvenile Abscondence Review Committee
§ 16–2334. Fingerprint records
§ 16–2335.02. Sealing of records on ground of actual innocence
§ 16–2336. Unlawful disclosure of records; penalties
§ 16–2337. Additional powers of the Director of Social Services
§ 16–2338. Emergency medical treatment
§ 16–2339. Immunity for juveniles who are witnesses in juvenile proceedings
§ 16–2340. Rights of victims or eyewitnesses in delinquency proceedings