N.Y. Comp. Codes R. & Regs. tit. 9 § 354.1

Current through Register Vol. 46, No. 45, November 2, 2024

Section 354.1 - Definitions

(a) The term probation intake means a generic term used to describe a function of probation which provides for the rendering by probation personnel to members of the community of certain preadjudicatory services in family court matters and/or certain referral services, or a unit of a probation department performing such function.

(b) The term intake services means those services rendered by a probation department which include a case review and an evaluation thereof, and which in certain cases include the effecting of an adjustment without the necessity of intervention by the Family Court through conciliation, counseling and other means, and/or referring certain cases to court, or referring individuals to other agencies or persons where appropriate. Intake services include preliminary probation procedures, child-support and paternity referral services, and services rendered by court order.

(c) The term preliminary probation procedure means those intake services defined by The Family Court Act and uniform Family Court rules which authorize probation intake to:

(1) confer with potential petitioners, potential respondents and other interested persons about the advisability of filing a petition including the modification or enforcement of a court order; and

(2) attempt to aid in the adjustment of complaints in suitable cases, without the necessity of court intervention but with the voluntary concurrence of the potential petitioner, and the potential respondent in the case.

(d) The term child-support and paternity referral services means those intake services specified in section 256 (6)(a) of the Executive Law which require that the petitioner in certain cases arising under articles 4, 5 and 5-A of The Family Court Act involving child support and/or the establishment of paternity be referred to the child-support enforcement unit of a local department of social services.

(e) The term adjustment process means the process by which an adjustment is effected in a preliminary probation procedure case through the arranging by probation intake of certain activities or acts to be performed by a potential respondent or a potential petitioner and with their respective concurrence, in order to achieve the voluntary resolution of a matter.

(f) The term adjustment period means the time period during which probation intake is authorized to complete a preliminary probation procedure in a case pursuant to starting and duration dates specified in The Family Court Act and uniform Family Court rules.

(g) The term potential petitioner means the person in a case who would sign and file a petition with the court in order to commence a proceeding, including the modification or enforcement of a court order.

(h) The term potential respondent means the person against whom such a proceeding would be commenced by the filing of a petition and who, in such proceeding, would respond to and answer the allegations of the petition, including the modification or enforcement of a court order.

(i) The term referred for petition means the advisement by probation intake to the potential petitioner that a petition may be filed, whether or not a petition is actually filed.

(j) The term suitable cases means cases appropriate for adjustment which have not been excluded from an opportunity for adjustment by The Family Court Act, the uniform Family Court rules, court order, this Part, or other laws, rules and regulations.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 354.1