N.Y. Comp. Codes R. & Regs. tit. 9 § 356.11

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

Section 356.11 - Removal from Youth Part of the Superior Court to Family Court for Probation Intake

(a) Where the Youth Part of the Superior Court has removed a case to Family Court for Probation Intake, probation shall thereafter notify the Family Court and/or presentment agency whether the case has been Referred for Petition Immediately, Successfully Adjusted or Terminated without Adjustment/Referred to Court, as follows;

Notification/Youth Part Case Removed to Family Court for Probation Intake:
Probation Intake Closing type:	Probation Department responsible to notify:
Referred for Petition Immediately	Family Court and Presentment Agency
Terminated without Adjustment; Referred for Petition	Family Court and Presentment Agency
Adjusted	Family Court

(b) If the petition alleged the commission of a designated felony act or the commission of a crime pursuant to FCA § 308.1(4), probation shall make a recommendation to the court regarding the suitability of adjusting the case (FCA § 320.6).

(c) Upon receipt of the Juvenile Delinquency accusatory instrument and supporting documents, probation shall take prompt action to conduct an initial conference with the youth and the parent/guardian per section 356.5(e) of this part.

(d) Upon the youth and parent or other person legally responsible for his/her care agreeing to participate in adjustment services, Probation shall document the case opening date as the date of the Initial Conference with the Probation Officer assigned to oversee adjustment services.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 356.11

Amended New York State Register March 27, 2019/Volume XLI, Issue 13, eff. 3/27/2019