N.Y. Comp. Codes R. & Regs. tit. 9 § 356.12

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

Section 356.12 - Case Closing Requirements

(a) There are three (3) case closing options

(1) Referred for Petition Immediately: the adjustment process was not commenced due to exclusionary or suitability criteria and referred to the presentment agency.

(2) Adjusted: the resolution of the complaint was achieved without court intervention or after the court ordered return of the matter as the result of preliminary procedure. This shall include cases that are resolved at the Initial Conference or after a period of adjustment services.

(i) A determination by probation that a case has been adjusted shall constitute presumptive evidence that the complaint has been addressed and cannot be used in any subsequent petition.

(ii) Cases shall be considered adjusted where:

(a) The potential respondent sufficiently participated in the adjustment process to resolve the complaint;

(b) The goals of the case plan have been addressed; and

(c) The case is closed administratively, in the interests of justice.

(3) Terminated Without Adjustment and Referred for Petition: the resolution of the complaint did not occur after commencement of the adjustment process.

(i) In accordance with URFC, probation may discontinue the adjustment process at any time if:

(a) the potential respondent requests that it do so; or

(b) the potential respondent refuses to cooperate with the probation service or any agency to which the youth or a member of the youth's family has been referred.

(ii) Additional considerations for discontinuance of adjustment efforts may include:

(a) the complainant insists on securing an order of protection including a temporary order of protection; or

(b) the potential respondent has harassed or menaced any party to the case, or is likely to continue to harass or menace any party to the case where such harassing or menacing is the subject of the complaint; or

(c) the potential respondent may endanger or is endangering his/her or another person's physical or emotional health; or

(d) it appears to probation intake that the potential respondent requires extended supervision, treatment or confinement.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 356.12

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

Amended New York State Register April 17, 2024/Volume XLIV, Issue 16, eff. 4/17/2024