N.Y. Comp. Codes R. & Regs. tit. 9 § 356.5

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

Section 356.5 - General Requirements for Juvenile Delinquency Preliminary Procedure

(a) Each probation director shall establish and maintain preliminary procedure services for juvenile delinquency matters in accordance with the provisions of the Criminal Procedure Law, Executive Law, the Family Court Act, Uniform Rules for the Family Court, court order, and all other applicable laws, rules and regulations.

(b) The probation director shall develop, adopt, and disseminate to departmental staff written policies and procedures for the uniform provision of preliminary procedure services for juvenile delinquency matters. The policies and procedures shall address, at a minimum:

(1) Role of the probation officer in engaging youth and effecting behavioral change;

(2) Referral of appropriate cases to community resources;

(3) Use of graduated responses consistent with Part 352 titled GRADUATED RESPONSES;

(4) Where another court proceeding or other preliminary probation matter is pending; and

(5) Where the potential respondent is a probationer or under the supervision of another agency.

(c) Probation shall review complaints to determine eligibility and suitability for adjustment services. Where a case is deemed eligible and suitable for adjustment, probation shall make reasonable efforts at provision of intake and adjustment services, including screening and assessment. Such reasonable efforts shall:

(1) Be clearly documented in the case record;

(2) Attempt to prevent eligible and suitable youth from being the subject of a petition in family court;

(3) Include the sharing of resources, wherever appropriate and feasible, with other agencies and service providers to effectively and efficiently implement preliminary procedure.

(d) As part of initial conferencing with the potential respondent, parent or other person legally responsible for his/her care or any other interested person(s), the probation service shall inform such persons regarding the petition and Family Court processes as set forth in the URFC and explain the benefits of the youth engaging in and successfully completing adjustment services where the youth is eligible and suitable.

(e) The appearance ticket date at probation must be within fourteen (14) calendar days of issuance of the appearance ticket, except in cases involving a designated felony, in which case the return date shall be within 72 hours excluding Saturdays, Sundays, and public holidays. For youth removed from the Youth Part to Family Court for intake/adjustment services under Article 3 of the Family Court Act, the probation department shall conduct the initial conference within eight (8) business days of notification/receipt of the complaint.

(f) If the youth fails to appear at probation on the return date, probation may refer the matter directly to the presentment agency, or, in its discretion, may attempt to secure the attendance of the youth through written notification or telephone communication to the youth and parent/guardian, in accordance with FCA § 307.2(1).

(g) If the complainant does not appear on the return date, probation may, in its discretion, attempt to secure voluntary attendance, in accordance with FCA § 307.2(2). Probation efforts to communicate with the complainant, whether by phone, in writing, or in-person shall provide the complainant an opportunity to:

(1) Provide his/her version of the alleged juvenile delinquent act, provide any context for what may have led up to it, and describe the impact upon the complainant;

(2) Learn of possible case options and outcomes, and services available to complainant.

(h) Efforts to secure the attendance of the youth or voluntary attendance of the complainant shall not extend beyond seven days subsequent to the appearance ticket return date, and the probation service shall refer the matter to the appropriate presentment agency within such period, in accordance with FCA §§ 307.2(1) and 307.2(2).

(i) All youth who are deemed eligible and suitable for adjustment services shall be screened to determine the future risk of recidivism.

(j) Probation may conduct detention screening of appropriate cases to determine the risk of flight and the risk of committing a new offense pending disposition of the current matter.

(k) Probation may conduct relevant criminal history checks, as needed and appropriate, according to the policy of the division.

(l) Screening and assessment conducted by probation for diversion, investigation, or supervision purposes shall be done using state-approved risk and need assessment instruments.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 356.5

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