N.Y. Comp. Codes R. & Regs. tit. 9 § 356.7

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

Section 356.7 - Adjustment Services

(a) In providing adjustment services, probation shall:

(1) Document the case opening date as the date the youth and the parent or other person legally responsible for his/her care appear for the Initial Conference with the probation officer assigned to oversee adjustment services. For youth receiving an Initial Intake Conference with a probation assistant, the assigned probation officer shall meet with the youth within five (5) business days of that Initial Intake Conference;

(2) Conduct a mental health screen at the initial conference, for youth cases opened for adjustment services. Such screening instrument shall be approved by the state and administered by staff approved to do so by the Probation Director/designee.

(3) Assess for the sexual exploitation of youth using a state-approved instrument and ensure that youth identified as sexually exploited are referred to available and appropriate services including but not limited to safe house services in accordance with the Safe Harbour Act.

(4) Provide written notice to the complainant that the case has been opened for adjustment services;

(5) Make reasonable attempts to provide adjustment services in accordance with the general requirements of this Part;

(6) Screen the youth using a state-approved risk screening instrument to identify the level of risk for the youth continuing in his/her behaviors underlying the presenting problem;

(7) Attempt to adjust low risk youth with minimal intervention services;

(8) Not permit the inability of the youth or the youth's family to make restitution as a factor in deciding to adjust a case or in making a recommendation to the presentment agency, in accordance with FCA § 308.1(2);

(9) Provide, at the first contact or as early as practicable, information on the availability of or referral to services in the geographic area where the youth and family are located to reduce the risk of recidivism and prevent the filing of a petition;

(10) Target the underlying risk factors related to the presenting problem behavior(s) which gave rise to each complaint;

(11) Secure from the parent(s) or other person(s) legally responsible for his/her care all necessary consents for release of information regarding the youth;

(12) Make referrals for service as needed, based on the results of state-approved risk and needs assessment;

(13) Prioritize resources to higher risk youth and target interventions to reduce dynamic risk factors; and

(14) Be knowledgeable of, cooperate with, and utilize available community resources, wherever appropriate, as part of the adjustment process.

(15) For youth removed from the Youth Part of Superior Court to the Family Court to receive intake and adjustment services under Article 3, the probation department may consider and credit the youth's participation in Voluntary Assessment and Case Planning services while in the Youth Part, which may reduce the time needed for adjustment services depending upon the youth's progress in addressing criminogenic needs.

(b) In addition to providing community-based intervention services that target specific dynamic risk factors, probation should work to effectively engage the youth and family in appropriate services leading to successful adjustment.

(c) Electronic monitoring may only be used with probation director consent and upon specific court order.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 356.7

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