N.Y. Comp. Codes R. & Regs. tit. 9 § 357.5

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

Section 357.5 - General requirements for PINS preliminary procedure

(a) Each probation director shall establish and maintain written policies and procedures regarding preliminary procedure services pursuant to their responsibilities as designated by the county, in accordance with the provisions of the Executive Law, the Family Court Act, court order, and all other applicable laws, rules and regulations. These policies and procedures shall include:

(1) reasonable timeframes for the initiation of preliminary procedure;

(2) criteria for determining standards of "diligent efforts" and "no substantial likelihood that the youth and family will benefit from continued services";

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

(4) screening and assessments for risk of continuing in the problematic behavior and for the sexual exploitation of youth shall be done using state-approved instruments; and

(5) conducting a mental health screen with a state-approved instrument with the consent of the youth and parent(s) and/or other person(s) legally responsible for his/her care.

(b) Probation shall provide intake and diversion services, which shall include diligent efforts to engage the youth and family in appropriately targeted community-based services. Such diligent efforts shall:

(1) Be clearly documented in the case record;

(2) Be designed to provide an immediate response to families in crisis;

(3) Identify and utilize appropriate alternatives to pre-dispositional placement;

(4) Attempt to divert youth from being the subject of a petition in family court;

(5) Include screening and assessment using a state-approved risk and needs assessment instrument;

(6) Include assessing for the sexual exploitation of youth using a state-approved instrument, 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; and

(7) Include conducting a mental health screening at the initial conference using a state-approved instrument for cases opened for diversion services and where consent has been provided.

(c) Where the youth is not attending school and is beyond the compulsory education age, a parental complaint may be made based on ungovernable behavior.

(d) Where the matter involves truancy and or ungovernable and/or habitually disobedient behavior in school and the youth is a special education student, probation shall gather information from the Committee on Special Education regarding the youth's behaviors and any relationship to the youth's disability. Probation may require a Manifestation Determination before accepting a school-filed complaint.

(e) For all school-based referrals, the probation director shall develop a procedure by which:

(1) schools shall report the steps taken to improve the youth's attendance and/or conduct in school;

(2) before accepting a school referral, the probation department shall determine that diligent efforts have been made by the school, taking into account the available school and community resources and the needs of the youth. Disciplinary actions alone shall not suffice as diligent efforts; and

(3) where available, probation may refer the matter to an educational advocacy program.

(f) Where the school district or local educational agency is not the potential petitioner the designated lead agency shall contact such district or agency to resolve the truancy or school behavior problems of the youth in order to obviate the need to file a petition or, at minimum, to remediate the education-related allegations of the proposed petition.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 357.5

Amended New York State Register March 31, 2021/Volume XLIII, Issue 13, eff. 3/31/2021

Amended New York State Register March 29, 2023/Volume XLV, Issue 13, eff. 3/29/2023