N.Y. Comp. Codes R. & Regs. tit. 9 § 357.6

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

Section 357.6 - Probation intake

Prior to commencing diversion services, probation shall review the complaint to determine whether it is within the scope of FCA article 7.

(a) Where the behavior meets the criteria set forth in FCA article 7, pre-diversion services may be provided as an alternative to probation intake.

(b) Where it is determined that the complaint is within the scope of FCA article 7 and the complainant seeks preliminary procedure services, probation shall confer with any person seeking to file a petition, the potential respondent, family, and other interested persons concerning the provision of diversion services before any petition may be filed. This shall include:

(1) offering community-based alternatives to pre-dispositional placement where appropriate and available;

(2) scheduling and holding at least one conference with the youth and his or her family and the person or representatives of the entity seeking to file a petition under this article concerning alternatives to filing a petition and services that are available. Where feasible, such conference shall be held jointly with all parties present;

(3) the use of effective client engagement skills such as motivational interviewing with the youth, and where practicable, his/her family;

(4) identifying the level of youth risk for continuing in the behaviors underlying the presenting problem using a State-approved risk and needs assessment. A youth presenting as low risk shall be considered for prompt termination of diversion efforts with minimal probation intervention services;

(5) providing, at the first contact, 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 continuing in the presenting behaviors and prevent the filing of a petition under this article; including:

(i) residential respite: availability of a residential respite program, for up to 21 calendar days, if the youth and parent(s) or other persons legally responsible for his/her care agree;

(ii) crisis intervention: availability of other non-residential crisis intervention programs such as family crisis counseling or alternative dispute resolution programs;

(iii) short-term safe house services: availability of safe house services when the youth has been identified as sexually exploited; and

(iv) informal respite: availability of a temporary location (usually the home of a family member or close friend) where the youth may stay during times of escalating/increased stress or conflict in the youth's primary residence.

(6) advising the youth and parent(s) or other person(s) legally responsible for his/her care of their rights and responsibilities, including the fact that they may be barred from filing a petition where diversion services have been terminated because of their failure to consent to or participate in diversion services.

(c) Where the complainant is a school district or local educational agency, probation shall review the steps taken by the school district or local educational agency to improve the youth's attendance and/or conduct in school and attempt to engage the school district or local educational agency in further diversion attempts, if it appears that such attempts will be beneficial to the youth.

(d) Where the complainant states that the youth has run away or is staying away from home, the probation department:

(1) shall gather information from the parent(s) or other person(s) legally responsible for his/her care regarding possible contact information, and what efforts have been made to locate the youth; and

(2) may attempt to contact a runaway or stayaway youth for the purpose of engaging the youth and family in diversion services; and

(3) shall inform the parent(s) or other person(s) legally responsible for his/her care that they must file a report with police where it is determined that the youth's whereabouts are unknown; and

(4) may refer the matter for petition for the purpose of seeking a warrant where efforts to locate and engage the youth are unsuccessful.

(e) Probation shall attempt to 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, and shall further request from the school certain information deemed pertinent to the presenting behaviors. For school-based complaints, where parents refuse such consent, probation may refer the matter for petition for the purpose of requesting a court order to direct either the parent or other person(s) legally responsible for his/her care to sign a release of information for school records or for the court on its own volition, to direct the release of information from school authorities. Where appropriate, probation may recommend that the school pursue an educational neglect report.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 357.6

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