N.Y. Comp. Codes R. & Regs. tit. 9 § 357.7

Current through Register Vol. 46, No. 25, June 18, 2024

Section 357.7 - Diversion services

(a) In the provision of diversion services, probation shall:

(1) provide written notice to the complainant that the case has been opened for diversion services;

(2) make diligent efforts to provide diversion services in accordance with the general requirements of this Part;

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

(4) make referrals for service as needed, based on the results of a State approved risk and needs assessment instrument; and

(5) prioritize resources to higher risk youth and target interventions to reduce dynamic risk factors.

(b) In addition to providing community-based intervention services that target specific dynamic risk factors, probation shall work to effectively engage the youth and family in appropriate and available services that support positive youth development and lead to successful outcomes.

(c) Electronic monitoring may only be used with probation director consent and upon specific court order. Absent a directive from the Court for a specified time period, Probation shall ensure the cumulative application of electronic monitoring not exceed 90 days for each diversion case.

(d) Probation may continue diversion efforts:

(1) until the complaint is successfully resolved or the designated lead agency determines that there is no substantial likelihood that the youth and family will benefit from further services;

(2) after the filing of a petition where the designated lead agency determines that the youth and family will benefit from further attempts to prevent the youth from entering foster care.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 357.7

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