N.Y. Comp. Codes R. & Regs. tit. 9 § 357.8

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

Section 357.8 - Assessment, reassessment, case planning, and client engagement

(a) As part of diversion services, probation shall assess for risk and needs and utilize case planning tools and protocols, as approved by the Division of Criminal Justice Services, to:

(1) identify youth who are at moderate or high risk for continuing in the behaviors underlying the presenting problem to address the priority areas for intervention;

(2) complete a full risk and needs assessment at case opening and case closure for all medium and high-risk youth to ensure effective case planning and to measure change in dynamic risk and protective factors;

(3) develop case plans based on assessment results that focus on the priority areas for intervention to address the presenting problem;

(4) engage youth by providing evidence-based services through probation department and/or community-based service providers; and

(5) advocate for the youth's timely commencement of services and work closely through on-going communication with the service providers to monitor a youth's participation and progress in completing the services that address the needs identified in the case plan. Document in the case file the youth's and family's progress in the services.

(b) As part of assessment, case planning, and reassessment, probation shall use effective client engagement skills such as motivational interviewing with the youth, and where practicable, his/her family to:

(1) develop a case plan within 30 calendar days of the initial conference with the youth and parent(s) or other persons legally responsible for his/her care that addresses:

(i) priority dynamic risk and need areas for intervention;

(ii) objectives that build on existing protective factors;

(iii) roles and responsibilities of the youth, parent(s) or other persons legally responsible for his/her care, probation officer, and other service providers;

(iv) intended outcomes for successful case closure;

(v) input from parent(s) or other person(s) legally responsible for his/her care and youth to identify any barriers to meeting case plan goals;

(vi) engaging medium and higher risk youth in cognitive-behavioral programming, where appropriate, and available, with services provided either through the probation department or a community-based agency;

(vii) where available, referring youth to effective, community-based services to address the underlying issues resulting in the presenting problem;

(viii) referring to family-focused services, where appropriate, and available;

(ix) the appropriate level of intervention and contact based upon the youth's risk, needs and protective factors; and

(x) responsivity considerations;

(2) utilize the participation and/or services of community-based providers as appropriate;

(i) the assessment and approved case plan may be shared and reviewed with active service providers;

(3) include the youth, and the family, where practicable, in review of the assessment results and all case plans;

(4) Review and update the case plan on an ongoing basis to document any changes in priority areas, goals, action steps, roles and responsibilities, and progress; case notes should reflect progress in meeting the goals included in the caseplan.

(5) reassess all youth with open diversion cases within 60 calendar days of the initial case plan, and every 90 calendar days thereafter, to measure progress toward intended outcomes; and update the case plan in accordance with the results of reassessment; and

(6) reassess at case closing.

(c) Probation will work to address the needs identified in the assessment and case plan. The probation officer shall use effective client engagement skills such as motivational interviewing and other engagement tools to assist the youth in identifying the behavioral risks and understand how thinking/attitudes, associates and peers, chemical dependency, and other factors influence behavior.

(d) Probation will work to effectively engage youth to ensure that higher risk youth receive more intervention, contact, and evidence-based services. Front-loading probation and community service interventions is essential to achieving positive outcomes for youth. The probation officer shall use graduated responses to encourage and/or support pro-social behavior.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 357.8

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