New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter I - ADMINISTRATION OF PROBATION › Part 357 - INTAKE FOR ARTICLE 7 › Section 357.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The term
accountability measure
refers to practices designed for youth
				  to take responsibility for their actions. Such measures may include, but are
				  not limited to apology letters, behavioral contracts, mediation, community
				  service, restorative justice programs or projects, peer court and school
				  attendance tracking.
(b) The term
case plan
means the individual plan developed to provide
				  diversion services to address the needs identified in the assessment. The plan
				  shall include participation of the youth, parent(s) or other person(s) legally
				  responsible for his/her care; and with input from the complainant and/or other
				  service providers, as appropriate. The plan shall be developed to remediate the
				  behavior which gave rise to the complaint. It shall address the identified
				  risks and needs and shall incorporate protective factors.
(c) The term
client
				  engagement
refers to the effective delivery of probation services to
				  medium and higher risk youth by identifying which stage of change the youth is
				  in and determining his/her motivation to change. The probation officer
				  successfully engages the youth and family through the use of various tools
				  including, but not limited to, motivational interviewing, role playing, and
				  skill building. Client engagement is a probation officer skill-based approach
				  to building understanding and trust with the youth in a culturally competent
				  and trauma informed way with the goal of empowering the youth to make
				  sustainable changes in behavior and avoid continuing the pattern of problematic
				  behavior.
(d) The term
complainant
means the person or agency who seeks to file a
				  petition, as described under Family Court Act (FCA) section 733, including: a
				  peace officer, acting pursuant to his/her special duties, or a police officer;
				  the parent(s) or other person(s) legally responsible for his/her care; any
				  person who has suffered injury as a result of the alleged activity of a person
				  alleged to be in need of supervision, or a witness to such activity; the
				  recognized agents of any duly authorized agency, association, society or
				  institution; or the presentment agency.
(e) The term
complaint
means
				  a written statement of essential facts constituting the alleged PINS
				  behavior.
(f) The term
conference
means the process of meeting with the parties in
				  real time, either in-person, by telephone, or through videoconference, or other
				  electronic media.
(g) The term
diligent efforts
means the sufficient attempts to engage the
				  youth and family in the constructive resolution of the complaint through the
				  provision of services that target the specific identified needs and behaviors
				  which gave rise to the complaint. These efforts shall take into account
				  available school, community, and cross-systems resources. The use of
				  accountability measures, disciplinary actions and/or other sanctions,
				  including, but not limited to, curfews, and court ordered electronic
				  monitoring, without attempting the use of intervention services, shall not
				  suffice in meeting the diligent efforts standard.
(h) The term
diversion
				  services
means services provided to children and families pursuant to
				  FCA section 735 for the purpose of avoiding the need to file a petition or
				  direct the pre-dispositional placement of the child. Diversion services shall
				  include: efforts to adjust cases before a petition is filed, or by order of the
				  court, after the petition is filed but before fact-finding is commenced; and
				  preventive services provided in accordance with section 409-a  of Social
				  Services Law to avert the placement of the child into foster care, including
				  crisis intervention and respite services pursuant to FCA section 712.
(i) The term
evidence-based
				  practice
means practice that is demonstrated through data-supported
				  research and evaluation to be effective in producing the desired
				  outcome.
(j) The term
graduated responses
means a system of incentives, sanctions,
				  and/or referral to evidence-based services. The use of incentives/rewards
				  should include, but not be limited to, encouragement by the probation officer,
				  verbal praise, letter of recognition and easing of restrictions. The use of
				  sanctions should include, but not be limited to, the imposition of
				  progressively more severe or restrictive actions for continued non-compliance
				  such as increased interventions and appearance at a departmental
				  conference.
(k) The term
intervention service
refers to a service delivered by the
				  probation department or through a community-based service provider which
				  targets dynamic risk factors related to the presenting complaint, such as
				  cognitive-behavioral interventions, interactive journaling, skill-building,
				  family-focused treatment, mental health and substance abuse treatment,
				  school-based interventions, educational/vocational services, and other evidence
				  based programs and practices.
(l)
				  The term
manifestation determination
refers to a New York
				  State Education Department (SED) mandated procedure. It is a review by the
				  Committee on Special Education (CSE) to establish the relationship between the
				  student's disability and the behavior subject to disciplinary action (which
				  includes a PINS referral), and to determine whether the behavior is a
				  manifestation of the disability.
(m) The term
no substantial
				  likelihood
means the probability that further or additional services
				  will not resolve the underlying issues that resulted in the presenting problem
				  because either: all appropriate services have been exhausted; the youth was not
				  available to participate in such services; or the youth or parent(s) or other
				  person(s) legally responsible for his/her care did not engage in such
				  services.
(n) The term Person In
				  Need of Supervision (PINS) means a person less than 18 years of age who does
				  not attend school in accordance with Article 65 of the Education Law or who is
				  ungovernable, or habitually disobedient, and is beyond the lawful control of
				  the parent(s) or other person(s) legally responsible for his/her care, or other
				  lawful authority, or who appears to be a sexually exploited child, but only if
				  the child consents to the filing of a petition under this article pursuant to
				  Penal Law Section 230.00. A pattern of behavior must be documented for
				  complaints involving PINS behavior other than running away or, staying
				  away.
(o) The term
petition
				  report
means a written report, prepared by probation pursuant to the
				  requirements of section 357.9  of this Part.
(p) The term
positive youth
				  development
is an intentional, prosocial approach that engages youth
				  within their communities, schools, organizations, peer groups and families in a
				  manner that is productive and constructive; recognizes, utilizes, and enhances
				  youth strengths; and promotes positive outcomes for youth by providing
				  opportunities, fostering positive relationships, and furnishing the support
				  needed to build on their strengths.
(q) The term
potential
				  respondent
means a youth who is the subject of a PINS complaint, and
				  who meets the definition of PINS pursuant to FCA section 712 and as defined in
				  this section.
(r) The term
pre-dispositional placement
refers to the temporary care and
				  maintenance of youths away from their own homes.
(s) The term
pre-diversion
				  services
means services to youth whose behavior meets the criteria for
				  FCA article 7 cases, where the potential complainant, youth and family are
				  engaged in an attempt to address the underlying issues resulting in the
				  presenting problem as an alternative to proceeding with a complaint at
				  probation intake.
(t) The term
preliminary procedure
means all efforts prior to the filing of
				  a petition, including: providing an immediate response to families in crisis;
				  identifying and utilizing appropriate alternatives to pre-dispositional
				  placement; and other services to divert youth from being the subject of a
				  petition in Family Court. Preliminary procedure includes probation intake and
				  diversion services.
(u) The term
probation intake
means the initial process of conferring with
				  the complainant, potential respondent, the parent(s) or other person(s) legally
				  responsible for his/her care, and any other interested person whose
				  participation in diversion services would be, in the opinion of the probation
				  officer, beneficial to the potential respondent for the purpose of avoiding the
				  need to file a petition or directing the pre-dispositional placement of the
				  youth.
(v) The term
protective factor
means certain strengths or assets that have
				  been demonstrated by research to reduce risk of negative outcomes.
(w) The term
referred for
				  petition
means the advisement by probation to the complainant that a
				  petition may be filed, whether or not a petition is actually filed.
(x) The term
responsivity
means applying interventions that are tailored to the unique characteristics of
				  an individual youth. Intervention services are maximized when treatment and
				  accountability measures consider the youth's personal characteristics such as
				  age, sex, gender expression, mental health needs, cognitive skill, literacy,
				  primary language, and stabilization needs, and when services are provided in a
				  culturally competent and trauma informed way.
(y) The term
risk and needs
				  assessment
means a validated protocol approved by the Commissioner of
				  the Division of Criminal Justice Services to screen and assess a youth's risk
				  for continuing in the presenting PINS behavior.
(z) The term
risk factor
means a specific area of influence that increases the likelihood that a youth
				  will engage in problematic behavior. Risk factors may be static (cannot be
				  changed) or dynamic (can be changed).
(aa) The term
runaway
means
				  a youth whose whereabouts are unknown to the parent(s) or other person(s)
				  legally responsible for his/her care.
(ab) The term
stayaway
means
				  a youth who has left home without permission from the parent(s) or other
				  person(s) legally responsible for his/her care, and the youth's whereabouts are
				  known, but he/she has indicated no intention to return.
(ac) The term
successfully
				  diverted
means a determination by probation that the risks and needs
				  related to the presenting problem have been satisfactorily addressed and the
				  complaint has been adjusted or the youth has received maximum benefit from the
				  intervention(s).
(ad) The term
truancy
refers to any intentional, unjustified, unauthorized,
				  or illegal absence from compulsory education as defined in the New York State
				  Education Law article 65 part 1.