New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 205 - Uniform Rules For The Family Court › Section 205.22 - Preliminary probation conferences and procedures (juvenile delinquency)

Current through Register Vol. 46, No. 28, July 10,
				  2024
(a)
				  The probation service shall conduct preliminary conferences with any person
				  seeking to have a juvenile delinquency petition filed, the potential respondent
				  and other interested persons, including the complainant or victim, on the same
				  day that such persons appear at a probation service pursuant to section
				  305.2
				  (4)(a),
				  307.1 or
				  320.6 of the
				  Family Court Act, concerning the advisability of requesting that a juvenile
				  delinquency petition be filed and in order to gather information needed for a
				  determination of the suitability of the case for adjustment. The probation
				  service shall permit any participant who is represented by a lawyer to be
				  accompanied by the lawyer at any preliminary conference.
(b) During the preliminary
				  probation conferences, the probation service shall ascertain, from the person
				  seeking to have a juvenile delinquency petition filed, a brief statement of the
				  underlying events and, if known to that person, a brief statement of factors
				  that would be of assistance to the court in determining whether the potential
				  respondent should be detained or released in the event that a petition is
				  filed.
(c) In order to
				  determine whether the case is suitable for the adjustment process, the
				  probation service shall consider the following circumstances, among others:
(1) the age of the potential
				  respondent; and
(2)
				  whether the conduct of the potential respondent allegedly involved:
(i) an act or acts causing or
				  threatening to cause death, substantial pain or serious physical injury to
				  another;
(ii) the use
				  or knowing possession of a dangerous instrument or deadly weapon;
(iii) the use or threatened use
				  of violence to compel a person to engage in sexual intercourse, deviant sexual
				  intercourse or sexual contact;
(iv) the use or threatened use of
				  violence to obtain property;
(v) the use or threatened use of deadly
				  physical force with the intent to restrain the liberty of another;
(vi) the intentional starting of
				  a fire or the causing of an explosion which resulted in damage to a
				  building;
(vii) a
				  serious risk to the welfare and safety of the community; or
(viii) an act which seriously
				  endangered the safety of the potential respondent or another person;
(3) whether there is
				  a substantial likelihood that a potential respondent will not appear at
				  scheduled conferences with the probation service or with an agency to which he
				  or she may be referred;
(4) whether there is a substantial
				  likelihood that the potential respondent will not participate in or cooperate
				  with the adjustment process;
(5) whether there is a substantial
				  likelihood that, in order to adjust the case successfully, the potential
				  respondent would require services that could not be administered effectively in
				  less than four months;
(6) whether there is a substantial
				  likelihood that the potential respondent will, during the adjustment process:
(i) commit an act which, if
				  committed by an adult, would be a crime; or
(ii) engage in conduct that endangers the
				  physical or emotional health of the potential respondent or a member of the
				  potential respondent's family or household; or
(iii) harass or menace the complainant,
				  victim or person seeking to have a juvenile delinquency petition filed, or a
				  member of that person's family or household, where demonstrated by prior
				  conduct or threats;
(7) whether there is pending another
				  proceeding to determine whether the potential respondent is a person in need of
				  supervision, a juvenile delinquent or a juvenile offender;
(8) whether there have been
				  prior adjustments or adjournments in contemplation of dismissal in other
				  juvenile delinquency proceedings;
(9) whether there has been a prior
				  adjudication of the potential respondent as a juvenile delinquent or juvenile
				  offender;
(10) whether
				  there is a substantial likelihood that the adjustment process would not be
				  successful unless the potential respondent is temporarily removed from his or
				  her home and that such removal could not be accomplished without invoking the
				  court process; and
(11) whether a proceeding has been or
				  will be instituted against another person for acting jointly with the potential
				  respondent.