New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter I - ADMINISTRATION OF PROBATION › Part 356 - Probation Services for Article 3 Juvenile Delinquency (JD) › Section 356.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The term
accountability measure
refers to consequences and policies
				  designed for youth to take responsibility for their actions and make amends by
				  repairing the harm done to the victim and/or community. Such measures may
				  include, but are not limited to accountability boards, apology letters,
				  behavioral contracts, community service, mediation, restitution, restorative
				  justice programs or projects and youth court.
(b) The term
actuarial risk
refers to the relative risk of the youth continuing the behaviors related to
				  the presenting problem. Actuarial risk calls for the administration and
				  delivery of more intensive services and supervision to higher-risk youth, while
				  lower risk cases may receive minimal intervention services. This requires a
				  system of screening for risk and assessing for criminogenic needs in a reliable
				  and valid manner to measure for static risks (that cannot be changed), and
				  dynamic risks (that can be changed). Actuarial risk assessments are used to
				  develop youth profiles of needs to be addressed to reduce the risk of
				  recidivism.
(c) The term
adjustment period
means the time during which probation intake
				  is authorized to complete a preliminary probation procedure in a case pursuant
				  to starting and duration dates specified in the Family Court Act (FCA) and
				  Uniform Rules for the Family Court (URFC).
(d) The term
adjustment
				  process
means an attempt to successfully resolve a complaint by
				  probation arranging certain activities or acts to be performed by a potential
				  respondent, parent or other person legally responsible for his/her care, the
				  victim or their representative, or any other relevant interested person, with
				  their respective concurrence, in order to achieve the voluntary resolution of a
				  matter.
(e) The term
adjustment services
means services provided by probation
				  pursuant to FCA §308.1 for the purpose of avoiding the need to file a petition
				  or direct the detention of the youth. The objective of adjustment services is
				  to provide prompt attention to: victim reparation, public safety, and the
				  reduction of future risk of recidivism. Such 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.
(f) The term
alternative to
				  detention
refers to interventions and strategies that may be offered
				  and/or imposed on youth being processed through the juvenile justice system,
				  that do not involve the youth being held in custody in either a secure or
				  non-secure detention facility. Alternatives to detention (ATD's) may be applied
				  at any point in juvenile justice processing, from arrest to disposition, or at
				  the post-dispositional stage when there is consideration for the youth to be
				  held in custody. The purpose of an ATD program is to safely reduce unnecessary
				  reliance on detention through the application of community based supervision
				  and services. Such supervision strategies may include, but are not limited to
				  electronic technologies, intensive case management, and respite.
(g) The term
case plan
means
				  the individual plan developed to provide adjustment services, and shall be
				  based on the actuarial risk and needs assessment. The plan shall be developed
				  by probation and shall include the participation of the youth, parent(s)/or
				  other person(s) legally responsible for his/her care; and input from the
				  complainant and service providers, as appropriate. The plan shall be developed
				  to remediate the behavior which gave rise to the complaint. It shall
				  incorporate protective factors and strengths, and shall address the identified
				  risks and needs.
(h) 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 through the use of various
				  tools including, but not limited to, motivational interviewing, role play, and
				  skill building in order to help the youth better understand the relationship
				  between criminal thinking and criminal behavior. 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
				  recidivism.
(i) The term
commissioner
shall mean the Commissioner of the division of
				  criminal justice services.
(j) The
				  term
complaint
means a written statement of essential facts
				  constituting the alleged act of juvenile delinquency.
(k) The term
conference
means the process of meeting with the parties in real time, either in-person,
				  by telephone, through videoconference, or other electronic media.
(l) The term contact means a communication
				  with or concerning the youth, in-person, by telephone, by mail, or by
				  electronic means. Specific types of contacts are as follows:
(1) The term collateral contact means a
				  contact to objectively verify information regarding the youth with someone or
				  some source other than the youth, including his/her compliance and progress
				  toward achieving the case plan goals. Such contacts can be in-person, by mail,
				  by telephone, or by electronic means.
(2) The term in-person contact means a
				  real-time meeting between a probation officer and youth where both parties are
				  in the same place at the same time.
(3) The term
positive home
				  contact
means an in-person meeting with a youth in his or her
				  home.