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 357.6 - Probation intake

Current through Register Vol. 46, No. 28, July 10, 2024
Prior to commencing diversion services, probation shall
					 review the complaint to determine whether it is within the scope of FCA article
					 7.
(a) Where the behavior meets the
				  criteria set forth in FCA article 7, pre-diversion services may be provided as
				  an alternative to probation intake.
(b) Where it is determined that the complaint
				  is within the scope of FCA article 7 and the complainant seeks preliminary
				  procedure services, probation shall confer with any person seeking to file a
				  petition, the potential respondent, family, and other interested persons
				  concerning the provision of diversion services before any petition may be
				  filed. This shall include:
(1) offering
				  community-based alternatives to pre-dispositional placement where appropriate
				  and available;
(2) scheduling and
				  holding at least one conference with the youth and his or her family and the
				  person or representatives of the entity seeking to file a petition under this
				  article concerning alternatives to filing a petition and services that are
				  available. Where feasible, such conference shall be held jointly with all
				  parties present;
(3) the use of
				  effective client engagement skills such as motivational interviewing with the
				  youth, and where practicable, his/her family;
(4) identifying the level of youth risk for
				  continuing in the behaviors underlying the presenting problem using a
				  State-approved risk and needs assessment. A youth presenting as low risk shall
				  be considered for prompt termination of diversion efforts with minimal
				  probation intervention services;
(5) providing, at the first contact,
				  information on the availability of or referral to services in the geographic
				  area where the youth and family are located to reduce the risk of continuing in
				  the presenting behaviors and prevent the filing of a petition under this
				  article; including:
(i) residential respite:
				  availability of a residential respite program, for up to 21 calendar days, if
				  the youth and parent(s) or other persons legally responsible for his/her care
				  agree;
(ii) crisis intervention:
				  availability of other non-residential crisis intervention programs such as
				  family crisis counseling or alternative dispute resolution programs;
(iii) short-term safe house services:
				  availability of safe house services when the youth has been identified as
				  sexually exploited; and
(iv)
				  informal respite: availability of a temporary location (usually the home of a
				  family member or close friend) where the youth may stay during times of
				  escalating/increased stress or conflict in the youth's primary
				  residence.
(6) advising
				  the youth and parent(s) or other person(s) legally responsible for his/her care
				  of their rights and responsibilities, including the fact that they may be
				  barred from filing a petition where diversion services have been terminated
				  because of their failure to consent to or participate in diversion
				  services.