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 205.62 - Preliminary diversion conferences and procedures (PINS)

Current
				  through Register Vol. 46, No. 28, July 10, 2024
(a) Any person seeking to
				  originate a proceeding under article 7 of the Family Court Act to determine
				  whether a child is a person in need of supervision shall first be referred to
				  the designated lead diversion agency, which may be either the probation service
				  or the local Department of Social Services. The clerk shall not accept any
				  petition for filing that does not have attached the notification from the lead
				  diversion agency required by section
				  735 of the
				  Family Court Act and, in the case of a petition filed by a school district or
				  school official, documentation of the efforts made by the school district or
				  official to remediate the child's school problems.
(b) The lead diversion agency
				  shall begin to conduct preliminary conferences with the person seeking to
				  originate the proceeding, the potential respondent and any other interested
				  person, on the same day that such persons are referred to the diversion agency
				  in order to gather information needed to assist in diversion of the case from
				  petition, detention and placement through provision of or referral for
				  services. The diversion agency shall permit any participant who is represented
				  by a lawyer to be accompanied by the lawyer at any preliminary
				  conference.
(c) During
				  the preliminary conferences, the diversion agency shall ascertain, from the
				  person seeking to originate the proceeding, a brief statement of the underlying
				  events, an assessment of whether the child would benefit from diversion
				  services, respite care and other alternatives to detention 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. Such factors include whether
				  there is a substantial probability that the respondent would not be likely to
				  appear in court if released, whether he or she would be likely to benefit from
				  diversion services, whether all available alternatives to detention have been
				  exhausted and, in the case of a child 16 years of age or older, whether special
				  circumstances exist warranting detention. The diversion agency shall also
				  gather information to aid the court in its determination of whether remaining
				  in the home would be contrary to the child's best interests and, where
				  appropriate, whether reasonable efforts were made to prevent or eliminate the
				  need for removal of the child from his or her home.
(d) At the first appearance at a
				  conference by each of the persons listed in subdivision (b) of this section,
				  the diversion agency shall inform such person concerning the function of the
				  diversion process, and that:
(1)
				  he or she has the right to participate in the diversion process;
(2) the diversion agency is not
				  authorized to and cannot compel any person to appear at any conference, produce
				  any papers or visit any place, but if the person seeking to originate the
				  proceeding does not cooperate with the diversion agency, he or she will not be
				  able to file a petition. The court may direct the parties to cooperate with the
				  diversion agency even after a petition has been filed;
(3) statements made to the
				  diversion agency are subject to the confidentiality provisions contained in
				  section
				  735 of the
				  Family Court Act;
(4)
				  if the diversion process is not successfully concluded for reasons other than
				  the noncooperation of the person seeking to originate the proceeding, the
				  diversion agency shall notify the person seeking to originate the proceeding in
				  writing of that fact and that the person seeking to originate the proceeding is
				  entitled to access to the court for the purpose of filing a petition; oral
				  notification shall be confirmed in writing.