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 356.7 - Adjustment Services

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In
				  providing adjustment services, probation shall:
(1) Document the case opening date as the
				  date the youth and the parent or other person legally responsible for his/her
				  care appear for the Initial Conference with the probation officer assigned to
				  oversee adjustment services. For youth receiving an Initial Intake Conference
				  with a probation assistant, the assigned probation officer shall meet with the
				  youth within five (5) business days of that Initial Intake
				  Conference;
(2) Conduct a mental
				  health screen at the initial conference, for youth cases opened for adjustment
				  services. Such screening instrument shall be approved by the state and
				  administered by staff approved to do so by the Probation
				  Director/designee.
(3) Assess for
				  the sexual exploitation of youth using a state-approved instrument and ensure
				  that youth identified as sexually exploited are referred to available and
				  appropriate services including but not limited to safe house services in
				  accordance with the Safe Harbour Act.
(4) Provide written notice to the complainant
				  that the case has been opened for adjustment services;
(5) Make reasonable attempts to provide
				  adjustment services in accordance with the general requirements of this
				  Part;
(6) Screen the youth using a
				  state-approved risk screening instrument to identify the level of risk for the
				  youth continuing in his/her behaviors underlying the presenting
				  problem;
(7) Attempt to adjust low
				  risk youth with minimal intervention services;
(8) Not permit the inability of the youth or
				  the youth's family to make restitution as a factor in deciding to adjust a case
				  or in making a recommendation to the presentment agency, in accordance with FCA
				  § 308.1(2);
(9) Provide, at the
				  first contact or as early as practicable, 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 recidivism and prevent the filing of a
				  petition;
(10) Target the
				  underlying risk factors related to the presenting problem behavior(s) which
				  gave rise to each complaint;
(11)
				  Secure from the parent(s) or other person(s) legally responsible for his/her
				  care all necessary consents for release of information regarding the
				  youth;
(12) Make referrals for
				  service as needed, based on the results of state-approved risk and needs
				  assessment;
(13) Prioritize
				  resources to higher risk youth and target interventions to reduce dynamic risk
				  factors; and
(14) Be knowledgeable
				  of, cooperate with, and utilize available community resources, wherever
				  appropriate, as part of the adjustment process.
(15) For youth removed from the Youth Part of
				  Superior Court to the Family Court to receive intake and adjustment services
				  under Article 3, the probation department may consider and credit the youth's
				  participation in Voluntary Assessment and Case Planning services while in the
				  Youth Part, which may reduce the time needed for adjustment services depending
				  upon the youth's progress in addressing criminogenic needs.