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 357.9 - Petition to court

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A complaint
				  may be referred for petition only after determining that there is no
				  substantial likelihood that the youth and family will benefit from further
				  attempts to remediate the behavior which gave rise to the complaint;
(b) No petition may be filed by the parent(s)
				  or other person(s) legally responsible for his/her care where diversion
				  services have been terminated because of the failure of the parent(s) or other
				  person(s) legally responsible for his/her care to consent to or participate in
				  diversion services.
(c) Where a
				  parent refuses to cooperate with services in a school-referred PINS matter, an
				  educational neglect report may be made regarding the parent(s) or other
				  person(s) legally responsible for his/her care where there has been a pattern
				  of illegal absences.
(d) Where the
				  matter involves truancy and/or ungovernable behavior at school and the youth is
				  a special education student, probation shall not refer the matter for petition
				  unless a Manifestation Determination hearing has been held by the Committee on
				  Special Education (CSE) and the school has provided such documentation to the
				  probation department and the court that the student's behaviors are not related
				  to the student's disability, thereby warranting court action;
(e) Once a petition is filed, diversion
				  efforts may continue pending court action in accordance with section
				  357.7(d)(2)  of this Part.
(f) Where
				  probation refers a matter for petition, it shall prepare a petition report to
				  the court. The petition report shall be approved and signed by a supervisor or
				  their designee. The report shall address all of the required elements for
				  filing, including:
(1) whether probation has
				  diligently attempted to prevent the filing of a PINS petition; and
(2) whether probation has assessed if the
				  youth would benefit from residential respite services; and
(3) whether probation has considered if
				  alternatives to pre-dispositional placement are appropriate to avoid remand of
				  the youth to pre-dispositional placement; and
(4) whether the potential petitioner has
				  complied with the requirements of preliminary procedure as set forth in FCA
				  section 735; and
(5) that probation
				  has terminated diversion services because it has determined that there is no
				  substantial likelihood that the youth and family will benefit from further
				  attempts; and
(6) that the
				  underlying issues of the complaint have not been resolved after attempting to
				  engage the youth and/or family in services or been unable to engage the youth
				  in services where such youth is a runaway; and
(7) where probation has determined that the
				  youth is a runaway whose current whereabouts are unknown, that the appropriate
				  police agency has been notified, and the parent(s) or other person(s) legally
				  responsible for his/her care are seeking a warrant from the court;
				  and
(8) where the potential
				  petitioner is the parent or other person(s) legally responsible for his/her
				  care, that there is no bar to the filing of the petition as the potential
				  petitioner consented to and participated in diversion services; and
(9) any previous actions probation has taken
				  with respect to the case, and the documentation of diligent attempts to provide
				  appropriate services; and
(10)
				  specific information regarding the unresolved issues related to the complaint;
				  and
(11) a recommendation as to the
				  feasibility of returning the case to probation diversion so that diversion
				  attempts may be undertaken; and
(12) attachment of any additional written
				  records that support the complaint.