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 205.30 - Preliminary probation conferences and procedures (support)

Current through Register Vol. 46, No. 28, July 10,
				  2024
(a)
				  Any person except a commissioner of social services, a social services official
				  or a person who is receiving paternity and support services pursuant to section
				  111-g of
				  the Social Services Law, seeking to file a petition for support under article 4
				  of the Family Court Act, may first be referred to the probation service
				  concerning the advisability of filing a petition.
(b) The probation service shall
				  be available to meet and confer concerning the advisability of filing a
				  petition with the person seeking to file a petition for support, the potential
				  respondent and any other interested person no later than the next regularly
				  scheduled court day. The probation service shall permit any participant who is
				  represented by a lawyer to be accompanied at any preliminary conference by the
				  lawyer, who shall be identified by the probation officer to the other party,
				  and shall not discourage any person from seeking to file a petition.
(c) At the first appearance at a
				  conference by each of the persons listed in subdivision (b) of this section,
				  the probation service shall inform such person concerning the function and
				  limitations of, and the alternative to, the adjustment process, and that:
(1) the purpose of the
				  adjustment process is to discover whether it will be possible to arrive at a
				  voluntary agreement for support without filing a petition;
(2) the person seeking to file a
				  petition for support is entitled to request that the probation service confer
				  with him or her, the potential respondent and any other interested person
				  concerning the advisability of filing a petition for support under article 4 of
				  the Family Court Act;
(3) if the assistance of the probation
				  service is not requested or, if requested, is subsequently declined, the person
				  seeking to file a petition for support is entitled to have access to the court
				  at any time for that purpose and may proceed to file a petition for
				  support;
(4) the
				  probation service is not authorized to, and shall not, compel any person,
				  including the person seeking support, to appear at any conference, produce any
				  papers or visit any place;
(5) the adjustment process must commence
				  within 15 days from the date of the request for a conference, may continue for
				  a period of two months from the date of that request, and may be extended for
				  an additional 60 days upon written application to the court containing the
				  consent of the person seeking to file a petition;
(6) if the adjustment process is
				  not successful, the persons participating therein shall be notified in writing
				  of that fact and that the person seeking to file a petition for support is
				  entitled to access to the court for that purpose; and
(7) if the adjustment of the
				  matter results in a voluntary agreement for support of the petitioner and any
				  dependents:
(i) it shall be
				  reduced to writing by the probation service, signed by both parties to it, and
				  submitted to the Family Court for approval;
(ii) if the court approves it, the court
				  may, without further hearing, enter an order for support pursuant to section
				  425 of the
				  Family Court Act in accordance with the agreement;
(iii) the order when entered
				  shall be binding upon the parties and shall in all respects be a valid order,
				  and the Family Court may entertain a proceeding for enforcement of the order
				  should there not be compliance with the order; and
(iv) unless the agreement is
				  submitted to the Family Court and an order is issued, the Family Court will not
				  entertain a proceeding for the enforcement of the agreement should the
				  agreement not be complied with.