New York Codes, Rules and Regulations
Title 9 - EXECUTIVE DEPARTMENT
Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES
Chapter I - ADMINISTRATION OF PROBATION
Part 354 - Intake
Section 354.4 - General requirements for intake

(1) Probation intake shall be established and maintained by a probation director in each probation department pursuant to the provisions of the Executive Law, The Family Court Act, uniform Family Court rules, court order, rules and regulations herein, and other laws, rules and regulations.

(2) The probation director shall provide for, adopt and disseminate to probation intake, written procedures for the rendering of all intake services, shall review such procedures at least annually to ensure that they are current with existing law and local probation practice, and shall conform such procedures thereto as may be required from time to time.

(3) The probation director shall ensure that all such procedures so adopted for probation intake comply with all applicable laws, rules, regulations and court orders.

(1) Intake services rendered by probation intake shall at least, and in addition to all other requirements of law, rule, regulation or court order, include the conferring with all persons referred to probation for the rendering of preliminary probation procedures, relative to the advisability of filing a petition, including the modification and enforcement of a court order, and providing such persons with an opportunity to adjust suitable cases.

(2) Intake services shall also include the prompt advisement of potential petitioners and respondents that they may not be prevented from either filing a petition or having access to the court for such purposes, that they may not be compelled to appear or participate in any conference scheduled by probation intake or produce any papers, and that they may have their lawyer present.

(3) The probation director shall provide, adopt and disseminate, to his probation intake, additional written criteria and procedures when necessitated by court order or local circumstances.

(4) Any such criteria adopted by a probation director shall be consistent with and shall not supersede The Family Court Act, uniform Family Court rules, court order, this Part, or other laws, rules or regulations.

(5) Probation intake shall be knowledgeable of, cooperate with, and utilize community resources, wherever appropriate, as part of the adjustment process. The probation director shall provide for, adopt and disseminate, to his probation intake, written policies and procedures for referring appropriate cases to community resources.