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 354.7 - Case recordkeeping requirements
Universal Citation: 9 NY Comp Codes Rules and Regs ยง 354.7
Current through Register Vol. 46, No. 12, March 20, 2024
(a) In addition to complying with Part 348 of this Chapter, case records shall comply with the below-listed requirements:
(1) A record shall be maintained on all
suitable cases which have been excluded from any opportunity for adjustment and
referred for petition immediately. In all cases, the record shall include the
article of the Family Court Act under which the case arises, the exclusionary
criteria utilized and rationale for exclusion, the date the case was closed,
and a statement that the case was referred for petition immediately. In cases
where the basis for the referral for petition immediately was not an insistence
upon access to the court, the record shall also include a description of the
complaint in the case.
(2) The
records of cases, terminated matter not pursued, and Family Court article 8
cases referred to Criminal Court shall, at least, include a statement as to the
circumstances which precluded the commencement or continuation of the
adjustment process.
(3) The records
of cases which are not referred for petition immediately or are not terminated
matter not pursued shall include the below-listed information:
(i) a description of the complaint in the
case and the article of The Family Court Act under which a petition may be
filed;
(ii) information to the
effect that the potential petitioner and the potential respondent were advised
of their rights and of the limits of the adjustment process as specified in the
Family Court Act, the Uniform Family Court Rules and this Part.
(iii) information to the effect that the
participation in the adjustment process by the potential petitioner and the
potential respondent, as well as any other person made a part of the adjustment
process, is voluntary;
(iv) a
summary of key decisions, actions and services taken by those persons made a
part of the adjustment process and probation intake; and
(v) a closing summary which shall include as
a minimum the date the adjustment period commenced and the date the case was
closed, together with a statement that the case was closed as adjusted or
closed as terminated without adjustment and referred for petition. It shall
also include the rationale for the final action in the case.
(b) Case records shall include the following information:
(1) Where
approval or consent to an adjustment is required by The Family Court Act, the
Uniform Family Court Rules, this Part or local criteria, information as to the
basis for the request for approval and/or consent and a written copy of such
approval, consent, or denial thereof, if any.
(2) Where the adjustment period extends
beyond the authorized initial period of time to adjust, a copy of the judge's
authorization for the requested extension.
(3) Where community resources are used, a
summary of their use and of the monitoring activities of probation
intake.
(4) For cases closed as
adjusted, the factors which prompted the adjustment.
(5) For cases that were terminated because
the adjustment process is incomplete or unsuccessful, or when the potential
respondent does not choose to commence the adjustment process, an indication
that the potential petitioner was notified that a petition may be
filed.
(6) For cases where the
adjustment process was terminated prior to the satisfactory resolution of the
complaint, the criteria and rationale therefor of the termination.
(7) For cases in which the adjustment process
requires more than two contacts between probation intake and the potential
respondent, the behavior or activities that the potential respondent must
accomplish in order to successfully complete the adjustment process.
(8) For cases resolved by the filing of a
voluntary agreement with the court, a copy of such agreement.
(9) For cases referred back to probation by
the court after a petition was filed, an indication that the court was notified
of the subsequent final case action.
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