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 356.11 - Removal from Youth Part of the Superior Court to Family Court for Probation Intake
Current through Register Vol. 46, No. 12, March 20, 2024
(a) Where the Youth Part of the Superior Court has removed a case to Family Court for Probation Intake, probation shall thereafter notify the Family Court and/or presentment agency whether the case has been Referred for Petition Immediately, Successfully Adjusted or Terminated without Adjustment/Referred to Court, as follows;
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Notification/Youth Part Case Removed to Family Court for Probation Intake: |
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Probation Intake Closing type: |
Probation Department responsible to notify: |
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Referred for Petition Immediately |
Family Court and Presentment Agency |
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Terminated without Adjustment; Referred for Petition |
Family Court and Presentment Agency |
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Adjusted |
Family Court |
(b) If the petition alleged the commission of a designated felony act or the commission of a crime pursuant to FCA § 308.1(4), probation shall make a recommendation to the court regarding the suitability of adjusting the case (FCA § 320.6 ).
(c) Upon receipt of the Juvenile Delinquency accusatory instrument and supporting documents, probation shall take prompt action to conduct an initial conference with the youth and the parent/guardian per section 356.5(e) of this part.
(d) Upon the youth and parent or other person legally responsible for his/her care agreeing to participate in adjustment services, Probation shall document the case opening date as the date of the Initial Conference with the Probation Officer assigned to oversee adjustment services.
