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 356.12 - Case Closing Requirements
Universal Citation: 9 NY Comp Codes Rules and Regs ยง 356.12
Current through Register Vol. 46, No. 12, March 20, 2024
(a) There are three (3) case closing options
(1)
Referred for Petition Immediately: the adjustment process was not commenced due
to exclusionary or suitability criteria and referred to the presentment
agency.
(2) Adjusted: the
resolution of the complaint was achieved without court intervention or after
the court ordered return of the matter as the result of preliminary procedure.
This shall include cases that are resolved at the Initial Conference or after a
period of adjustment services.
(i) A
determination by probation that a case has been adjusted shall constitute
presumptive evidence that the complaint has been addressed and cannot be used
in any subsequent petition.
(ii)
Cases shall be considered adjusted where:
(a)
The potential respondent sufficiently participated in the adjustment process to
resolve the complaint;
(b) The
goals of the case plan have been addressed; and
(c) The case is closed administratively, in
the interests of justice.
(3) Terminated Without Adjustment and
Referred for Petition: the resolution of the complaint did not occur after
commencement of the adjustment process.
(i)
In accordance with URFC, probation may discontinue the adjustment process at
any time if:
(a) the potential respondent or
the complainant requests that it do so; or
(b) the potential respondent refuses to
cooperate with the probation service or any agency to which the youth or a
member of the youth's family has been referred.
(ii) Additional considerations for
discontinuance of adjustment efforts may include:
(a) the complainant insists on securing an
order of protection including a temporary order of protection; or
(b) the potential respondent has harassed or
menaced any party to the case, or is likely to continue to harass or menace any
party to the case where such harassing or menacing is the subject of the
complaint; or
(c) the potential
respondent may endanger or is endangering his/her or another person's physical
or emotional health; or
(d) it
appears to probation intake that the potential respondent requires extended
supervision, treatment or confinement.
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