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 356.14 - Pre-dispositional supervision in family court
Universal Citation: 9 NY Comp Codes Rules and Regs ยง 356.14
Current through Register Vol. 46, No. 12, March 20, 2024
(a) General requirements.
(1) Each probation director shall establish
and maintain written policies and procedures for the uniform provision of
pre-dispositional supervision for juvenile delinquency matters, under the
jurisdiction of the family court, in accordance with the provisions of the FCA,
URFC, court order, and all other applicable laws, rules and regulations. The
policies and procedures shall address, at a minimum:
(i) procedures to monitor, investigate and
report to the family court regarding the compliance of respondents under
pre-dispositional supervision as ordered by the court;
(ii) timely notification to the court when a
youth under pre-dispositional supervision has been determined to be
non-compliant with the terms and conditions of release as set forth by the
court including orders of protection.
(b) Performing pre-dispositional supervision services in family court.
(1) Upon notification to probation from the
court that a youth has been placed under pre-dispositional supervision with
certain terms and conditions of the court, and probation has been directed to
monitor such conditions, pursuant to FCA and URFC:
(i) probation shall coordinate with the court
to receive a written copy of the terms and conditions as issued by the
court;
(ii) consistent with the
court order, probation shall refer the youth and family to available
alternative to detention services/programs.
(2) Probation shall provide to all youth
placed under pre-dispositional supervision and parents or other persons legally
responsible for his/her care, information and reminders for court
appearance(s).
(3) Monitoring.
(i) Absent directive from the court,
probation shall maintain regular contact with a youth placed under
pre-dispositional supervision, and conduct appropriate collateral contacts, as
determined by the probation director/designee to ensure appearance in court and
reduce likelihood to commit another offense.
(ii) Probation shall monitor court
appearances of such youth.
(iii)
Probation shall assist such youth with complying with pre-dispositional
supervision conditions, including orders of protection.
(4) Non-compliance with pre-dispositional
supervision conditions.
(i) Probation shall
attempt to contact youth placed under pre-dispositional supervision, who fail
to appear in court, or who are not complying with court-ordered conditions in
order to encourage voluntary return or compliance before the court is
notified.
(5) Reporting
to the court shall include a verbal or written summary of:
(i) referrals made to ordered, appropriate
and/or accessible alternative to detention programming;
(ii) the compliance by the youth and
parent(s) or other person(s) legally responsible for his/her care with the
ordered or referred programming or services;
(iii) the compliance by the youth and
parent(s) or other person(s) legally responsible for his/her care with the
terms and conditions imposed by the court.
(6) Case closure.
(i) Probation performing pre-dispositional
supervision for the family court shall cease when a disposition on the
originating case is ordered, or the court notifies the department of
such.
(ii) Probation shall indicate
whether closure was successful as measured by substantial compliance with
conditions.
(c) Pre-dispositional supervision case recordkeeping requirements.
(1) Minimum requirements of record retention.
(i) All pre-dispositional supervision case
records shall be kept in either paper or electronic format, or a combination of
both.
(ii) Case records shall
include the following, where applicable:
(a)
documents:
(1) terms and conditions of the
pre-dispositional release;
(2) any
risk/need assessment, and/or behavioral health screening results;
(3) release of information forms;
(4) referrals to and/or summaries from any
court ordered or otherwise appropriate programming/services, or other relevant
collateral documents or information;
(b) other required case record information:
(1) date(s) of referrals to any
court-ordered, or otherwise appropriate program/service and any available
outcome information;
(2) dates and
types of youth contacts related to the case;
(3) a summary of pre-dispositional
supervision services provided may be:
(i)
incorporated into the pre-dispositional investigation; or
(ii) a separate summary included in the case
file.
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