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 356.7 - Adjustment Services
Universal Citation: 9 NY Comp Codes Rules and Regs ยง 356.7
Current through Register Vol. 46, No. 12, March 20, 2024
(a) In providing adjustment services, probation shall:
(1) Document the case opening date as the
date the youth and the parent or other person legally responsible for his/her
care appear for the Initial Conference with the probation officer assigned to
oversee adjustment services. For youth receiving an Initial Intake Conference
with a probation assistant, the assigned probation officer shall meet with the
youth within five (5) business days of that Initial Intake
Conference;
(2) Conduct a mental
health screen at the initial conference, for youth cases opened for adjustment
services. Such screening instrument shall be approved by the state and
administered by staff approved to do so by the Probation
Director/designee.
(3) Provide
written notice to the complainant that the case has been opened for adjustment
services;
(4) Make reasonable
attempts to provide adjustment services in accordance with the general
requirements of this Part;
(5)
Screen the youth using a state-approved risk screening instrument to identify
the level of risk for the youth continuing in his/her behaviors underlying the
presenting problem;
(6) Attempt to
adjust low risk youth with minimal intervention services;
(7) Not permit the inability of the youth or
the youth's family to make restitution as a factor in deciding to adjust a case
or in making a recommendation to the presentment agency, in accordance with FCA
§ 308.1(2);
(8) Provide, at
the first contact or as early as practicable, information on the availability
of or referral to services in the geographic area where the youth and family
are located to reduce the risk of recidivism and prevent the filing of a
petition;
(9) Target the underlying
risk factors related to the presenting problem behavior(s) which gave rise to
each complaint;
(10) Secure from
the parent(s) or other person(s) legally responsible for his/her care all
necessary consents for release of information regarding the youth;
(11) Make referrals for service as needed,
based on the results of state-approved risk and needs assessment;
(12) Prioritize resources to higher risk
youth and target interventions to reduce dynamic risk factors; and
(13) Be knowledgeable of, cooperate with, and
utilize available community resources, wherever appropriate, as part of the
adjustment process.
(14) For youth
removed from the Youth Part of Superior Court to the Family Court to receive
intake and adjustment services under Article 3, the probation department may
consider and credit the youth's participation in Voluntary Assessment and Case
Planning services while in the Youth Part, which may reduce the time needed for
adjustment services depending upon the youth's progress in addressing
criminogenic needs.
(b) In addition to providing community-based intervention services that target specific dynamic risk factors, probation should work to effectively engage the youth and family in appropriate services leading to successful adjustment.
(c) Electronic monitoring may only be used with probation director consent and upon specific court order.
Disclaimer: These regulations may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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