New York Codes, Rules and Regulations
Title 9 - EXECUTIVE DEPARTMENT
Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES
Chapter I - ADMINISTRATION OF PROBATION
Part 357 - INTAKE FOR ARTICLE 7
Section 357.12 - Case closing requirements

Universal Citation: 9 NY Comp Codes Rules and Regs ยง 357.12

Current through Register Vol. 46, No. 12, March 20, 2024

(a) Cases where the goals of the case plan have been met shall be considered for successful case closure.

(b) Progress made toward youth risk reduction shall be documented through reassessment prior to closing the case.

(c) Probation shall promptly give written notice of case closure to the potential petitioner and the parent(s) or other person(s) legally responsible for his/her care of the potential respondent.

(d) A finding by the designated lead agency that a case has been successfully diverted shall constitute presumptive evidence that the factual allegations have been successfully resolved and cannot be used in any subsequent petition.

(e) All cases opened for diversion services shall be closed in accordance with one of the following case closing designations:

(1) successfully diverted: where satisfactory resolution of the complaint was achieved as the result of preliminary procedure. This shall include cases that were diverted either at the initial conference, or after a period of diversion services;

(2) withdrawn: where the potential petitioner withdrew the complaint, for any reason, either before or during the provision of diversion services, the complainant shall be advised that the factual allegations may be used in making a future complaint;

(3) terminated with no bar to petition: where the case has not been successfully diverted and the designated lead agency determines that diversion efforts have been exhausted and that there is no substantial likelihood that the youth and family would benefit from continued services. For parent(s) or other person(s) legally responsible for his/her care filed complaints, such closing designation shall also require documentation of consent and active participation of the parent(s) or other person(s) legally responsible for his/her care in diversion services; or

(4) terminated with bar to petition: such case closing shall be used for parent(s) or other person(s) legally responsible for his/her care initiated complaints that have not been successfully diverted because the parent(s) or other person(s) legally responsible for his/her care did not consent to, actively participate in, or pursue diversion services.

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