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 357.5 - General requirements for PINS preliminary procedure
Current through Register Vol. 46, No. 12, March 20, 2024
(a) Each probation director shall establish and maintain written policies and procedures regarding preliminary procedure services pursuant to their responsibilities as designated by the county, in accordance with the provisions of the Executive Law, the Family Court Act, court order, and all other applicable laws, rules and regulations. These policies and procedures shall include:
(b) Probation shall provide intake and diversion services, which shall include diligent efforts to engage the youth and family in appropriately targeted community-based services. Such diligent efforts shall:
(c) Where the youth is not attending school and is beyond the compulsory education age, a parental complaint may be made based on ungovernable behavior.
(d) Where the matter involves truancy and or ungovernable and/or habitually disobedient behavior in school and the youth is a special education student, probation shall gather information from the Committee on Special Education regarding the youth's behaviors and any relationship to the youth's disability. Probation may require a Manifestation Determination before accepting a school-filed complaint.
(e) For all school-based referrals, the probation director shall develop a procedure by which:
(f) Where the school district or local educational agency is not the potential petitioner the designated lead agency shall contact such district or agency to resolve the truancy or school behavior problems of the youth in order to obviate the need to file a petition or, at minimum, to remediate the education-related allegations of the proposed petition.