Current through Register Vol. 46, No. 12, March 20, 2024
Prior to commencing diversion services, probation shall
review the complaint to determine whether it is within the scope of FCA article
7.
(a) Where the behavior meets the
criteria set forth in FCA article 7, pre-diversion services may be provided as
an alternative to probation intake.
(b) Where it is determined that the complaint
is within the scope of FCA article 7 and the complainant seeks preliminary
procedure services, probation shall confer with any person seeking to file a
petition, the potential respondent, family, and other interested persons
concerning the provision of diversion services before any petition may be
filed. This shall include:
(1) offering
community-based alternatives to pre-dispositional placement where appropriate
and available;
(2) scheduling and
holding at least one conference with the youth and his or her family and the
person or representatives of the entity seeking to file a petition under this
article concerning alternatives to filing a petition and services that are
available. Where feasible, such conference shall be held jointly with all
parties present;
(3) the use of
effective client engagement skills such as motivational interviewing with the
youth, and where practicable, his/her family;
(4) identifying the level of youth risk for
continuing in the behaviors underlying the presenting problem using a
State-approved risk and needs assessment. A youth presenting as low risk shall
be considered for prompt termination of diversion efforts with minimal
probation intervention services;
(5) providing, at the first contact,
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 continuing in
the presenting behaviors and prevent the filing of a petition under this
article; including:
(i) residential respite:
availability of a residential respite program, for up to 21 calendar days, if
the youth and parent(s) or other persons legally responsible for his/her care
agree;
(ii) crisis intervention:
availability of other non-residential crisis intervention programs such as
family crisis counseling or alternative dispute resolution programs;
(iii) short-term safe house services:
availability of safe house services when the youth has been identified as
sexually exploited; and
(iv)
informal respite: availability of a temporary location (usually the home of a
family member or close friend) where the youth may stay during times of
escalating/increased stress or conflict in the youth's primary
residence.
(6) advising
the youth and parent(s) or other person(s) legally responsible for his/her care
of their rights and responsibilities, including the fact that they may be
barred from filing a petition where diversion services have been terminated
because of their failure to consent to or participate in diversion
services.
(c) Where the
complainant is a school district or local educational agency, probation shall
review the steps taken by the school district or local educational agency to
improve the youth's attendance and/or conduct in school and attempt to engage
the school district or local educational agency in further diversion attempts,
if it appears that such attempts will be beneficial to the youth.
(d) Where the complainant states that the
youth has run away or is staying away from home, the probation department:
(1) shall gather information from the
parent(s) or other person(s) legally responsible for his/her care regarding
possible contact information, and what efforts have been made to locate the
youth; and
(2) may attempt to
contact a runaway or stayaway youth for the purpose of engaging the youth and
family in diversion services; and
(3) shall inform the parent(s) or other
person(s) legally responsible for his/her care that they must file a report
with police where it is determined that the youth's whereabouts are unknown;
and
(4) may refer the matter for
petition for the purpose of seeking a warrant where efforts to locate and
engage the youth are unsuccessful.
(e) Probation shall attempt to 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, and shall
further request from the school certain information deemed pertinent to the
presenting behaviors. For school-based complaints, where parents refuse such
consent, probation may refer the matter for petition for the purpose of
requesting a court order to direct either the parent or other person(s) legally
responsible for his/her care to sign a release of information for school
records or for the court on its own volition, to direct the release of
information from school authorities. Where appropriate, probation may recommend
that the school pursue an educational neglect report.
