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 357.9 - Petition to court
Current through Register Vol. 46, No. 12, March 20, 2024
(a) A complaint may be referred for petition only after determining that there is no substantial likelihood that the youth and family will benefit from further attempts to remediate the behavior which gave rise to the complaint;
(b) No petition may be filed by the parent(s) or other person(s) legally responsible for his/her care where diversion services have been terminated because of the failure of the parent(s) or other person(s) legally responsible for his/her care to consent to or participate in diversion services.
(c) Where a parent refuses to cooperate with services in a school-referred PINS matter, an educational neglect report may be made regarding the parent(s) or other person(s) legally responsible for his/her care where there has been a pattern of illegal absences.
(d) Where the matter involves truancy and/or ungovernable behavior at school and the youth is a special education student, probation shall not refer the matter for petition unless a Manifestation Determination hearing has been held by the Committee on Special Education (CSE) and the school has provided such documentation to the probation department and the court that the student's behaviors are not related to the student's disability, thereby warranting court action;
(e) Once a petition is filed, diversion efforts may continue pending court action in accordance with section 357.7(d)(2) of this Part.
(f) Where probation refers a matter for petition, it shall prepare a petition report to the court. The petition report shall be approved and signed by a supervisor or their designee. The report shall address all of the required elements for filing, including:
(g) Pursuant to FCA section 735(h), no statement made by the potential respondent to the designated lead agency, or to any agency or organization to which the potential respondent has been referred, may be admitted into evidence at a fact-finding hearing, or, if the proceeding is transferred to a criminal court, at any time prior to a conviction. This shall apply when such statements were made to the designated lead agency or to any agency or organization: