N.Y. Comp. Codes R. & Regs. tit. 9 § 356.14

Current through Register Vol. 46, No. 50, December 11, 2024

Section 356.14 - Pre-dispositional supervision in family court

(a)General requirements.

(1) Each probation director shall establish and maintain written policies and procedures for the uniform provision of pre-dispositional supervision for juvenile delinquency matters, under the jurisdiction of the family court, in accordance with the provisions of the FCA, URFC, court order, and all other applicable laws, rules and regulations. The policies and procedures shall address, at a minimum:

(i) procedures to monitor, investigate and report to the family court regarding the compliance of respondents under pre-dispositional supervision as ordered by the court;

(ii) timely notification to the court when a youth under pre-dispositional supervision has been determined to be non-compliant with the terms and conditions of release as set forth by the court including orders of protection.

(b)Performing pre-dispositional supervision services in family court.

(1) Upon notification to probation from the court that a youth has been placed under pre-dispositional supervision with certain terms and conditions of the court, and probation has been directed to monitor such conditions, pursuant to FCA and URFC:

(i) probation shall coordinate with the court to receive a written copy of the terms and conditions as issued by the court;

(ii) consistent with the court order, probation shall refer the youth and family to available alternative to detention services/programs.

(2) Probation shall provide to all youth placed under pre-dispositional supervision and parents or other persons legally responsible for his/her care, information and reminders for court appearance(s).

(3) Monitoring.

(i) Absent directive from the court, probation shall maintain regular contact with a youth placed under pre-dispositional supervision, and conduct appropriate collateral contacts, as determined by the probation director/designee to ensure appearance in court and reduce likelihood to commit another offense.

(ii) Probation shall monitor court appearances of such youth.

(iii) Probation shall assist such youth with complying with pre-dispositional supervision conditions, including orders of protection.

(4) Non-compliance with pre-dispositional supervision conditions.

(i) Probation shall attempt to contact youth placed under pre-dispositional supervision, who fail to appear in court, or who are not complying with court-ordered conditions in order to encourage voluntary return or compliance before the court is notified.

(5) Reporting to the court shall include a verbal or written summary of:

(i) referrals made to ordered, appropriate and/or accessible alternative to detention programming;

(ii) the compliance by the youth and parent(s) or other person(s) legally responsible for his/her care with the ordered or referred programming or services;

(iii) the compliance by the youth and parent(s) or other person(s) legally responsible for his/her care with the terms and conditions imposed by the court.

(6) Case closure.

(i) Probation performing pre-dispositional supervision for the family court shall cease when a disposition on the originating case is ordered, or the court notifies the department of such.

(ii) Probation shall indicate whether closure was successful as measured by substantial compliance with conditions.

(c)Pre-dispositional supervision case recordkeeping requirements.

(1) Minimum requirements of record retention.

(i) All pre-dispositional supervision case records shall be kept in either paper or electronic format, or a combination of both.

(ii) Case records shall include the following, where applicable:

(a) documents:

(1) terms and conditions of the pre-dispositional release;

(2) any risk/need assessment, and/or behavioral health screening results;

(3) release of information forms;

(4) referrals to and/or summaries from any court ordered or otherwise appropriate programming/services, or other relevant collateral documents or information;

(b) other required case record information:

(1) date(s) of referrals to any court-ordered, or otherwise appropriate program/service and any available outcome information;

(2) dates and types of youth contacts related to the case;

(3) a summary of pre-dispositional supervision services provided may be:

(i) incorporated into the pre-dispositional investigation; or

(ii) a separate summary included in the case file.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 356.14

Adopted New York State Register March 27, 2019/Volume XLI, Issue 13, eff. 3/27/2019