N.Y. Comp. Codes R. & Regs. Tit. 22 § 205.41 - Duties of the probation service and procedures relating to the adjustment process upon referral from Supreme Court (support)
(a) If the assistance of the
probation service is requested by either party to the proceeding, efforts at
adjustment shall commence within 15 days from the date of the request and may
continue for a period of two months from the date of request. The court may
extend the adjustment process for an additional 60 days upon written
application containing the consent of the person seeking to file a
petition.
(b) The
probation service shall permit any participant who is represented by a lawyer
to be accompanied at any conference by the lawyer, who shall be identified by
the probation officer to the other party.
(c) If an extension of the period of the
adjustment process is sought, the probation service shall apply in writing to
the court and shall set forth the services rendered, the date of commencement
of those services, the degree of success achieved and the services proposed to
be rendered. The application shall set forth the reasons why, in the opinion of
the assigned probation officer, additional time is needed to adjust the matter,
and shall contain the signed consent of the parties and a statement by the
probation officer that there is a substantial likelihood that a voluntary
agreement would be reached if an extension were granted.
(d) The probation service shall
discontinue the adjustment process if, at any time:
(1) either party requests that it do so;
or
(2) it appears to
the probation service that there is no substantial likelihood that a voluntary
agreement will result.
(e) If the adjustment process is not
successfully concluded, the probation service shall notify the persons who
participated therein in writing:
(1) that the adjustment process has not
been successfully concluded, and the reasons therefor;
(2) that either party is
entitled to access to the court to have the issues which have been referred
determined at a fact-finding hearing.
(f) If the adjustment process
results in a voluntary agreement on the issues referred:
(1) it shall be reduced to writing by the
probation service, shall be signed by both parties to it, and shall be
submitted to the court, together with a petition for approval of the agreement
and a proposed order incorporating the agreement;
(2) if the agreement is approved
by the court, a copy of the order made by the court shall be furnished by the
probation service to the parties, in person if they are present, and by mail if
their presence has been dispensed with by the court.
Notes
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