N.Y. Comp. Codes R. & Regs. Tit. 22 § 205.62 - Preliminary diversion conferences and procedures (PINS)
(a) Any person seeking to
originate a proceeding under article 7 of the Family Court Act to determine
whether a child is a person in need of supervision shall first be referred to
the designated lead diversion agency, which may be either the probation service
or the local Department of Social Services. The clerk shall not accept any
petition for filing that does not have attached the notification from the lead
diversion agency required by section 735 of the Family Court Act and, in the
case of a petition filed by a school district or school official, documentation
of the efforts made by the school district or official to remediate the child's
school problems.
(b)
The lead diversion agency shall begin to conduct preliminary conferences with
the person seeking to originate the proceeding, the potential respondent and
any other interested person, on the same day that such persons are referred to
the diversion agency in order to gather information needed to assist in
diversion of the case from petition, detention and placement through provision
of or referral for services. The diversion agency shall permit any participant
who is represented by a lawyer to be accompanied by the lawyer at any
preliminary conference.
(c) During the preliminary conferences,
the diversion agency shall ascertain, from the person seeking to originate the
proceeding, a brief statement of the underlying events, an assessment of
whether the child would benefit from diversion services, respite care and other
alternatives to detention and, if known to that person, a brief statement of
factors that would be of assistance to the court in determining whether the
potential respondent should be detained or released in the event that a
petition is filed. Such factors include whether there is a substantial
probability that the respondent would not be likely to appear in court if
released, whether he or she would be likely to benefit from diversion services,
whether all available alternatives to detention have been exhausted and, in the
case of a child 16 years of age or older, whether special circumstances exist
warranting detention. The diversion agency shall also gather information to aid
the court in its determination of whether remaining in the home would be
contrary to the child's best interests and, where appropriate, whether
reasonable efforts were made to prevent or eliminate the need for removal of
the child from his or her home.
(d) At the first appearance at a
conference by each of the persons listed in subdivision (b) of this section,
the diversion agency shall inform such person concerning the function of the
diversion process, and that:
(1)
he or she has the right to participate in the diversion process;
(2) the diversion agency is not
authorized to and cannot compel any person to appear at any conference, produce
any papers or visit any place, but if the person seeking to originate the
proceeding does not cooperate with the diversion agency, he or she will not be
able to file a petition. The court may direct the parties to cooperate with the
diversion agency even after a petition has been filed;
(3) statements made to the
diversion agency are subject to the confidentiality provisions contained in
section 735 of the Family Court Act;
(4) if the diversion process is not
successfully concluded for reasons other than the noncooperation of the person
seeking to originate the proceeding, the diversion agency shall notify the
person seeking to originate the proceeding in writing of that fact and that the
person seeking to originate the proceeding is entitled to access to the court
for the purpose of filing a petition; oral notification shall be confirmed in
writing.
(e) If the diversion process is not
successfully concluded, the diversion agency shall notify all the persons who
participated therein writing, of that fact and of the reasons therefor,
including a description of the services offered and efforts made to avert the
filing of a petition. The notification shall be appended to the
petition.
Notes
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