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New York Codes Rules Regulations (Last Updated: March 27,2024) |
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TITLE 9. Executive Department |
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Subtitle H. Division of Probation and Correctional Alternatives |
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Chapter I. Administration of Probation |
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Part 357. Intake for Article 7 |
Sec. 357.13. Case recordkeeping requirements
Latest version.
- (a) All preliminary procedure case records shall be kept in either paper or electronic format, or a combination of both.(b) Pre-diversion services: where pre-diversion services are provided in lieu of initiating preliminary procedure, it is not necessary to open an individual case file. However, at minimum a record of the following information shall be maintained:(1) youth name and date of birth;(2) date(s) of receipt of the complaint(s);(3) description of the pre-diversion services either referred to or directly provided, and any information regarding outcome(s).(c) Preliminary procedure: where preliminary procedure was commenced, probation case records shall include the following, where applicable:(1) documents:(i) copy of the complaint;(ii) copy of letter to complainant advising of the initiation of diversion services;(iii) all assessment and reassessments;(iv) the initial case plan, and case plan updates that flow from the reassessments;(v) a brief closing summary of progress toward achieving case plan goals;(vi) copy of written notices to the complainant regarding the case closing and whether the complaint has been successfully resolved;(vii) documentation of notification to the parent(s) or other person(s) legally responsible for his/her care of the potential respondent regarding: the case closing; whether the complaint has been successfully resolved; and if there is any bar to petition by the parent(s) or other person(s) legally responsible for his/her care; and(viii) copy of the petition report in all cases where a petition is filed with the court.(2) other required case record information:(i) date(s) of receipt of the complaint(s);(ii) date(s) of conference(s) with the youth, parent(s) or other person(s) legally responsible for his/her care and complainant;(iii) documentation that the youth and parent(s) or other person(s) legally responsible for his/her care were advised of their rights related to the diversion process;(iv) parent or other person(s) legally responsible for his/her care and youth acknowledgment of participation in diversion services;(v) summary of the reasons for any delay in developing an initial case plan;(vi) date(s) of any referral(s) for specialized assessment and treatment (i.e., educational, mental health, substance abuse, sexual victimization, or sexualized acting out behaviors);(vii) documentation of services provided in accordance with the assessment and reassessment;(viii) dates and types of contacts and any significant information, events, or actions taken; and/or(ix) date of case closing.