The objective of the investigation and report is to provide the court with relevant and reliable information, in a succinct, analytical presentation for decision-making. Also, to provide dispositional and regulatory agencies that are entitled to access with information for immediate and future decision-making purposes with respect to placement/incarceration, services and program delivery. These dispositional agencies shall include probation, social services, New York State Office of Children and Family Services (OCFS), and any other public institution or agency.
- Adoption Investigations are ordered by a Family Court Judge to verify information contained in an adoption petition. These investigations are completed by Probation Officers and conducted to provide home and background information related to private adoptions.
- Pre-Dispositional Investigations are conducted after fact-finding, but prior to disposition for both Person In Need of Supervision (PINS) and Juvenile Delinquency (JD) matters.
- Supplemental Investigations are conducted pursuant to order and direction of the court to update a previously submitted report on the same matter.
Probation Intake and Diversion provides a screening process of JD and PINS complaints filed by schools, parents or law enforcement. Objectives are to assess and mediate situations to avoid cases from proceeding formally in Family Court.
Juvenile Delinquent (JD)
A Juvenile Delinquent is defined as a person over seven and less than eighteen years of age who has committed an act that would constitute a crime if committed by an adult. All misdemeanor offenses and felonies committed by juveniles under the age of sixteen are eligible for diversion services. Felony offense committed by those who are seventeen years of age need to be processed through the Livingston County Youth Part Court and should be conferenced with the Livingston County District Attorney. Intake services are offered as an alternative to Family Court involvement, the Family Court Act empowers local Probation Departments to offer diversion services. The purpose of diversion is to allow a juvenile to take responsibility for their behavior without having to go to Family Court and appear before a Judge. The case is considered diverted from Court and monitoring remains with the Probation Department.
Juveniles are ages 7 to 15 and are referred to the program when law enforcement issues a a Juvenile Delinquency Appearance Ticket for behavior, which if the youth were an adult, would constitute a misdemeanor or felony crime. The juvenile and parents/ guardians appear at the Probation Department at the designated time and a Probation Officer reviews the juvenile justice system with the parties. A description of diversion services is provided and the juvenile and parent/guardian are given a choice to participate, if they qualify. Diversion is a time limited program, the Family Court Act allows for 90 days, with one extension of 60 days for a maximum of 150 days. By policy, some youth are excluded from diversion services for a number of reasons.
Person In Need of Supervision (PINS)
PINS is defined as a child under the age of 18 who is incorrigible, ungovernable or habitually disobedient and beyond the lawful control of a parent or other person legally responsible for such child’s care. PINS also includes those who violate the provisions § 230.00 (Prostitution) or who appears to be a sexually exploited child. Anyone can file a PINS Referral on a juvenile that meets the above criteria.
The Family Court Act also allows for PINS referrals for truancy if the juvenile has demonstrated a significant pattern of UNEXCUSED FULL DAY absences (approximately 15 or more) and if the juvenile is less than 17 years old in the current school year.
Prior to the completion of a truancy referral, the referral source, typically the school, needs to document strategies that have been implemented by the school to resolve truancy. (e.g: Parent/Student Conferences, Home Visits, in school Student Support Services referrals, school psychologist, referrals to outside community agencies, Child Protective Services, preventive services, counseling, or mental health). Please provide as much detail as possible on these interventions, (including who participated in the interventions, name and titles of staff involved, and outcomes of the interventions) as well as barriers to success.
For respondents whose case proceeds to Family Court, some are adjudicated either a Person in Need of Supervision (PINS) or Juvenile Delinquent (JD) and the Court may order the respondent placed on Probation and supervised by a Probation Officer for a period of up to two years for a JD and one year for a PINS. The Family Court can extend the supervision period under specific circumstances.