§ 735. Preliminary procedure; diversion services. (a) Each county and
any city having a population of one million or more shall offer
diversion services as defined in section seven hundred twelve of this
article to youth who are at risk of being the subject of a person in
need of supervision petition. Such services shall be designed to provide
an immediate response to families in crisis, to identify and utilize
appropriate alternatives to placement and to divert youth from being the
subject of a petition in family court. Each county and such city shall
designate either the local social services district or the probation
department as lead agency for the purposes of providing diversion
services.

(b) The designated lead agency shall:

(i) confer with any person seeking to file a petition, the youth who
may be a potential respondent, his or her family, and other interested
persons, concerning the provision of diversion services before any
petition may be filed; and

(ii) diligently attempt to prevent the filing of a petition under this
article or, after the petition is filed, to prevent the placement of the
youth into foster care; and

(iii) assess whether the youth would benefit from residential respite
services; and

(iv) assess whether the youth is a sexually exploited child as defined
in section four hundred forty-seven-a of the social services law and, if
so, whether such youth should be referred to a safe house in accordance
with section seven hundred thirty-nine of this part; and

(v) determine whether alternatives to placement or services provided
pursuant to this section are appropriate to avoid remand of the youth to
such placement; and

(vi) determine whether an assessment of the youth for substance use
disorder by an office of alcoholism and substance abuse services
certified provider is necessary when a person seeking to file a petition
alleges in such petition that the youth is suffering from a substance
use disorder which could make the youth a danger to himself or herself
or others. Provided, however, that notwithstanding any other provision
of law to the contrary, the designated lead agency shall not be required
to pay for all or any portion of the costs of such assessment or for any
substance use disorder or detoxification services, except in cases where
medical assistance for needy persons may be used to pay for all or any
portion of the costs of such assessment or services. The office of
alcoholism and substance abuse services shall make a list of its
certified providers available to the designated lead agency.

(c) Any person or agency seeking to file a petition pursuant to this
article which does not have attached thereto the documentation required
by subdivision (g) of this section shall be referred by the clerk of the
court to the designated lead agency which shall schedule and hold, on
reasonable notice to the potential petitioner, the youth and his or her
parent or other person legally responsible for his or her care, at least
one conference in order to determine the factual circumstances and
determine whether the youth and his or her family should receive
diversion services pursuant to this section. Diversion services shall
include clearly documented diligent attempts to provide appropriate
services to the youth and his or her family unless it is determined that
there is no substantial likelihood that the youth and his or her family
will benefit from further diversion attempts. Notwithstanding the
provisions of section two hundred sixteen-c of this act, the clerk shall
not accept for filing under this part any petition that does not have
attached thereto the documentation required by subdivision (g) of this
section.

(d) Diversion services shall include documented diligent attempts to
engage the youth and his or her family in appropriately targeted
community-based services, but shall not be limited to:

(i) providing, at the first contact, information on the availability
of or a referral to services in the geographic area where the youth and
his or her family are located that may be of benefit in avoiding the
need to file a petition under this article; including the availability,
for up to twenty-one days, of a residential respite program, if the
youth and his or her parent or other person legally responsible for his
or her care agree, and the availability of other non-residential crisis
intervention programs such as family crisis counseling or alternative
dispute resolution programs or an educational program as defined in
section four hundred fifty-eight-l of the social services law.

(ii) scheduling and holding at least one conference with the youth and
his or her family and the person or representatives of the entity
seeking to file a petition under this article concerning alternatives to
filing a petition and services that are available. Diversion services
shall include clearly documented diligent attempts to provide
appropriate services to the youth and his or her family before it may be
determined that there is no substantial likelihood that the youth and
his or her family will benefit from further attempts.

(iii) where the entity seeking to file a petition is a school district
or local educational agency or where the parent or other potential
petitioner indicates that the proposed petition will include truancy
and/or conduct in school as an allegation, the designated lead agency
shall review the steps taken by the school district or local educational
agency to improve the youth's attendance and/or conduct in school and
attempt to engage the school district or local educational agency in
further diversion attempts, if it appears from review that such attempts
will be beneficial to the youth. Where the school district or local
educational agency is not the potential petitioner, the designated lead
agency shall contact such district or agency to resolve the truancy or
school behavioral problems of the youth in order to obviate the need to
file a petition or, at minimum, to remediate the education-related
allegations of the proposed petition.

(e) The designated lead agency shall maintain a written record with
respect to each youth and his or her family for whom it considers
providing or provides diversion services pursuant to this section. The
record shall be made available to the court at or prior to the initial
appearance of the youth in any proceeding initiated pursuant to this
article.

(f) Efforts to prevent the filing of a petition pursuant to this
section may extend until the designated lead agency determines that
there is no substantial likelihood that the youth and his or her family
will benefit from further attempts. Efforts at diversion pursuant to
this section may continue after the filing of a petition where the
designated lead agency determines that the youth and his or her family
will benefit from further attempts to prevent the youth from entering
foster care.

(g) (i) The designated lead agency shall promptly give written notice
to the potential petitioner whenever attempts to prevent the filing of a
petition have terminated, and shall indicate in such notice whether
efforts were successful. The notice shall also detail the diligent
attempts made to divert the case if a determination has been made that
there is no substantial likelihood that the youth will benefit from
further attempts. No persons in need of supervision petition may be
filed pursuant to this article during the period the designated lead
agency is providing diversion services. A finding by the designated lead
agency that the case has been successfully diverted shall constitute
presumptive evidence that the underlying allegations have been
successfully resolved in any petition based upon the same factual
allegations. No petition may be filed pursuant to this article by the
parent or other person legally responsible for the youth where diversion
services have been terminated because of the failure of the parent or
other person legally responsible for the youth to consent to or actively
participate.

(ii) The clerk of the court shall accept a petition for filing only if
it has attached thereto the following:

(A) if the potential petitioner is the parent or other person legally
responsible for the youth, a notice from the designated lead agency
indicating there is no bar to the filing of the petition as the
potential petitioner consented to and actively participated in diversion
services; and

(B) a notice from the designated lead agency stating that it has
terminated diversion services because it has determined that there is no
substantial likelihood that the youth and his or her family will benefit
from further attempts, and that the case has not been successfully
diverted; and

(C) where the proposed petition contains allegations of truancy and/or
school misbehavior, whether or not the school district or local
educational agency is the proposed petitioner, a notice from the
designated lead agency regarding the diversion efforts undertaken and/or
services provided by the designated lead agency and/or by the school
district or local educational agency to the youth and the grounds for
concluding that the education-related allegations could not be resolved
absent the filing of a petition under this article.

(h) No statement made to the designated lead agency or to any agency
or organization to which the potential respondent has been referred,
prior to the filing of the petition, or if the petition has been filed,
prior to the time the respondent has been notified that attempts at
diversion will not be made or have been terminated, or prior to the
commencement of a fact-finding hearing if attempts at diversion have not
terminated previously, may be admitted into evidence at a fact-finding
hearing or, if the proceeding is transferred to a criminal court, at any
time prior to a conviction.