N.Y. Comp. Codes R. & Regs. tit. 22 § 205.31

Current through Register Vol. 46, No. 45, November 2, 2024

Section 205.31 - Duties of the probation service and procedures relating to the adjustment process (support)

(a) If the assistance of the probation service is requested by the person seeking to file a petition for support, and it appears that it may be possible to arrive at a voluntary agreement for support, the adjustment process shall commence within 15 days from the date of request, and shall include the person seeking to file a petition for support, the potential respondent and any other person listed in subdivision (b) of section 205.30 of this Part who wishes to participate therein. 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, and shall not discourage any person from seeking to file a petition.

(b) 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 person seeking to file a petition for support.

(c) The probation service shall discontinue its efforts at adjustment if, at any time:

(1) the person seeking to file a petition for support or the potential respondent requests that it do so; or

(2) it appears to the probation service that there is no reasonable likelihood that a voluntary agreement for support will result.

(d) If the adjustment process is not successfully concluded, the probation service shall notify all the persons who participated therein, in writing:

(1) that the adjustment process has not been successfully concluded and the reasons therefor; and

(2) that the person seeking to file a petition for support is entitled to access to the court for that purpose.

(e) If the adjustment process results in an agreement for the support of the petitioner and any dependents:

(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; and

(2) if the agreement is approved by the court, a copy of the order shall be furnished by the probation service to the person seeking to file a petition for support and the potential respondent, in person if they are present, and by mail if their presence has been dispensed with by the court.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 205.31