N.Y. Comp. Codes R. & Regs. tit. 22 § 205.41

Current through Register Vol. 46, No. 51, December 18, 2024

Section 205.41 - Duties of the probation service and procedures relating to the adjustment process upon referral from Supreme Court (support)

(a) If the assistance of the probation service is requested by either party to the proceeding, efforts at adjustment shall commence within 15 days from the date of the request and may continue for a period of two months from the date of request. The court may extend the adjustment process for an additional 60 days upon written application containing the consent of the person seeking to file a petition.

(b) 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.

(c) 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 parties and a statement by the probation officer that there is a substantial likelihood that a voluntary agreement would be reached if an extension were granted.

(d) The probation service shall discontinue the adjustment process if, at any time:

(1) either party requests that it do so; or

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

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

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

(2) that either party is entitled to access to the court to have the issues which have been referred determined at a fact-finding hearing.

(f) If the adjustment process results in a voluntary agreement on the issues referred:

(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;

(2) if the agreement is approved by the court, a copy of the order made by the court shall be furnished by the probation service to the parties, 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 § 205.41