N.Y. Family Court Act § 309.1: Community based treatment referrals

§ 309.1. Community based treatment referrals. 1. A youth who is

released prior to the filing of a petition shall be made aware of and

referred to community based organizations offering counseling,

treatment, employment, educational, or vocational services in which they

may voluntarily enroll or participate. Such services shall be separate

from and in addition to any adjustment services provided under section

308.1 of this part, where applicable.

2. The youth shall be advised that the service referrals are being

made as a resource and participation in them is voluntary and that

refusal to participate will not negatively impact any aspect of their

pending case. Provided, however, nothing shall preclude the youth from

voluntarily providing information, after consulting with their attorney,

demonstrating successful enrollment, participation, and completion,

where applicable, of any such services. The court shall consider any

information provided by the youth regarding such participation in the

case proceedings including but not limited to dispositional or placement

determinations. The court may require supporting documentation for any

such consideration that the youth requests, provided however, that such

information shall be maintained as confidential in accordance with any

applicable state or federal law.

3. No statements made to probation when discussing any service

referrals under this section shall be admissible in a fact-finding

hearing.