N.Y. Family Court Act § 320.6: The initial appearance; referral to the probation service

§ 320.6. The initial appearance; referral to the probation service. 1.

If the petition alleges the commission of a designated felony act or the

commission of a crime enumerated in subdivision four of section 308.1,

the probation service shall make a recommendation to the court at the

initial appearance regarding the suitability of adjusting the case

pursuant to section 308.1.

2. At the initial appearance or at any subsequent appearance, the

court may refer a case to the probation service for adjustment services.

The probation service shall consider the views of the complainant and

the impact of the alleged act or acts of juvenile delinquency upon the

complainant and upon the community in determining whether adjustment

under this section would be suitable. In the case of a designated felony

petition, the consent of the presentment agency shall be required to

refer a case to the probation service for adjustment services. Where an

order of fact-finding that includes solely a violation as defined in

subdivision three of section 10.00 of the penal law committed by a

juvenile sixteen years of age or, commencing on October first, two

thousand nineteen, seventeen years of age, has been entered pursuant to

section 345.1 of this article, there shall be a rebuttable presumption

that the court shall refer the case to the probation service for

adjustment services in accordance with this subdivision, dismiss the

case pursuant to subdivision two of section 352.1 of this article or

adjourn the case in contemplation of dismissal pursuant to section 315.3

of this article.

3. If the court refers a case to the probation service pursuant to

this section and the probation service adjusts the case, the petition

shall be dismissed.

4. If such case is referred to the probation service, the provisions

of section 308.1, except subdivision thirteen thereof, shall apply.