Section 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 detention 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)  determine  whether  alternatives to detention are appropriate to
  avoid remand of the youth to detention.
    (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.
    (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, 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.
    (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.
    (h)  No  statement made to the designated lead agency or to any agency
  or organization to which the potential respondent, 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.