§ 351.1. Probation, investigation and diagnostic assessment. 1.\nFollowing a determination that a respondent has committed a designated\nfelony act and prior to the dispositional hearing, the judge shall order\na probation investigation and a diagnostic assessment. For the purposes\nof this article, the probation investigation shall include, but not be\nlimited to, the history of the juvenile including previous conduct, the\nfamily situation, any previous psychological and psychiatric reports,\nschool adjustment, previous social assistance provided by voluntary or\npublic agencies and the response of the juvenile to such assistance. For\nthe purposes of this article, the diagnostic assessment shall include,\nbut not be limited to, psychological tests and psychiatric interviews to\ndetermine mental capacity and achievement, emotional stability and\nmental disabilities. It shall include a clinical assessment of the\nsituational factors that may have contributed to the act or acts. When\nfeasible, expert opinion shall be rendered as to the risk presented by\nthe juvenile to others or himself, with a recommendation as to the need\nfor a restrictive placement.\n 2. Following a determination that a respondent committed a crime and\nprior to the dispositional hearing, the court shall order a probation\ninvestigation and may order a diagnostic assessment.\n * 2-a. (a) In a social services district operating an approved\njuvenile justice services close to home initiative pursuant to section\nfour hundred four of the social services law, the local probation\ndepartment shall develop and submit to the office of children and family\nservices for prior approval a validated pre-dispositional risk\nassessment instrument and any risk assessment process. The office shall\nshare a copy of any such instrument and process with the office of\nprobation and correctional alternatives and any expert consulting with\nthe office pursuant to this section. Such department shall periodically\nrevalidate any approved pre-dispositional risk assessment instrument.\nThe department shall conspicuously post information about the instrument\non its website, including but not limited to, the name of the\ninstrument; the name and contact information of the person, institution\nor company that developed such instrument; what the instrument is\nintended to measure; the types of factors and information the instrument\ntakes into consideration; the process by which the instrument is used in\nboth the pre-disposition investigation and dispositional phase of a\nhearing; the purpose for the instrument and how the instrument informs\nthe recommendation in the pre-dispositional investigation report; links\nto independent research and studies about the instrument as well as its\nown validation analysis relating to the instrument, when available; the\nmost recent date the instrument was validated and the date the next\nre-validation process is anticipated to begin. The department shall\nconfer with appropriate stakeholders, including but not limited to,\nattorneys for children, presentment agencies and the family court, prior\nto revising any validated pre-dispositional risk assessment instrument\nor process. Such department shall provide any approved pre-dispositional\nrisk assessment instrument and process to the temporary president of the\nsenate and the speaker of the assembly. Any revised pre-dispositional\nrisk assessment instrument shall be subject to periodic empirical\nvalidation and to the approval of the office of children and family\nservices. The office of children and family services shall consult with\nindividuals with professional research experience and expertise in\ncriminal justice; social work; juvenile justice; and applied\nmathematics, psychometrics and/or statistics to assist the office in\ndetermining the methods it will use to: approve the department's\nvalidated and revalidated pre-dispositional risk assessment instrument\nand process; and analyze
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