§ 735. Preliminary procedure; diversion services. (a) Each county and\nany city having a population of one million or more shall offer\ndiversion services as defined in section seven hundred twelve of this\narticle to youth who are at risk of being the subject of a person in\nneed of supervision petition. Such services shall be designed to provide\nan immediate response to families in crisis, to identify and utilize\nappropriate alternatives to placement and to divert youth from being the\nsubject of a petition in family court. Each county and such city shall\ndesignate either the local social services district or the probation\ndepartment as lead agency for the purposes of providing diversion\nservices.\n (b) The designated lead agency shall:\n (i) confer with any person seeking to file a petition, the youth who\nmay be a potential respondent, his or her family, and other interested\npersons, concerning the provision of diversion services before any\npetition may be filed; and\n (ii) diligently attempt to prevent the filing of a petition under this\narticle or, after the petition is filed, to prevent the placement of the\nyouth into foster care; and\n (iii) assess whether the youth would benefit from residential respite\nservices; and\n (iv) assess whether the youth is a sexually exploited child as defined\nin section four hundred forty-seven-a of the social services law and, if\nso, whether such youth should be referred to a safe house in accordance\nwith section seven hundred thirty-nine of this part; and\n (v) determine whether alternatives to placement or services provided\npursuant to this section are appropriate to avoid remand of the youth to\nsuch placement; and\n (vi) determine whether an assessment of the youth for substance use\ndisorder by an office of alcoholism and substance abuse services\ncertified provider is necessary when a person seeking to file a petition\nalleges in such petition that the youth is suffering from a substance\nuse disorder which could make the youth a danger to himself or herself\nor others. Provided, however, that notwithstanding any other provision\nof law to the contrary, the designated lead agency shall not be required\nto pay for all or any portion of the costs of such assessment or for any\nsubstance use disorder or detoxification services, except in cases where\nmedical assistance for needy persons may be used to pay for all or any\nportion of the costs of such assessment or services. The office of\nalcoholism and substance abuse services shall make a list of its\ncertified providers available to the designated lead agency.\n (c) Any person or agency seeking to file a petition pursuant to this\narticle which does not have attached thereto the documentation required\nby subdivision (g) of this section shall be referred by the clerk of the\ncourt to the designated lead agency which shall schedule and hold, on\nreasonable notice to the potential petitioner, the youth and his or her\nparent or other person legally responsible for his or her care, at least\none conference in order to determine the factual circumstances and\ndetermine whether the youth and his or her family should receive\ndiversion services pursuant to this section. Diversion services shall\ninclude clearly documented diligent attempts to provide appropriate\nservices to the youth and his or her family unless it is determined that\nthere is no substantial likelihood that the youth and his or her family\nwill benefit from further diversion attempts. Notwithstanding the\nprovisions of section two hundred sixteen-c of this act, the clerk shall\nnot accept for filing under this part any petition that does not have\nattached thereto the documentation required by subdivision (g) of this\nsection.\n (d) Diversion services shall include documented diligent attempts to\nengage the youth and his or her family in appropriately targeted\ncommunity-based services, but shall not be limited to:\n (i) providing, at the first c
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