§ 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.