Substitution of petition or finding

§ 311.4. Substitution of petition or finding. 1. At any time in the
proceedings the court, upon motion of a respondent or its own motion,
may, with the consent of the presentment agency and with the consent of
the respondent, substitute a petition alleging that the respondent is in
need of supervision for a petition alleging that the respondent is a
juvenile delinquent.

2. At the conclusion of the dispositional hearing the court, upon
motion of the respondent or its own motion, may in its discretion and
with the consent of the respondent, substitute a finding that the
respondent is a person in need of supervision for a finding that the
respondent is a juvenile delinquent.

3. In any proceeding under this article based upon an arrest for an
act of prostitution, there is a presumption that the respondent meets
the criteria as a victim of a severe form of trafficking as defined in
section 7105 of title 22 of the United States Code (Trafficking Victims
Protection Act of 2000). Upon the motion of the respondent, without the
consent of the presentment agency, a petition alleging that the
respondent is in need of supervision shall be substituted for the
delinquency petition. If, however, the respondent has been previously
adjudicated as a juvenile delinquent under this article for an act which
would be a crime pursuant to article two hundred thirty of the penal
law, if the respondent was an adult, or expresses a current
unwillingness to cooperate with specialized services for sexually
exploited youth, continuing with the delinquency proceeding shall be
within the court's discretion. The necessary findings of fact to support
the continuation of the delinquency proceeding shall be reduced to
writing and made part of the court record. If, subsequent to issuance of
a substitution order under this subdivision and prior to the conclusion
of the fact finding hearing on the petition alleging that the respondent
is a person in need of supervision, the respondent is not in substantial
compliance with a lawful order of the court, the court may, in its
discretion, substitute the original petition alleging that the
respondent is a juvenile delinquent for the petition alleging that the
respondent is in need of supervision.