Petition (For Violation Of Order Of Probation Or Conditional Discharge) {3-40}

Form 3-40 - PETITION FOR VIOLATION OF ORDER OF PROBATION OR CONDITIONAL DISCHARGE. This form is used in New York Family Court to allege that a juvenile delinquent has willfully violated the terms of a court-ordered probation or conditional discharge. The petition is typically filed by a probation officer or authorized presentment agency and must describe the specific violations, including the time, place, and manner in which they occurred. If the petition seeks placement or modification of the existing order, it must address whether continued residence in the respondent’s home is contrary to their best interests, whether reasonable efforts were made to prevent removal, and, if applicable, provide details supporting placement in a Qualified Residential Treatment Program (QRTP). The form includes sections for permanency planning, justification for higher-level care, and verification by the probation or presentment agency. F.C.A. §§355, 5, 360.2, 360.3; S.S.L. §§393, 409-h. www.FormsWorkflow.com