In re Nathan S.
This case involves an appeal from an order of the Family Court of Franklin County, which adjudicated a juvenile a delinquent for committing an act that would constitute third-degree burglary if committed by an adult. Following a dispositional hearing, the Family Court placed the juvenile in the custody of the Franklin County Commissioner of Social Services for 12 months, in a residential facility offering therapy, as recommended by a psychiatrist. The petitioner appealed on two grounds: first, that a less restrictive alternative (placement with parents) was not tried, and second, that the Law Guardian was granted unlimited direct access to information from the Department of Social Services case workers. The appellate court affirmed the placement decision, stating that the law does not require less restrictive alternatives to fail before more restrictive ones are imposed. However, the court modified the order by deleting the provision granting the Law Guardian unfettered access to Department records, finding insufficient factual basis for such broad access.