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Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision

In re Susan B.

Susan, a 15-year-old girl, was deemed a "Person In Need of Supervision" (PINS) due to persistent incorrigible conduct, including truancy and physical assault. Despite multiple failed placements in various treatment centers, the Family Court affirmed her placement at the Hudson School for Girls, considering it the most suitable resource. On appeal, the order was unanimously affirmed, with the court rejecting arguments that continued placement beyond the age of 16 violates due process and equal protection guarantees under the Federal and State Constitutions, based on interpretations of the Family Court Act.

Juvenile LawPINSFamily Court ActDue ProcessEqual ProtectionPlacement ExtensionIncorrigible ConductHudson School for GirlsAppellate ReviewLaw Guardian
References
2
Case No. MISSING
Regular Panel Decision
Jan 08, 1990

In re Rafael M.

An order of disposition from the Family Court, Bronx County, adjudicating an appellant a juvenile delinquent and placing him in custody, was unanimously affirmed. The appellant admitted to acts of unauthorized vehicle use, and despite initial parole conditions, showed a lack of seriousness and a history of truancy. Psychological evaluations recommended a structured environment due to the appellant's low intellectual function, poor judgment, and impulse control. The court determined that placement with a private agency or the Division for Youth was the least restrictive alternative consistent with the appellant's needs and community protection. The appellate court found that the Family Court acted within its broad discretion in reaching its conclusion.

Juvenile DelinquencyFamily LawProbation ViolationTruancyPlacementLeast Restrictive AlternativeChild WelfareAppellate ReviewPsychological EvaluationVehicle Theft
References
2
Case No. 2023 NY Slip Op 03275 [217 AD3d 1168]
Regular Panel Decision
Jun 15, 2023

Matter of Jazmyne VV.

This case involves an appeal by Jazmyne VV. from an order of the Family Court of Cortland County, which adjudicated her a Person in Need of Supervision (PINS). The principal of Randall Middle School, Juliann Quinn, filed the PINS petition due to Jazmyne's habitual truancy and disobedient behavior. Jazmyne argued that the PINS petition was jurisdictionally defective, citing the absence of a manifestation determination hearing and the Probation Department's failure to provide its case record to Family Court. The Appellate Division, Third Department, affirmed the Family Court's order, concluding that a manifestation determination hearing was not warranted as Jazmyne was not a special education student at the time, the record was made available to the court, and the petition adequately detailed diversion efforts.

PINSTruancySpecial Education Student StatusManifestation Determination HearingDiversion ServicesFamily Court Act Article 7Appellate ReviewJurisdictional DefectsCortland CountySchool Discipline
References
12
Case No. MISSING
Regular Panel Decision
Jul 18, 2006

In re Timothy HH.

A 14-year-old respondent was adjudicated a juvenile delinquent by the Family Court of St. Lawrence County for criminal mischief in the fourth degree. The petitioner alleged the respondent damaged a car belonging to a St. Lawrence County Youth Advocacy Program worker who had impounded his puppies due to truancy. Respondent asserted a justification defense, believing the worker was stealing his pets. The Family Court rejected this defense and placed the respondent in the custody of the St. Lawrence County Commissioner of Social Services for one year. The appellate court affirmed the Family Court's decision, finding sufficient evidence to support the charge and disprove the justification defense, clarifying that Penal Law § 35.25 pertains to force against persons, not property.

Juvenile DelinquencyCriminal MischiefTruancyJustification DefenseFamily Court AppealProperty DamageAppellate ReviewPenal LawFamily Court ActSt. Lawrence County
References
9
Case No. MISSING
Regular Panel Decision
Apr 30, 1975

In re Jose D.

The case involves an appeal against a Family Court order from Bronx County, issued on April 30, 1975, which placed an appellant with the Division for Youth Title III. This placement followed a 1973 determination that the appellant was a person in need of supervision (PINS), stemming from a 1972 petition filed by his mother due to truancy and disobedience. After an initial placement at Lincoln Hall and a subsequent abscondment, the appellant was later located, returned, and then transferred to the Division for Youth. The appellate court unanimously reversed the 1975 order, remanding the case for a new dispositional hearing. The court highlighted that at 16 years old, the appellant's failure to attend school alone could not justify a new petition. Crucially, evidence presented at the hearing indicated the appellant's efforts towards rehabilitation while residing with his mother, her desire for him to remain home, and the willingness of a Legal Aid Society social worker to help arrange a specialized school program, suggesting more suitable alternatives to confinement.

PINSJuvenile JusticeFamily LawTruancyDispositional HearingAppealReversed and RemandedRehabilitationChild WelfareNew York Family Court
References
0
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