Citation Numbers: 115 A.D.2d 802, 495 N.Y.S.2d 746, 1985 N.Y. App. Div. LEXIS 55203
Judges: Yesawich
Filed Date: 12/5/1985
Status: Precedential
Modified Date: 10/28/2024
Appeal from an order of the Family Court of St. Lawrence County (Nelson, J.), entered December 7, 1984, which granted petitioner’s application, in a proceeding pursuant to Family Court Act article 3, to adjudicate respondent a juvenile delinquent.
Family Court Act § 352.2 (2) directs the court to "order the least restrictive available alternative enumerated in subdivision one which is consistent with the needs and best interests of the respondent and the need for protection of the community”. That directive has been complied with. Respondent’s father, a United States Air Force captain stationed in Alabama, proposed that the boy be put on probation and placed in his custody. The father promised to return respondent to the psychiatric hospital in Louisiana where respondent had received treatment on two prior occasions. Petitioner had several compelling reasons for resisting the father’s proposal: twice before such placement had failed to remediate respondent’s penchant for stealing automobiles and other personal property; the severity of his misconduct while in foster care for only one month indicated that he was indeed a threat to the community and required State intervention and control; and petitioner would be deprived of any continued supervision over him if the case was transferred to Alabama.
Inasmuch as respondent had, during the month in foster care, feigned hanging himself on the front porch of the foster home, set fire to the garage, stolen diamond earrings from the foster mother, stolen the foster family’s car as well as other property and then fled to a remote location, there is ample basis for concluding that respondent’s interests, and that of the community, warranted placing him in a secure, structured environment under the auspices of the DFY.
Order affirmed, without costs. Kane, J. P., Main, Casey, Yesawich, Jr., and Harvey, JJ., concur.