Opinion
2018–02053 2018–02055 Docket No. D–06554–15/17A
10-31-2018
In the MATTER OF JAYLA K. (Anonymous), Appellant.
Dawn M. Shammas, Harrison, NY, for appellant. James M. Fedorchak, County Attorney, Poughkeepsie, NY (Victor A. Civitillo of counsel), for respondent.
Dawn M. Shammas, Harrison, NY, for appellant.
James M. Fedorchak, County Attorney, Poughkeepsie, NY (Victor A. Civitillo of counsel), for respondent.
CHERYL E. CHAMBERS, J.P., SYLVIA O. HINDS–RADIX, HECTOR D. LASALLE, ANGELA G. IANNACCI, JJ.
DECISION & ORDER
In a proceeding pursuant to Family Court Act article 3, Jayla K. appeals from (1) a violation of probation order of the Family Court, Dutchess County (Denise M. Watson, J.), and (2) an order of the same court directing the detention of the appellant, both dated January 2, 2018. The violation of probation order vacated a prior order of disposition of the same court dated December 6, 2016, and placed the appellant in the custody of the Dutchess County Department of Community and Family Services for a period of up to 12 months. The order directing detention remanded the appellant to nonsecure detention with the Dutchess County Department of Community and Family Services.
ORDERED that the orders are affirmed, without costs or disbursements.
Contrary to the appellant's contention, the Family Court did not improvidently exercise its discretion in placing her in the custody of the Dutchess County Department of Community and Family Services for a period of up to 12 months (see Matter of Jalen G. , 104 A.D.3d 853, 853, 961 N.Y.S.2d 536 ). The record establishes that this disposition was the least restrictive alternative consistent with the best interests of the appellant and the needs of the community (see Family Ct. Act § 352.2[2][a] ), particularly in light of her poor attendance and performance at school, her running away from home while on probation, her need for mental health treatment, and her guardian's inability to ensure that she attend school and engage in the services ordered by the court (see Matter of Jovan B. , 151 A.D.3d 842, 56 N.Y.S.3d 567 ; Matter of Ryan G. , 112 A.D.3d 712, 713, 976 N.Y.S.2d 399 ; Matter of Jalen G. , 104 A.D.3d at 853–854, 961 N.Y.S.2d 536 ).
CHAMBERS, J.P., HINDS–RADIX, LASALLE and IANNACCI, JJ., concur.