From Casetext: Smarter Legal Research

Matter of Theresa

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 22, 1995
222 A.D.2d 1107 (N.Y. App. Div. 1995)

Opinion

December 22, 1995

Appeal from the Niagara County Family Court, Crapsi, J.

Present — Denman, P.J., Pine, Wesley, Balio and Boehm, JJ.


Order unanimously modified on the law and as modified affirmed without costs and matter remitted to Niagara County Family Court for further proceedings in accordance with the following Memorandum: Pursuant to Family Court Act § 311.4 (1), respondent agreed to the substitution of a petition alleging that she was a person in need of supervision for a juvenile delinquency petition charging her with an assault. Generally, there must be more than a single incident to support a determination that a child is a person in need of supervision (see, Matter of Raymond O., 31 N.Y.2d 730; Matter of David W., 28 N.Y.2d 589). In the circumstances of this case, however, where respondent consents to the substitution and admits the assault, the general rule is inapplicable (see, Matter of Robert Z., 214 A.D.2d 203).

Although respondent's placement with the Division for Youth for 18 months may be an appropriate placement, the record contains no indication that any alternatives were considered by the court or that the placement is the least restrictive effective disposition that is best suited to meet respondent's needs (see, Matter of Sandra XX., 169 A.D.2d 992; cf., Matter of Timothy T., 216 A.D.2d 959). Thus, the matter must be remitted to Family Court for a dispositional hearing and factual findings.

We have reviewed the remaining contentions of respondent and conclude that they are without merit.


Summaries of

Matter of Theresa

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 22, 1995
222 A.D.2d 1107 (N.Y. App. Div. 1995)
Case details for

Matter of Theresa

Case Details

Full title:In the Matter of THERESA C., a Person Alleged to be in Need of…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Dec 22, 1995

Citations

222 A.D.2d 1107 (N.Y. App. Div. 1995)
636 N.Y.S.2d 249