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Matter of Ellie

Appellate Division of the Supreme Court of New York, Third Department
Dec 23, 1981
85 A.D.2d 841 (N.Y. App. Div. 1981)

Opinion

December 23, 1981


Appeal from an order of the Family Court of St. Lawrence County (Follett, J.), entered May 4, 1981, which denied petitioner's application for termination of placement of her daughter. Because of habitual school truancy, petitioner's daughter Ellie was adjudged a person in need of supervision (PINS), was placed with the Commissioner of Social Services, and was sent to George Junior Republic, from which she ultimately absconded in August, 1980. Since then, officials have been unable to locate her. Her mother petitioned to have placement terminated on the ground that Ellie became 16 on August 28, 1980 and thus could no longer be compelled to attend school. The court declined to terminate supervision, noting that Ellie's need for the continued services of the court could not be determined until "her recent conduct is known and her present needs assessed". The situation presented here is markedly different from that presented in Matter of Terry UU. ( 52 A.D.2d 683) where the sole basis for the need of supervision was the minor's school truancy. Here the record is replete with evidence indicating that Ellie's problems are far more significant than mere failure to attend school, including an unwholesome symbiotic relationship with her mother (who apparently refuses to aid authorities in locating her), an unwanted pregnancy with resultant abortion, suicide threats, and a complete disregard for authority. In these circumstances, continued supervision is warranted at the very least until complete information is gathered regarding Ellie's present circumstances and a new dispositional hearing can be held. Order affirmed, without costs. Kane, J.P., Main, Mikoll, Yesawich, Jr., and Weiss, JJ., concur.


Summaries of

Matter of Ellie

Appellate Division of the Supreme Court of New York, Third Department
Dec 23, 1981
85 A.D.2d 841 (N.Y. App. Div. 1981)
Case details for

Matter of Ellie

Case Details

Full title:In the Matter of ELLIE OO., a Person Alleged to be in Need of Supervision…

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

Date published: Dec 23, 1981

Citations

85 A.D.2d 841 (N.Y. App. Div. 1981)

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