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Matter of Vidal W

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 30, 1999
267 A.D.2d 1104 (N.Y. App. Div. 1999)

Opinion

December 30, 1999

Appeal from Order of Monroe County Family Court, Miller, J. — Juvenile Delinquency.

Order unanimously affirmed without costs.

PRESENT: PINE, J. P., HAYES, WISNER, PIGOTT, JR., AND SCUDDER, JJ.


Memorandum:

Family Court did not abuse its discretion in directing respondent's placement with the Office of Children and Family Services in a limited secure facility. The evidence at the dispositional hearing establishes that respondent has problems with drug use and assaultive behavior and is in need of psychiatric counseling, educational services and a structured environment. The evidence further establishes that those problems and needs can be addressed most effectively in a limited secure facility. The proposal of respondent that he enter the Job Corps as soon as he is old enough does not address his need for psychiatric counseling and drug treatment, and, in any event, there is no evidence that he would be accepted into that program. We conclude, therefore, that the court properly adopted the least restrictive available alternative consistent with the needs and best interests of respondent and the need for protection of the community ( see, Family Ct Act § 352.2[a]; Matter of Katherine W., 62 N.Y.2d 947, 948; Matter of Willie J. H., 258 A.D.2d 938).


Summaries of

Matter of Vidal W

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 30, 1999
267 A.D.2d 1104 (N.Y. App. Div. 1999)
Case details for

Matter of Vidal W

Case Details

Full title:MATTER OF VIDAL W., RESPONDENT-APPELLANT. MONROE COUNTY ATTORNEY…

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

Date published: Dec 30, 1999

Citations

267 A.D.2d 1104 (N.Y. App. Div. 1999)
701 N.Y.S.2d 225

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