Published on:

April 19,2017

In October of 2017, the Administration of Child Services (ACS) filed an Article 10 proceeding on behalf of the child Donnisha, against the paternal grandmother and uncle.

A petition for neglect states that Ms. PW (grandmother), and Mr. S (uncle), are responsible for the child’s care under Family Court Act (FCA 1012). The petition alleges that the defendants are failing to properly care for the child (neglect), and are inflicting corporal punishment.

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The minor respondent Kenroy, 14 years old was arrested and charged with various adult crimes. Pursuant to a petition filed on 11/16, he admitted the offense of reckless endangerment in the second degree, which is classified as a misdemeanor. The court ordered an investigative report be done, which is called an I&R. This report recommended an adjournment in contemplation of a dismissal for 6 months with a referral to prosocial programs. The report concluded that the respondent was at a low risk for recidivism. The victim requested restitution.

The presentment agency’s position is that the least restrictive course of action should be taken on the condition that the respondent pays restitution for medical costs. The attorney for the minor argued that the family could not afford restitution.

The purpose of the delinquency hearing is to ensure that the offense isn’t handled like a crime. These hearings are designed not to punish the defendant and address the causes of a delinquency through treatment. A standard of the juvenile justice system is not to treat the juvenile like an adult criminal. A family court adjudication is a civil proceeding to “supervise and guide troubled youth” (Matter of Quinton A. 49 NY2d 328, [1980], Green v. Montgomery 95 NY2d 693, 697-98.

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