Matter of Rajan M.
| Citation | 35 A.D.3d 863,826 N.Y.S.2d 720,2006 NY Slip Op 10073 |
| Decision Date | 26 December 2006 |
| Docket Number | 2006-01776.,Docket No. S-3128-05. |
| Parties | In the Matter of RAJAN M., Appellant, |
| Court | New York Supreme Court Appellate Division |
Ordered that the order of disposition is reversed, on the law, without costs or disbursements, the fact-finding order is vacated, and the proceeding is dismissed.
On June 3, 2005 a representative of the Poughkeepsie School District filed a petition in the Dutchess County Family Court alleging that the appellant was a person in need of supervision. On September 27, 2005 the appellant admitted to being truant from school on three occasions. Following a dispositional hearing on January 6, 2006 the Family Court adjudicated the appellant a person in need of supervision and placed him in the custody of the Dutchess County Commissioner of Social Services.
We agree with the appellant's contention that the petition was jurisdictionally defective because it failed to comply with Family Court Act § 735. In 2005, the New York State Legislature enacted sweeping and comprehensive changes to Family Court Act article 7 governing persons in need of supervision (PINS) proceedings (L 2005, ch 57, part E, § 1 et seq.). The new and amended provisions, namely sections 732 and 735, were designed to "divert cases involving non-criminal youthful behavior, afford services to troubled children and their families, and minimize the need for judicial involvement" (Sobie, 2005 Supp Practice Commentaries, McKinney's Cons Laws of NY, Book 29A, Family Ct Act § 735, 2006 Pocket Part, at 25). Section 732, as amended, now provides that a petition must allege that the "petitioner has complied with the provisions of section seven hundred thirty-five of this article" (Family Ct Act § 732 [d]). Section 735, as amended, requires counties to designate a lead agency, either the local social services district or the probation department, to offer "diversion services" to the youth and his or her family (Family Ct Act § 735 [a]). Unlike the former section 735, no time limit is set for diversion efforts (Family Ct Act § 735 [f]). The diversion services of section 735 include documented diligent attempts by the lead agency to engage the youth and his or her family in targeted community-based services (Family Ct Act § 735 [d]). In this regard, section 735 (d) (ii) requires the scheduling of at least one conference with the youth and his or her family and the person or representatives of the entity seeking to file a petition under ...
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Jairy R. v. Jeffrey H.
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Haley M.T. v. Penn Yan Cent. Sch. Dist.
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...requiring dismissal of the petition ( Matter of Leslie H. v. Carol M.D., 47 A.D.3d 716, 717, 849 N.Y.S.2d 612; see Matter of Rajan M., 35 A.D.3d 863, 865, 826 N.Y.S.2d 720). It is hereby ORDERED that the order so appealed from is unanimously reversed on the law without costs, the motion is ......
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In re Sage G.
...fact that noncompliance with Family Court Act 735(g)(ii)(B) constitutes a nonwaivable jurisdictional defect ( see Matter of Rajan M., 35 A.D.3d 863, 864–865, 826 N.Y.S.2d 720), we consider the appellant's contention on the merits even at this stage of the PINS proceeding ( see Matter of Ram......