X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Decided and Entered: November 23, 2005 97858 ________________________________ In the Matter of MARTIN E., a Juvenile Delinquent. CLINTON COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent; MARTIN E., Appellant. ________________________________ Calendar Date: October 11, 2005 Before: Cardona, P.J., Peters, Spain, Carpinello and Kane, JJ. __________ Richard V. Manning, Parishville, for appellant. Van Crockett, Clinton County Department of Social Services, Plattsburgh, for respondent. __________ Peters, J. Appeal from an order of the Family Court of Clinton County (Lawliss, J.), entered March 11, 2005, which, inter alia, granted petitioner’s application, in a proceeding pursuant to Family Ct Act article 3, to extend respondent’s placement with petitioner. In December 2003, respondent was adjudicated a juvenile delinquent and placed in petitioner’s custody for a period of one year. This proceeding was initiated for an extension of respondent’s placement and an approval of his permanency plan. After a hearing, Family Court granted the relief requested, thus prompting this appeal. We find no error in Family Court’s consideration of the Uniform Case Review Risk Assessment and Service Plan, annexed as an exhibit to the petition, since those documents are required by 22 NYCRR 205.17 (d) (2). In addition to its consideration of those documents, Family Court reviewed the testimony of the director of clinical services at respondent’s residence, its social worker and the family’s foster care caseworker, before determining that it was not in respondent’s best interests to return to his mother’s custody. It found that the mother was unable to provide respondent with meaningful and adequate supervision in light of his then-current behaviors, which demonstrated that he posed a danger to himself, his mother and the community. It further determined that petitioner made reasonable efforts with both respondent and his mother to assist in respondent’s safe return home (see Family Ct Act § 355.3 [4] [i]; Matter of Michael RR., 266 AD2d 709, 710-711 [1999]). According due deference to the credibility determinations made by Family Court (see Matter of Michael RR., supra at 710; Matter of Sabrina S., 256 AD2d 914, 915 [1998]), we find that a preponderance of credible evidence supports the determination rendered (see Family Ct Act § 350.3 [2]; see also Matter of Mickie PP., 279 AD2d 943, 945 [2001]). Cardona, P.J., Spain, Carpinello and Kane, JJ., concur. ORDERED that the order is affirmed, without costs.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
April 18, 2024
New York, NY

Join the industry's top owners, investors, developers, brokers & financiers at THE MULTIFAMILY EVENT OF THE YEAR!


Learn More
April 25, 2024
Dubai

Law firms & in-house legal departments with a presence in the middle east celebrate outstanding achievement within the profession.


Learn More

Atlanta s John Marshall Law School is seeking to hire one or more full-time, visiting Legal WritingInstructors to teach Legal Research, Anal...


Apply Now ›

Lower Manhattan firm seeks a premises liability litigator (i.e., depositions, SJ motions, and/or trials) with at least 3-6 years of experien...


Apply Now ›

At NJM, a top-rated insurance company, we are seeking an Attorney on our Workers Compensation legal team with between 3 and 5 years of expe...


Apply Now ›
04/15/2024
Connecticut Law Tribune

MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS


View Announcement ›
04/11/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
04/08/2024
Daily Report

Daily Report 1/2 Page Professional Announcement 60 Days


View Announcement ›