In the Matter of Casey

Decision of Appellate Division, Third Department

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Decision of the Appellate Division, Third Department in 2004 on an appeal taken from the Family Court, County of Fulton, State of New York. In cases where a child has been placed on probation as a Person in Need of Supervision and a petition is filed alleging a violation of probation, the Family Court Judge had a policy at that time of conducting a hearing only as to whether a violation occurred, and not permitting any proof as to disposition. After finding a violation of probation, the court proceeded to place the child without allowing dispositional proof. The Appellate Division found that respondents in P.I.N.S. cases are entitled to a dispositional hearing in a probation violation proceeding.

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Reference Info:Decision | State, 2nd Circuit, New York | United States


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