In the Matter of Casey

Decision of Appellate Division, Third Department


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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