MATTER OF ANDREW R. 454 N.Y.S.2d 820 (1982) CASE BRIEF

MATTER OF ANDREW R.

454 N.Y.S.2d 820 (1982)

NATURE OF THE CASE: This was a dispute over placement of a minor in foster care.

FACTS: Andrew's (D) father filed a petition with the court alleging that his son was a Person in Need of Supervision (PINS) claiming that D was beyond the lawful control of his parents. The father alleged that D threatened him with a knife and damaged household property. The petition alleged that D had been voluntarily placed in the Hawthorne Cedar Knoll, a residential treatment center under a voluntary placement instrument. The petition also alleged that D truanted from school for over two years and truanted while in placement. During the August, 1982 hearing D's father's counsel tried to elicit additional testimony about alleged misconduct other that what was listed in the petition and D's guardian objected as a matter of statutory and constitutional law. The trial court sustained the objection; as such, a cause of action requires specific allegations. The father testified that D voluntarily agreed to placement in the Knolls location. D disputed that contention and claimed that he was tricked into going to the home and in August ran away from that home and refused to return. D maintained that the placement was voluntary and authorized under Social Services Law Sec. 384-a; a voluntary placement instrument.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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