Monroe County Attorney, Petitioner-Respondent. v. <<

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Supreme Court, Appellate Division, Fourth Department, New York.

Matter of VIDAL W., Respondent-Appellant. Monroe County Attorney, Petitioner-Respondent.

Decided: December 30, 1999

PRESENT:  PINE, J.P., HAYES, WISNER, PIGOTT, JR., and SCUDDER, JJ. Ardeth L. Houde, Rochester, for respondent-appellant. Scott William Westervelt, Rochester, for petitioner-respondent.

Family Court did not abuse its discretion in directing respondent's placement with the Office of Children and Family Services in a limited secure facility.   The evidence at the dispositional hearing establishes that respondent has problems with drug use and assaultive behavior and is in need of psychiatric counseling, educational services and a structured environment.   The evidence further establishes that those problems and needs can be addressed most effectively in a limited secure facility.   The proposal of respondent that he enter the Job Corps as soon as he is old enough does not address his need for psychiatric counseling and drug treatment, and, in any event, there is no evidence that he would be accepted into that program.   We conclude, therefore, that the court properly adopted the least restrictive available alternative consistent with the needs and best interests of respondent and the need for protection of the community (see, Family Ct. Act § 352.2[2][a];  Matter of Katherine W., 62 N.Y.2d 947, 948, 479 N.Y.S.2d 190, 468 N.E.2d 28;  Matter of Willie J. H., 258 A.D.2d 938, 685 N.Y.S.2d 535).

Order unanimously affirmed without costs.


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