Login
  • Bookmark
  • PDF
  • Share
  • CaseIQ

IN THE MATTER OF JAIME D

Appellate Division of the Supreme Court of New York, Second Department.
Apr 29, 2002
Important Paras
Please sign up to view Important Paras.

ORDERED that the order of disposition is affirmed, without costs or disbursements.

The Family Court providently exercised its discretion in placing the appellant with the Office of Children and Family Services for placement in a nonsecure facility after he violated the terms and conditions of his probation (see Matter of Jarel S., 282 A.D.2d 681, 682). The evaluative reports indicated that the appellant required a more structured environment and intense supervision than he could obtain through community-based services, that his mother could not control his behavior, and that he had threatened school staff (see Matter of Kenya A., 237 A.D.2d 207; Matter of James S., 219 A.D.2d 569; Matter of Paul C., 210 A.D.2d 23). Family Court Act ยง 352.2(2) does not require that a previously unsuccessful less restrictive alternative be attempted again before a more restrictive alternative is imposed (see Matter of Jarel S., supra) or that the court try each succeeding level of intervention before ordering placement (see Matter of Tristan W., 258 A.D.2d 585, 586).

O'BRIEN, J.P., LUCIANO, TOWNES and CRANE, JJ., concur.