Legal Opinion
In re Jazmin A.
Appellate Division of the Supreme Court of the State of New York
Decided May 19, 2009PublishedCited by 5 opinions
1Opinion of the Court
Order, Family Court, Bronx County (Monica Drinane, J.), entered on or about April 16, 2008, which remanded appellant to a detention facility operated by the New York City Department of Juvenile Justice, unanimously reversed, on the law, without costs, and the order vacated.
*527Having issued an order of disposition placing appellant on probation, the Family Court lacked authority to remand her to detention in the absence of a violation of probation petition (see Family Ct Act §§ 360.2, 360.3 [2] [b]; People ex rel. Silbert v Cohen, 29 NY2d 12 [1971]). For purposes of a detention determination…
2Cases cited2 opinions
- Mental Hygiene Legal Services v. FordNew York Court of Appeals · 1998
- People Ex Rel. Silbert v. CohenNew York Court of Appeals · 1971
3Cited by5 opinions
- In re Jazmin A.New York Court of Appeals · 2010
- In re Miguel P.New York City Family Court · 2009
- In re Samuel R.Appellate Division of the Supreme Court of the State of New York · 2009
- In re Rayshawn P.Appellate Division of the Supreme Court of the State of New York · 2012
- In re Rayshawn P.Appellate Division of the Supreme Court of the State of New York · 2012