Legal Opinion

In re Andrew R.

New York City Family Court

Decided October 7, 1982PublishedCited by 9 opinions

1Opinion of the Court

*938OPINION OF THE COURT

Daniel D. Leddy, Jr., J.

In dismissing the instant person in need of supervision (PINS) proceeding this court holds that 13-year-old Andrew R. was legally justified in resisting his parents’ efforts to return him to foster care against his will. Reaching this decision, the court concludes that his placement at Hawthorne Cedar Knolls (Hawthorne) for over seven months under a so-called voluntary placement without any review by a neutral fact finder violated his fundamental liberty interest as protected by the due process clause of the Fourteenth Amendment to the United States…

2Cases cited25 opinions

  1. In Re GAULTSupreme Court of the United States · 1967
  2. Wisconsin v. YoderSupreme Court of the United States · 1972
  3. Meyer v. NebraskaSupreme Court of the United States · 1923
  4. Pierce v. Society of SistersSupreme Court of the United States · 1925
  5. Planned Parenthood of Central Missouri v. DanforthSupreme Court of the United States · 1976

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3Cited by9 opinions

  1. In re Guy II.Appellate Division of the Supreme Court of the State of New York · 1993
  2. In re Barbara M.New York City Family Court · 1985
  3. In re Keith H.New York City Family Court · 1990
  4. East Islip High School v. Ian M.Appellate Division of the Supreme Court of the State of New York · 2006
  5. In re Anthony C.New York City Family Court · 1989

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