In re Bianca S.

36 Misc. 3d 478
CourtNew York City Family Court
DecidedApril 11, 2012
StatusPublished

This text of 36 Misc. 3d 478 (In re Bianca S.) is published on Counsel Stack Legal Research, covering New York City Family Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Bianca S., 36 Misc. 3d 478 (N.Y. Super. Ct. 2012).

Opinion

OPINION OF THE COURT

Joan S. Kohout, J.

On February 23, 2012, the Monroe County Department of Human Services (DHS) filed a petition alleging that the respondent Bianca S. violated the terms of an order placing her with DHS as a person in need of supervision (PINS). The petition also requested an extension of placement and a permanency hearing. Attached to the petition is a copy of the court order that placed the respondent with DHS, as well as an affidavit from Jordan Pier, a residential counselor at St. Joseph’s Villa, alleging that the respondent left St. Joseph’s Villa on February 17, 2012 without permission and never returned.

This decision amplifies the bench decision issued by the court on March 28, 2012 at the conclusion of the fact-finding hearing.

[480]*480Background

After the petition was filed on February 23, 2012, a warrant was issued for the respondent. The respondent was produced on the warrant on March 1, 2012, at which time she was in the Monroe County Jail on an adult criminal charge. The case was adjourned until the next day for appearance of the respondent’s attorney.

On March 2, 2012, substitute counsel appeared with the respondent. At that time, the court was advised that the respondent was scheduled for sentencing on a criminal charge on March 7, 2012. It was also determined that the respondent’s mother was incarcerated in the New York State Department of Corrections and Community Supervision. The case was adjourned for appearance of the respondent’s assigned attorney, production of her mother from prison and information about the status of the criminal case.

On March 8, 2012, the respondent’s mother was produced from Albion Correctional Facility and counsel appeared with the respondent. Counsel advised the court that the respondent had received a sentence of four months in the Monroe County Jail plus five years’ probation. The respondent was required to complete her placement with DHS as a condition of probation. Counsel also reported that the respondent expected to be released from the jail in about six weeks. The case was adjourned for DHS to look into other residential programs for the respondent, since St. Joseph’s Villa refused to accept the respondent back.

On March 21, 2012, the respondent, counsel and DHS appeared, but the respondent’s mother was not produced from prison. The case was adjourned for a hearing on the violation petition and for appearance of the respondent’s mother.

On March 28, 2012, a hearing was held on the violation petition. DHS elected not to go forward with the alternative request for an extension of placement. At the hearing, the petitioner presented the testimony of DHS caseworker Halyma Chavez and Jordan Pier, a residential counselor at St. Joseph’s Villa, both of whom testified credibly. No proof was presented by the respondent. The court took judicial notice of the relevant court orders.

For the reasons stated below, the court sustained the violation petition, placed the respondent with DHS for a new term of 12 months and held a permanency hearing setting the goal as place[481]*481ment in a planned living arrangement with a significant connection to an adult, her mother.

Violation Petition

On August 24, 2010, Bianca S., who was born July 31, 1994, was adjudicated a PINS and placed with DHS specifically for placement at Hillside Children’s Center for 12 months. The court order outlines a variety of problems supporting the respondent’s need for placement, including a “history of awols, missed school and inability to comply with rules of the home/ conflicts with father.” At that time, the court determined that the respondent required “[placement in a highly structured setting that will ensure treatment in relation to trauma, mental health and impulse/anger control.”

On August 9, 2011, the respondent agreed to a nine-month extension of placement with DHS terminating on August 8, 2012.1 The extension of placement order outlined the respondent’s needs and the services provided to assist her: “Respondent Bianca S. has been offered a structured and supervised living setting along with counseling and other services to address behavioral, emotional and mental health issues, including substance abuse treatment, counseling, support for educational goals . . . .” The order also states that the respondent’s mother was returned to prison and was unavailable to care for the respondent.

DHS caseworker Halyma Chavez testified that the respondent is currently placed with DHS. Ms. Chavez is responsible for monitoring the respondent’s placement, which most recently has been at St. Joseph’s Villa. The respondent’s case was transferred to Ms. Chavez in February 2012 after the respondent was transferred from a group home to the St. Joseph’s Villa residential facility because of behavior issues. Ms. Chavez spoke to the St. Joseph’s Villa worker, Becky Ash and met with the respondent twice, including a visit at the jail. Ms. Chavez also signed the petition as a representative of DHS.

St. Joseph’s Villa residential counselor, Jordan Pier, also testified. Ms. Pier is a residential counselor at St. Bernard’s Cottage at St. Joseph’s Villa where the respondent was placed. Although Ms. Pier did not know the exact date that the respondent came [482]*482to the cottage, she recalled that the respondent was there during the holidays. Ms. Pier teaches independent living skills and coping methods to the residents. She also directly supervises the girls in the cottage.

On February 17, 2012, the respondent was stressed after having a bad phone call and told Ms. Pier that she needed to “breathe.” The respondent left the cottage ignoring Ms. Pier’s request for her to return. The respondent did not have permission to leave and never returned to St. Joseph’s Villa.

The respondent did not testify and did not present any witnesses or proof.

At the conclusion of the hearing, the respondent’s counsel requested a dismissal of the petition alleging that there was insufficient proof that the respondent was the same Bianca S. who was the subject of the testimony.

The violation of placement petition is sustained and the respondent’s motion to dismiss is denied. The petitioner satisfactorily proved by competent proof that the respondent left the institution where she was placed without just cause (see Family Ct Act § 778).

The court also finds satisfactory proof that the respondent is the individual alleged in the petition to have violated the PINS placement order. The court takes notice of the multiple court orders issued during these proceedings to produce the respondent from the Monroe County Jail, all of which directed the production of Bianca S., date of birth: July 31, 1994, which is the name and date of birth contained in the petition. As a result of the orders to produce, the respondent appeared in Family Court for the violation hearing and at three prior court dates on this petition. At no time did the respondent or her attorney deny the paragraph in the petition which listed the respondent’s name and date of birth. Nor did the respondent deny that she is the same person named in the court orders of placement alleged in paragraphs five and six of the petition. Moreover, the hearing testimony provided additional circumstantial proof that the individual before the court was the same individual referenced in the orders and petition.

Dispositional Order

I.

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Cite This Page — Counsel Stack

Bluebook (online)
36 Misc. 3d 478, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-bianca-s-nycfamct-2012.