Wayne County Department of Social Services v. Hawthorne

Appellate Division of the Supreme Court of New York

Wayne County Department of Social Services v. Hawthorne

73 A.D.2d 789, 423 N.Y.S.2d 706, 1979 N.Y. App. Div. LEXIS 14660

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 7, 1979

StatusPublished

Cited by2 cases

This text of 73 A.D.2d 789 (Wayne County Department of Social Services v. Hawthorne) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Wayne County Department of Social Services v. Hawthorne, 73 A.D.2d 789, 423 N.Y.S.2d 706, 1979 N.Y. App. Div. LEXIS 14660 (N.Y. Ct. App. 1979).

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Opinion

— Order unanimously reversed, with costs, and petition dismissed. Memorandum: Absent a finding of abuse or unreasonable parental demands, it is an improper use of judicial discretion to direct reimbursement by a parent to the Department of Social Services for public assistance rendered to a minor who has abandoned her home. Although the statutory obligation of parents to support a child (Family Ct Act, § 415; Social Services Law, § 101) is stated in mandatory [790]*790terms, a child who voluntarily and without good cause abandons the parents’ home forfeits her right to support (Matter of Parker v Stage, 43 NY2d 128; Matter of Roe v Doe, 29 NY2d 188; Wayne County Dept. of Social Servs. v Crossley, 60 AD2d 794). (Appeal from order of Wayne County Family Court — Family Ct Act, art 4.) Present — Hancock, Jr., J. P., Schnepp, Callahan, Doerr and Moule, JJ.

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— Order unanimously reversed, with costs, and petition dismissed. Memorandum: Absent a finding of abuse or unreasonable parental demands, it is an improper use of judicial discretion to direct reimbursement by a parent to the Department of Social Services for public assistance rendered to a minor who has abandoned her home. Although the statutory obligation of parents to support a child (Family Ct Act, § 415; Social Services Law, § 101) is stated in mandatory [790]*790terms, a child who voluntarily and without good cause abandons the parents’ home forfeits her right to support (Matter of Parker v Stage, 43 NY2d 128; Matter of Roe v Doe, 29 NY2d 188; Wayne County Dept. of Social Servs. v Crossley, 60 AD2d 794). (Appeal from order of Wayne County Family Court — Family Ct Act, art 4.) Present — Hancock, Jr., J. P., Schnepp, Callahan, Doerr and Moule, JJ.

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73 A.D.2d 789, 423 N.Y.S.2d 706, 1979 N.Y. App. Div. LEXIS 14660, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wayne-county-department-of-social-services-v-hawthorne-nyappdiv-1979.

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