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eBook details

• Title: Matter Shawn G. John J. Cleary
• Author : Supreme Court of New York
• Release Date : January 16, 1980
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 58 KB

Description

In proceedings pursuant to article 10 of the Family Court Act, the appeal is from an order of the Family Court, Nassau County, enteredDecember 13, 1979, which dismissed petitions seeking to declare Shawn G. to be an abused and neglected child, and Regan and Henry G. to be neglected children, respectively, and which further directed the Department of Social Services to returnShawn to the care and custody of his parents, forthwith. Order modified, on the law, by adding a provision thereto conditioning Shawns return to the care and custody of his parents on the familys participation with Shawn in a course of professional counseling. As so modified, order affirmed, without costs or disbursements. We find correct the Family Courts conclusion that Shawn G. is not an abused andneglected child within subdivisions (e) and (f) of section 1012 of the Family Court Act. The discipline invoked by Shawns parents on the night of May 12, 1979 was not so unreasonableas to take it without the contours of the qualified parentalprivilege to use physical force on a disobedient child for purposes of education, training, and/or to preserve discipline and maintain conformity with reasonable parental rules and regulations. However, even though we agree that Shawns removal from his family is not warranted on these facts, we further feel that Shawns return to his family should be conditioned on the familys participation in professional counseling. Shawn is a deeply troubled child who may continue to exhibit disruptive behavior for some time. Shawns behavior has already left its mark on his mother, and it may redound to the detriment of his younger siblings as well. We therefore suggest therapy as a measure to alleviate the pressure that this beleaguered family will most certainly feel upon Shawns return, and their consequent adaptation to his explosive conduct. Whereas we lack statutory authority to order participation in counseling, we do so pursuant to case law (see Matter of Daryl R. L., 67 A.D.2d 948). Margett, J. P., Martuscello, OConnor and Weinstein, JJ., concur.

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