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eBook details

• Title: Matter Michael Urdianyk
• Author : Supreme Court of New York
• Release Date : January 19, 1967
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 58 KB

Description

The order appealed from must be reversed for failure to comply with the procedure set forth in section 347 of the Family Court Act. In a proceeding of this nature the court is required first to hold a ""fact-finding hearing"" upon the charge of neglect and to make specific findings thereafter. If the evidence supports the allegations of the petition the court must, as soon as possible, proceed with the ""dispositional hearing"" at which time it may use reports prepared by the probation service or duly authorized agency to determine whether judgment should be suspended, whether the child should be discharged in the custody of his parents under supervision of the probation service, whether a protection order should be issued or whether placement of the child in the care and control of an agency or individual other than the parent should be made. Only in grave and urgent circumstances should the latter alternative be selected. Article 3 of the Family Court Act, regarding neglect proceedings, contemplates a continuation of the child with a parent, with appropriate regulation of the home to assure that the child's care and upbringing shall be proper. Such regulation may well include participation by an agency qualified to render assistance and supervision.

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