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In re Jahad R.

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


December 3, 2009

IN RE JAHAD R., A PERSON ALLEGED TO BE IN NEED OF SUPERVISION, APPELLANT.

Order of disposition, Family Court, Bronx County (Alma Cordova, J.), entered on or about November 12, 2008, which, upon a fact-finding determination that appellant failed to keep his curfew on a regular basis, adjudicated appellant a person in need of supervision and placed him in the custody of the Commissioner of Social Services for 12 months, unanimously reversed, on the law, without costs, the fact-finding determination vacated and the petition dismissed.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Gonzalez, P.J., Tom, Andrias, Nardelli, Richter, JJ.

Presentment Agency

In its report accompanying the petition to have appellant adjudicated to be a person in need of supervision, the Administration for Children's Services (ACS) states that "diligent efforts" have been made, that services have been "exhausted," that appellant is "resistant to services," and that there is "no substantial likelihood that the family will benefit from diversion services." However, ACS failed to "clearly document[]" any diligent attempts it made to provide appropriate services to appellant and his family before it was determined that it was substantially unlikely they would benefit from further attempts, as required by Family Court Act § 735. The report does not identify the services that allegedly were offered. The failure to comply with this statutory requirement renders the petition jurisdictionally defective (Matter of Leslie H. v Carol M.D., 47 AD3d 716 [2008]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20091203

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