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Matter of Jennifer G.

Statute barring secure detention of persons in need of supervision is declared unconstitutional.

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Judge DePhillips

MATTER OF JENNIFER G.* — On April 21, 1998, petitioner father of the respondent Jennifer G. filed a petition under Family Court Act Article 7 seeking to have her adjudged a person in need of supervision. Upon respondent’s return on a warrant and joinder of issue, she was remanded to the custody of the Commissioner of Social Services. Respondent continually ran away from the custody of the Commissioner in violation of the court’s remand orders over a period commencing April 22, 1998 and ending May 5, 1999, during which an additional nine warrants were issued for her arrest. Family Court Act §720(2) provides: “The detention of a child in a secure detention facility shall not be directed under any of the provisions of this article.” Confronted with this statutorily mandated inability to meet the needs of respondent, a chronic runaway who continuously violated the remand orders of the court, an Article 3 juvenile delinquency petition was filed on April 30, 1999. The petition alleged an act which if committed by an adult would constitute criminal contempt in the second degree (Penal Law §215.50[3]) in that respondent engaged in intentional disobedience to lawful process or other mandate of a court.

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