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In the Matter of Justin L

Delinquency Petition Dismissed Where Child Would Be Incapacitated for Foreseeable Future

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PURSUANT TO SECTION 1113 OF THE FAMILY COURT ACT, AN APPEAL FROM THIS ORDER MUST BE TAKEN WITHIN 30 DAYS OF RECEIPT OF THE ORDER BY APPELLANT IN COURT, 35 DAYS FROM THE DATE OF MAILING OF THE ORDER TO APPELLANT BY THE CLERK OF COURT, OR 30 DAYS AFTER SERVICE BY A PARTY OR THE LAW GUARDIAN UPON THE APPELLANT, WHICHEVER IS EARLIEST.DECISION AND ORDERDISMISSING PETITIONS

*1 In this Article 3 juvenile delinquency matter, there are three separate juvenile delinquency petitions pending against 14-year-old Justin L. The attorney for the child has filed a motion seeking an order dismissing the petitions based on the doctrine of res judicata. The Court has also, sua sponte, made a motion to dismiss the petitions in the furtherance of justice pursuant to F.C.A. §315.2. The Presentment Agency has submitted an Affirmation in Opposition opposing dismissal on both grounds. The attorney for the child has submitted papers in support of the Court’s motion to dismiss the matters in the furtherance of justice. For the reasons set forth below, the petitions are dismissed based on res judicata grounds as well as in the furtherance of justice.On August 4, 2017, this Court made a determination that the respondent is an incapacitated person under F.C.A. §322.1. The reasons for that finding are memorialized in a

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