In re Ilone I.

65 Misc. 2d 878, 316 N.Y.S.2d 356 (1970)

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In re Ilone I.

New York Family Court
65 Misc. 2d 878, 316 N.Y.S.2d 356 (1970)

Facts

Fifteen-year-old Ilone I. had been diagnosed with schizophrenia and found to need psychiatric treatment. The juvenile court ordered Ilone’s placement in the New York State Training School (school). The order required the school to provide psychiatric treatment to Ilone, to give periodic progress reports to the court, and, before accepting Ilone’s placement, to inform the court if it could not provide such services. The school accepted Ilone’s placement, and then the school’s superintendent wrote to the court, stating that it did not provide psychiatric services to juveniles in its care and would not provide reports to the court unless Ilone experienced another schizophrenic episode. The court asked Ilone’s guardian to move for termination of the placement because the school could not comply with the placement order. At the hearing on the guardian’s motion, the school psychiatrist testified that he provided diagnoses for the school’s residents but did not provide psychiatric treatment. In the psychiatrist’s opinion, Ilone did not need care. The court learned at the hearing that the school had released Ilone to her mother.

Rule of Law

Issue

Holding and Reasoning (Potoker, J.)

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