Matter of Kareem W.

Matter of Kareem W. 2012 NY Slip Op 08224 Decided on November 29, 2012 Appellate Division, First Department 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.

Decided on November 29, 2012
Tom, J.P., Friedman, Catterson, Acosta, Freedman, JJ.
7476

[*1]In re Kareem W., A Person Alleged to be a Juvenile Delinquent, Appellant.

Presentment Agency


Tamara A. Steckler, The Legal Aid Society, New York (Claire
V. Merkine of counsel), for appellant.
Michael A. Cardozo, Corporation Counsel, New York (Norman
Corenthal of counsel), for presentment agency.

Order, Family Court, Bronx County (Allen Alpert, J.), entered on or about September 28, 2011, which remanded appellant to the custody of the Administration for Children's Services pending further proceedings on the court's sua sponte motion to vacate and modify an earlier disposition of probation, unanimously reversed, on the law, without costs, and the order vacated.

The Family Court lacked authority to issue an order remanding appellant. For the reasons stated in Matter of Rayshawn P. (Appeal No. 7477-7A [decided simultaneously herewith]), we conclude that the court was not authorized to initiate what was effectively a violation of probation proceeding by invoking Family Court Act § 355.1(1). In any event, there is no statutory authority for detaining a juvenile during the pendency of proceedings under that section. Authority to order detention of a juvenile may not be implied in the absence of an express statutory provision (see Matter of Jazmin A., 15 NY3d 439, 444 [2010]).

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

ENTERED: NOVEMBER 29, 2012

CLERK