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Wayne County Department of Social Services v. Hawthorne

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 7, 1979
73 A.D.2d 789 (N.Y. App. Div. 1979)

Opinion

December 7, 1979

Appeal from the Wayne County Family Court.

Present — Hancock, Jr., J.P., Schnepp, Callahan, Doerr and Moule, JJ.


Order unanimously reversed, with costs, and petition dismissed. Memorandum: Absent a finding of abuse or unreasonable parental demands, it is an improper use of judicial discretion to direct reimbursement by a parent to the Department of Social Services for public assistance rendered to a minor who has abandoned her home. Although the statutory obligation of parents to support a child (Family Ct Act, § 415; Social Services Law, § 101) is stated in mandatory terms, a child who voluntarily and without good cause abandons the parents' home forfeits her right to support (Matter of Parker v. Stage, 43 N.Y.2d 128; Matter of Roe v. Doe, 29 N.Y.2d 188; Wayne County Dept. of Social Servs. v. Crossley, 60 A.D.2d 794).


Summaries of

Wayne County Department of Social Services v. Hawthorne

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 7, 1979
73 A.D.2d 789 (N.Y. App. Div. 1979)
Case details for

Wayne County Department of Social Services v. Hawthorne

Case Details

Full title:In the Matter of WAYNE COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Dec 7, 1979

Citations

73 A.D.2d 789 (N.Y. App. Div. 1979)

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