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Richard S. Usen v. George G. Sipprell

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eBook details

  • Title: Richard S. Usen v. George G. Sipprell
  • Author : Supreme Court of New York
  • Release Date : January 13, 1973
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 67 KB

Description

[15]     By guardian ad litem, Shirley Mitchell, 15 years of age, filed a petition in the Supreme Court of Erie County in May, 1972 naming as respondents George G. Sipprell, Commissioner of Erie County Department of Social Services; Abe Lavine, Commissioner of New York State Department of Social Services; Alan Miller, Commissioner of New York State Department of Mental Hygiene; Louis Huzella, Director of West Seneca State School, West Seneca, New York; James J. Warde, Commissioner of Erie County Department of Mental Health; Stanley R. Platman, M.D., Executive Director of Community Mental Health Center in Buffalo General Hospital; Harry J. Stewart, Superintendent of Detention of Erie County Family Court; Board of Education of Buffalo Public School Department and Joseph R. Manch, Superintendent of Schools of Buffalo School Department. Alleging that she represents all indigent mentally handicapped children in Erie County having "emotional instability which causes acting out, inappropriate conduct and occasional episodes of uncontrolled behavior", petitioner brings the proceeding under CPLR 1005 as a class action for their benefit. She alleges that approximately 3% of the children with whom Erie County Family Court comes in contact annually "suffer from emotional and mental handicaps; and that placement of children with such handicaps has been a chronic problem for institutional social workers employed by Family Court; and such children are released and receive no treatment, or they are incarcerated in state training school for juvenile delinquents, or they are referred to an institution with an inadequate program for care and treatment." It is alleged that in June, 1963 petitioner was adjudicated a neglected child and placed in several foster care homes, and that in May, 1968 she was returned to the custody of her mother; and that petitioner has a long history of belligerent conduct, emotional instability and intellectual handicaps. By reason thereof for three years from November, 1968 an application was pending for the placement of petitioner in West Seneca State School, after which the application was [41 A.D.2d 251 Page 254]


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