Appellate Division of the Supreme Court of New York, 1979

Wayne County Department of Social Services v. Hawthorne

Wayne County Department of Social Services v. Hawthorne
Appellate Division of the Supreme Court of New York · Decided December 7, 1979
73 A.D.2d 789; 423 N.Y.S.2d 706; 1979 N.Y. App. Div. LEXIS 14660
Wayne County Department of Social Services v. Hawthorne

Opinion of the Court

— 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 *790terms, a child who voluntarily and without good cause abandons the parents’ home forfeits her right to support (Matter of Parker v Stage, 43 NY2d 128; Matter of Roe v Doe, 29 NY2d 188; Wayne County Dept. of Social Servs. v Crossley, 60 AD2d 794). (Appeal from order of Wayne County Family Court — Family Ct Act, art 4.) Present — Hancock, Jr., J. P., Schnepp, Callahan, Doerr and Moule, JJ.

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