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MATTER OF SHAWN S.

694 CAF 17-01612.

163 A.D.3d 31 (2018)

77 N.Y.S.3d 824

2018 NY Slip Op 04208

In the Matter of SHAWN S., an Infant. OSWEGO COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent; COURTNEY S. RADICK, ESQ., Attorney for the Child, Appellant.

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

Decided June 8, 2018.

Attorney(s) appearing for the Case

Courtney S. Radick, Esq. , Attorney for the Child, Appellant.

Nelson Law Firm, Mexico ( Allison J. Nelson of counsel), for respondent.

Shirim Nothenberg , New York City, for Lawyers for Children, Inc., amicus curiae.

WHALEN, P.J., SMITH, PERADOTTO and DEJOSEPH, JJ., concur.

OPINION OF THE COURT

The issue before us is whether Family Court has the authority to compel a child to participate in a permanency hearing when that child has waived his or her right to participate following consultation with his or her attorney (see Family Ct Act § 1090-a [a] [2]). We hold that the court does...

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