Legal Question in Family Law in New York

Order of protection for minor child

Hello,

To make a very long story short..

I have taken in (six months ago) my son's friend who was homeless. He left his home at 16 and has recently turned 17. He left because his step father (adopted father) is using drugs/drinking and becomes abusive. His mother died when he was six so there is neglect involved. His father does not give him any money for support, but does provide him with medical benefits (NYState medicaid). I have gotten his father to sign a medical consent form so that I can take him to the doctors and get medical care for him. It also states that I will not be held liable for any decisions made for his care, but if an emergency, the father will be contacted and all decisions will be made by him. The father and I have been in contact as much as is needed and he has provided me with everything I need to help his son. The father has legal custody. The problem now...

Currently, the child is having trouble with kids threatening to beat him up at school. They wait outside the school for him and said that if they see him on the street, he will be jumped. Constant harrassment. Since he is not leagally mine, can I file or can he file an order of protection against these kids?

What else should I do for him?


Asked on 11/30/06, 4:02 pm

2 Answers from Attorneys

Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Order of protection for minor child

With the youngster's consent and participation, it is my understanding that you can discuss issues, his aptitude, interests, college, vocational job training, health, care, safety, performance and etc., with any responsible government agency or party, without stepping over the line.

Suggest that you contact the school principal immediately and advise the principal of your concerns for the youngster's safety, after school.

Request input with respect to how you should proceed generally, to further help this young man.

Also, request referral to and consultation with the school guidance counselor, social worker, etc., to help you better help this youngster design some kind of plan for his immediate future.

Good luck,

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Answered on 12/01/06, 4:57 pm

Re: Order of protection for minor child

I was a discipline dean at a New York City high school and often had to handle similar problems. The young man should simply stop by the dean's office at his high school to discuss the problem he is having. He can do this totally on his own, so you not being a legal guardian is not a problem. Depending on exactly what is going on and who the harassers are, the solution can range from escorting him onto the bus or train until the threat subsides, having a mediation session, or, in cases that fit certain criteria, bringing superintendent's suspension proceedings against the offenders and having them transferred to another school or suspension center. Good luck.

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Answered on 12/02/06, 1:21 pm


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