| Matter of Jazmin A. |
| 2009 NY Slip Op 03932 [62 AD3d 526] |
| May 19, 2009 |
| Appellate Division, First Department |
| In the Matter of Jazmin A., a Person Alleged to be a JuvenileDelinquent, Appellant. |
—[*1] Michael A. Cardozo, Corporation Counsel, New York (Norman Corenthal of counsel), forpresentment agency.
Order, Family Court, Bronx County (Monica Drinane, J.), entered on or about April 16,2008, which remanded appellant to a detention facility operated by the New York CityDepartment of Juvenile Justice, unanimously reversed, on the law, without costs, and the ordervacated.
Having issued an order of disposition placing appellant on probation, the Family Courtlacked authority to remand her to detention in the absence of a violation of probation petition(see Family Ct Act §§ 360.2, 360.3 [2] [b]; People ex rel. Silbert vCohen, 29 NY2d 12 [1971]). For purposes of a detention determination under Family CourtAct § 320.5, a court appearance for the purpose of monitoring compliance with the termsof probation is not an adjournment of the "initial appearance" on the underlying juveniledelinquency petition (see Family Ct Act § 320.1), because that petition has alreadybeen adjudicated and a dispositional order entered. After probation has been imposed, thedetention provisions of section 320.5 do not become relevant until a violation of probationpetition has been filed.
We review this issue, despite its mootness, under the exception to the mootness doctrine forsubstantial and novel issues likely to recur and evade review (see Mental Hygiene LegalServs. v Ford, 92 NY2d 500, 505 [1998]). However, we do not decide the hypotheticalquestions of whether, assuming compliance with the procedural requirements of Family CourtAct § 355.2, a motion under Family Court Act § 355.1 to stay, modify or terminatean order of probation [*2]based on change of circumstanceswould provide an alternate means of initiating proceedings to revoke probation, and whetherdetention would be authorized pending resolution of such a motion. Concur—Andrias,J.P., Saxe, Sweeny, Nardelli and Freedman, JJ.