Family Court E-Filing service expands to Schuyler, Seneca and Yates Counties

More family courts in the Finger Lakes now offer electronic filing (e-filing) for new custody/visitation, guardianship, parentage, paternity and support matters.

According to Schuyler County Attorney Steven Getman, as of Tuesday (January 21) Schuyler, Seneca and Yates counties join sixteen other counties across New York State in offering the service, known as NYS Courts Electronic Filing (“NYSCEF”).

“NYSCEF service permits the filing of legal papers by electronic means with the courts in certain case types,” Getman said. “In an e-filed case, the court and all parties to the action are provided with the same documents as they would receive in a non e-filed case. The difference is that the documents are provided electronically. This avoids the costs and time associated with printing, copying and mailing documents.”

“Expanded e-filing helps lawyers provide better service to their clients. Using technology to submit paperwork saves time, energy and taxpayer dollars,” Getman said. “This is especially helpful for rural communities, such as those in the Finger Lakes, where litigants may find travel difficult or costly and where there may not be enough lawyers,” Getman said.

New York State courts were already using e-filing statewide for many other types of cases, Getman noted. Courts having already instituted e-filing include Supreme Court, Surrogate’s Court and the New York State appellate courts. The federal courts also have their own electronic filing system, available to lawyers and the public, he said.

The court system offers training on how to use the e-filing system for people who do not have an attorney and are representing themselves, Getman said. Training also is available to attorneys and their staff members, he noted.

The New York State Bar Association studied the impact and benefits of e-filing for more than a decade with the most recent report adopted in 2023, which detailed the benefits of an expanded, statewide e-filing system.

As County Attorney, Getman is the chief legal advisor for county government and responsible for the prosecution and defense of civil actions brought by and against the county. In that role, his office represents the Department of Social Services and Probation Department in various family court prosecutions, including child abuse and neglect, juvenile delinquency and child support enforcement.

For more information on New York State family court e-filing, including a complete list of counties participating, click here.

New Hope Card Program to Enhance Safety of Domestic Violence Survivors

Schuyler County Attorney Steven Getman wants Domestic Violence Survivors to know about the implementation this month of the Hope Card program, a new initiative of the New York Courts that will further enhance the safety of domestic violence survivors, family court litigants and of crime victims generally.

“A Hope Card is a portable version and/or summary of an order of protection,” Getman said. “Parties with final orders of protection may request and receive, free of cost, a physical Hope Card, a digital Hope Card, or both, which they can carry in their wallet, pocket, or on their cell phone.”

“An order of protection is issued by a court to limit the behavior of someone who harms or threatens to harm another person,” he continued. “It is used to address various types of safety issues, including, but not limited to situations involving domestic violence, child abuse and neglect and crime victim safety. Family courts, criminal courts and supreme courts can all issue orders of protection where legally authorized.”

According to Getman, the physical Hope Card is a durable, wallet-sized card with a summary of the information on the order and a link to a digital image of the order. A digital Hope Card is a digital image of the order. Physical Hope Cards are sent to the protected party by mail, while digital Hope Cards are sent by email or text message, with a secure link to the digital image.

“Protected parties can readily provide vital information regarding orders of protection quickly and effectively to law enforcement in an emergency,” Getman said. “The cards will also enable protected parties to share the details of an order with their school, workplace, family or friends.”

Implementation of the Hope Card program follows passage last year in New York State of the Hope Card Act, designed to empower domestic violence survivors to enforce their orders of protection, Getman noted.

A Hope Card request can be made online or by filing a Hope Card Request form with the court clerk’s office at any Criminal, Family, or Supreme court. Hope Card Request forms are available online or at a criminal, family, or supreme courthouse.

Copies of the request form will also be available online at the Schuyler County Attorney’s Office webpage.

The Schuyler County Attorney is the legal advisor for county government. The Schuyler County Attorney's Office also serves as “presentment agency,” prosecuting cases of juveniles accused of crimes or delinquent behavior in Family Court as well as the attorney for the Department of Social Services when investigating and prosecuting Family Court cases of child abuse and neglect.

For more information about Hope Cards and who can request them, click here.WENY News

Schuyler County Dad Lands in Jail for Failing to Pay Child Support

Finger Lakes Daily News:

A Schuyler County man was given a 90-day jail sentence for not paying over $11,000 in past-due child support, following an appearance in Schuyler County Family Court on Tuesday (July 19, 2022).

(T)he man was found in willful violation of a prior court order because he failed to pay $11,735.85 in court-ordered support for the benefit of his two children. This failure to pay stretched back to at least July 2018, and had already resulted in numerous judgments, a probation sentence and a prior order of incarceration, court records showed. The man is also facing a new child support violation proceeding, that can also result in up to an additional six months of incarceration. Most recently the respondent was picked up on a child support warrant in Chemung County on Monday (July 18, 2022).

Assistant County Attorney Vinton Stevens presented the violation case for the County Attorney’s office. At Wednesday’s court appearance, Stevens advised the court that the respondent had not made any payments toward the amount due since December 2021, although the man had been employed and paying up until that time.

Based on the evidence, Stevens argued that the respondent should be sentenced to 90 days in jail, due to the man’s failure to meet the conditions of a previously imposed suspended sentence.

The respondent was represented by Schuyler County Assistant Public Defender Mark Raniewicz.

After hearing from the attorneys, and giving the respondent an opportunity to speak, Schuyler County Family Court Judge Matthew Hayden determined that the respondent should be jailed. Therefore, he sentenced the respondent to ninety days of incarceration. Hayden also directed that the respondent could be released from jail if he paid the full amount of back child support.

****

The man’s name and address were not released to protect the privacy of his children and family.

Schuyler County man jailed for failure to pay nearly $31,000 in back child support

A Schuyler County man was given a 60-day jail sentence for not paying nearly $31,000 in past-due child support, following an appearance in Schuyler County Family Court on Wednesday (July 6, 2022).

According to the office of Schuyler County Attorney Steven Getman, the man was found in willful violation of a prior court order because he failed to pay $30,993.72 in court-ordered support for the benefit of his two children. This failure to pay stretched back to at least November 2018, court records showed.

Assistant County Attorney Vinton Stevens presented the violation case for the County Attorney’s office. At Wednesday’s court appearance, Stevens advised the court that the respondent had paid only $1,910.65 toward the amount due. Stevens also noted that the man was recently apprehended on a criminal court warrant in Chemung County, and he was already facing extradition to another state for a separate criminal prosecution.

Based on the evidence, Stevens argued that the respondent should be sentenced to 60 days in jail, consecutive to any sentence for the Chemung County criminal matter.

The respondent was represented by Schuyler County Assistant Public Defender Mark Raniewicz. Raniewicz asked the court to consider his client’s circumstances, arguing that the respondent intended to get a job and pay support upon his release from incarceration and that the court should impose any jail sentence concurrent to any sentence in Chemung County.

After hearing from the attorneys, and giving the respondent an opportunity to speak, Schuyler County Family Court Judge Matthew Hayden confirmed the man had willfully violated the child support order, and determined that the respondent should be jailed. Therefore, he sentenced the respondent to sixty days incarceration, consecutive to any sentence in the Chemung County criminal matter and entered a money judgement for the past due child support. Hayden also directed that the respondent could be released from jail if he paid the full amount of back child support.

Getman said he was satisfied with the court’s decision.

“These jail sentences send a message that will hopefully resonate,” Getman said. “Under New York State law, parents who willfully fail to obey court orders of child support can be sentenced to up to six months for contempt of court.”

“Parents who refuse to support their children can, and will, be punished when appropriate.”

The County Attorney’s Office represents the Department of Social Services in prosecuting child support cases brought in Family Court by that agency. In addition, the office provides support collection services for eligible custodial parents seeking assistance in establishing and enforcing orders for child support.

The County Attorney’s Office was assisted in the prosecution and presentation of the case by employees of the County’s Child Support Enforcement Unit.

The man’s name and address was not released to protect the privacy of his children and family.

Public Comment Sought on Proposed Amendment for Uniform Standards of Eligibility in Family Court

The New York State Unified Court System is seeking public comment on a proposal that would implement eligibility standards for assigned counsel in all family court proceedings. This proposal would provide in part that:

1) “A person entitled to publicly funded counsel pursuant to [FCA 262, SCPA 407, or Judiciary Law 35(8)] shall be financially eligible for counsel when the person’s current available resources are insufficient to pay for a qualified private attorney, the expenses necessary for effective representation, and the reasonable living expenses of the person and any dependents.”

2) “Counsel shall be provided at the first court appearance or immediately following the request for counsel, whichever is earlier. Eligibility determinations shall be made in a timely fashion so that representation by counsel is not delayed.”

3) “A parent or legally responsible person, as defined by law, shall be entitled to and provided with immediate representation by counsel: (i) upon the filing of a petition or pre-petition request under Article 10 of the Family Court Act for an order for immediate removal of a child or temporary order of protection; (ii) where the court has received notice of an extra-judicial emergency removal of a child; or (iii) upon the filing of a petition alleging abuse or neglect against the parent or person legally responsible. In accordance with this entitlement, counsel shall be provided sufficiently in advance of the person’s first court appearance and shall also be provided for parents during a child protective agency investigation ….”

4) A presumption of eligibility when the person’s net income is at or below 250% of the Federal Poverty Guidelines; the person is incarcerated, detained, or confined to a mental health institution, or is currently receiving, or has recently been deemed eligible pending receipt of, need-based public assistance, or within the past six months, has been deemed financially eligible for counsel in another court proceeding in that jurisdiction or another jurisdiction.

5) A determination denying counsel by the court or delegated screening entity shall be in writing, shall include reasons for the denial and procedure for seeking reconsideration, and shall be provided to the person seeking counsel.

The request for public comment can be found here.

Kyra’s Law: reforms proposed to address domestic violence, protect children

A proposed law to reform New York State’s divorce and Family Courts to protect children and families at risk of domestic violence, is moving closer to passage.

"Kyra’s Law," currently in committee, would amend Domestic Relations Law 240, adding a number of requirements and presumptions in any custody and visitation proceeding involving allegations of child abuse or domestic violence by a parent, regardless of whether the allegations involve the subject child.

The provisions include:

• A requirement that the court must first consider allegations of child abuse or domestic violence before considering any other best interest factors and hold a hearing on the allegations within 60 days of the filing of a petition.
• If the court finds a pattern of domestic violence or child abuse, then the court must award sole custody to the “non-offending parent” and must suspend visitation, or only award professionally supervised visitation, without court discretion.
• In any custody and visitation proceeding where such pattern is found, concerns regarding parental alienation are not admissible and may not be considered in a best interests determination.

The proposed law would also mandate domestic and child abuse training for state judges and other court officials.

For the complete text of the proposed law, click here.

New York State Releases Caseload Standards for Family Court Public Defense lawyers

The New York State Officie of Indigent Legal Services (OILS) has released Caseload Standards for Parents’ Attorneys in New York State Family Court Mandated

Representation Cases. The standards are intended to cover public defenders, assigned counsel and other attorneys assigned to provide mandated representation for people who cannot afford their own lawyer in various types of family court cases.

The standards include both maximum annual case assignment limits and a minimum average number of hours attorneys should spend on each case.

Cases are broken down into thirteen case categories:

• paternity;
• willful violation of support;
• willful violation other;
• family offense;
• guardianship;
• violation of conditional surrender;
• adoption;
• modification of prior order;
• custody/visitation;
• conditional surrender;
• neglect;
• abuse; and
• TPRs (termination of parental rights).

Approval of the standards is contingent upon the availability of State funding to implement the standards. The full report can be found here.

Making a Parental Designation: Options available if parents are unable to temporarily care for their children.

The article, “Parental Designation: A Way of Planning for the Expected and Unexpected,” suggests how making a “parental designation” under General Obligations Law 5-1551, can be an option for parents who need to make alternative living arrangements for their children without surrendering parental rights or involving Child Protective Services (CPS).

The option is not available to everyone. It requires having a person who is willing and able to take on the responsibility of being a “designee.” In addition, it will not prevent an investigation or court proceedings that might arise under the Social Services Law, the Family Court Act or the Penal Law.

The specific requirements for drafting a valid “designation” can be found in General Obligations Law 5-1552. In addition, a pre-printed form can be found here (forms are not a substitute for accurate legal advice).

Persons interested in exploring the “parental designation” option are encouraged to consult competent legal counsel of their own choosing.

New York: Large Weddings Allowed to Resume with Local Health Approval

New York State officials have announced that larger capacity weddings will be allowed to resume on March 15, subject to approval by local health departments (LHD).

Events can be held at 50% capacity with a limit of 150 attendees. All patrons attending the event are required to be tested for COVID-19. Local officials are awaiting additional guidance about the role that they are expected to play in approving these ceremonies, as well as the state’s testing parameters.

More coverage is available here.

New York’s Highest Court denies appeal in Schuyler sex abuse case.

The New York State Court of Appeals, the state’s highest court, has rejected a Schuyler County man’s latest attempt to appeal a finding that he had sexually abused his four-year-old daughter and neglected his three minor children.

On Thursday (April 30, 2020) the Court denied the man’s motion for leave to appeal an October 2019 decision of the New York State Supreme Court’s Appellate Division.  That prior decision, “Matter of Lawson O.,” unanimously affirmed a Schuyler County Family Court order made  by Judge Dennis Morris in 2017.

The Schuyler County Department of Social Services (DSS) had charged the man in Family Court with abuse and neglect  of his children following receipt of a child protective services hotline report in January 2016. According to testimony before the Family Court, the man’s daughter had been discovered acting out sexually and then disclosed to a family member that her father had been having oral sexual contact with her.

Following a hearing in 2017, Morris determined that the girl’s out-of-court statements regarding the alleged sexual abuse were sufficiently corroborated and that the father had abused his daughter, derivatively abused her two siblings and neglected all three of his children. Therefore, he entered an order of protection, directing the father have no contact with the children, other than supervised visitation and communications reviewed and approved in advance by DSS, and directing him to enter sex offender treatment.

The father, through attorney Dana Salazar, appealed to the Appellate Division, alleging that the Family Court’s finding of abuse was not adequately established by the evidence.

Schuyler County Attorney
Steven Getman

The DSS was represented on appeal by Schuyler County Attorney Steven Getman. Getman asked the appellate court to uphold the Family Court findings. Getman argued that that the girl had demonstrated an “age-inappropriate knowledge of sexual activity” through her behaviors prior to the disclosure, supporting her description of abuse. He also cited evidence of prior sexual abuse allegations against the father involving other family members, and the father’s admissions that he spent approximately eight months in jail stemming from an earlier sexual abuse charge related to a niece. Getman also pointed out the father had admitted on the stand to lying to law enforcement officials, thereby showing a propensity for dishonesty.

The Appellate Division agreed with DSS, finding “a sound and substantial basis exist[ed] in the record to support Family Court’s finding that respondent abused the daughter.” Therefore, it upheld the Family Court order in all respects.

The father, again through Salazar, thereafter moved for leave to appeal to the New York State Court of Appeals.      The DSS, through Getman, opposed the motion, arguing that the Appellate Division’s decision was consistent with longstanding precedent.

In Thursday’s decision of the Court of Appeals rejected the father’s motion without comment, holding simply “Motion for leave to appeal denied.”

According to Getman, this decision effectively ends the father’s ability to challenge the Family Court’s abuse and neglect findings.

Neither the Court of Appeals nor the Appellate Division decision names the father or the children, using pseudonyms to protect the children’s privacy.

The Schuyler County DSS is the lead civil investigative agency for cases of alleged child abuse and neglect. The Schuyler County Attorney is the prosecuting attorney for all county agencies involving civil cases, including Family Court matters involving abuse and neglect.

Both agencies were assisted in the investigation of the case by members of the Schuyler County Sheriff’s department.

New York State Court System to Begin Return to In-Person Courthouse Operations

The New York State Court System will begin a return to in-person courthouse operations this Monday (May 18).

The initial phase of the plan for the 6th Judicial District, which includes Schuyler County and Tompkins County, is available below:

NYS 6th Judicial District R... by Steven Getman on Scribd

Genesee County man sentenced in Schuyler County for failure to pay child support

Watkins Glen, NY (November 25, 2019)--A Bergen (Genesee County) man was given a 120-day stayed jail sentence for not paying past-due child support, following an appearance in Schuyler County Family Court on Monday (November 25, 2019).

According to County Attorney Steven Getman, the respondent was found in willful violation of a prior court order because he failed to pay nearly $7000.00 ($6943.22) in back support for his two children, who reside with their mother in Schuyler County.

Court records indicated that the last payment was made June 2016, Getman said.

After hearing from the parties, Acting Schuyler County Family Court Judge John Rowley determined that the respondent should be punished for contempt of court. Therefore, he sentenced the respondent to 120 days in jail, with the opportunity to “purge” the sentence if he paid at least $3000.00 towards the back child support prior to January 3, 2020. If the sentence is not purged, Rowley held, the man would be incarcerated on that date.

The case was prosecuted by Assistant County Attorney Vinton Bovier Stevens. The respondent was represented by Ithaca attorney Nicole Pence.

Under New York State law, parents who willfully fail to obey court orders of child support can be sentenced to up to six months for contempt of court, Getman noted.

The county attorney’s office represents the Department of Social Services in prosecuting child support cases brought in the family court by that agency. In addition, the office provides support collection services for eligible custodial parents seeking assistance in establishing and enforcing orders for child support.

The county attorney’s office was assisted in the prosecution and presentation of the case by employees of the county’s child support enforcement unit.

The man’s name was not released to protect the privacy of his children and family.

New York enacts new adoption law allowing release of original birth certificates

From Syracuse.com:

For the first time since 1935 when the state sealed adoption records, adoptees will be able to obtain their original birth certificate when they turn 18 and find out the names

of their birth parents....

New York law prevented... adoptees to obtain their original birth certificates because the state sealed birth records to protect the privacy of mothers and fathers who gave up their children for adoption.

Supporters of the bill argued that times have changed, and that adoption no longer carries the stigma it did decades ago. It’s also easier to track down relatives through advances in genetic testing and online ancestry sites....

The law will go into effect Jan. 15, 2020. The legislation directs the state Department of Health to develop a process to handle adoptee requests for the records.

New York's new Domestic Violence laws take effect

New York state officials have enacted three new pieces of legislation that aim to expand protections for victims of abuse and domestic violence.

These measures are intended to:

• broaden the definition of domestic violence to include forms of economic abuse, including identity theft;
• give victims the choice to vote by mail-in ballot, even if they remain within the county where they are registered to vote; and
• allow victims to report abuse to any law enforcement agency in New York State, regardless of where the violence originally took place.

For more on these new laws, click here.

Savona man jailed on family court’s child support warrant

A Savona man was remanded to jail on a Family Court warrant, tied to his failure to pay child support, on Wednesday (August 7, 2019).

According to County Attorney Steven Getman, the respondent was previously found in willful violation of an existing court order because he failed to pay $475.00 in back child support for his two children, together with an additional $344.00 in judgments.  According to court records, the respondent was scheduled to appear for sentencing on the violation July 16, but failed to do so, resulting in Family Court Judge Joseph Cassidy issuing a warrant for his arrest.

The respondent was later located in Steuben County, after the Schuyler County Attorney’s office determined he was on probation in that county for an unrelated criminal offense, Getman noted.    He was taken into custody in Steuben County and transferred to Schuyler County for further proceedings on the warrant.

The respondent was arraigned before Montour Falls Village Justice Donald Spaccio, who continued bail at $475.00 and remanded the respondent to jail pending the next Family Court date.

Schuyler County Attorney Steven Getman

Getman represented the petitioner at the court appearance.   The respondent was represented by Schuyler County Assistant Public Defender Valerie Gardner.

“Under New York State law, parents who willfully fail to obey court orders of child support can be sentenced to up to six months for contempt of court,” Getman said.  “Furthermore, support violators who do not appear in court as ordered, can be subject to a warrant of arrest.”

The county attorney’s office represents the Department of Social Services and Probation Department in prosecuting child support cases brought in the family court by those agencies.  In addition, the office provides support collection services for eligible custodial parents seeking assistance in establishing and enforcing orders for child support.

The man’s name was not released to protect the privacy of his children and family.

New York State to hold hearings on eligibility for counsel in family court matters

The New York State Office of Indigent Legal Services (OILS) is seeking the views and experiences of public defense providers, litigants, judges, county officials, and others, related to criteria and procedures for determining whether someone qualifies for assigned counsel in family law matters.

Four hearings have been announced:

• May 31, 2019, First Department, New York, NY
• July 17, 2019, Second Department, Brooklyn, NY
• June 19, 2019, Third Department, Albany, NY
• August 14, 2019, Fourth Department, Rochester, NY

Hearings will be held from 1:00 to 4:00 p.m. Requests to testify must be received at least fourteen days before the scheduled hearing. For information on applying to testify in person and/or submitting written testimony, click here.

For more information on OILS, click here.

Appeals court upholds Schuyler severe abuse case; Schuyler man's parental rights terminated.

A New York State Appeals Court has upheld the termination of parental rights of a Schuyler County man who was found to have severely abused and/or permanently neglected his children.

In a decision dated February 21, and posted to Westlaw thereafter, the Supreme Court, Appellate Division, Third Department agreed with the office of Schuyler County Attorney Steven Getman that the children were permanently neglected and that a finding supported termination of the man's parental rights, thereby freeing the children for adoption.

“This Court found a sound and substantial basis in the record to support the findings of abuse and neglect,” the court held. “In 2015, the (man’s) daughter sustained severe injuries (including) a spiral fracture of her left tibia in March 2015 and a life-threatening subdural hematoma and bilateral retinal hemorrhages in May 2015.”

“(The) Family Court's determination to terminate respondent's parental rights was supported by a sound and substantial basis in the record,” the court held, noting that the father had failed to work with county agencies to rehabilitate himself.

“Despite the provision of numerous services, repeated reminders to engage in same, a court order requiring his cooperation and participation in such services and the passage of nearly three years from when respondent's children were removed from his care and the date of the dispositional hearing, (the father) had not completed parenting education and, more importantly, had only recently engaged in mental health treatment.”

The court’s decision, Getman said, means that the children can be adopted by fit and willing adoptive parents.

“We are happy that the court upheld the decision to terminate parental rights,” Getman said. “The injuries described in the original petition were horrific.”

“We want these kids to be safe and ready to have a loving and safe family take them in permanently,” Getman said. “The Commissioner of Social Services, JoAnn Fratarcangelo, is working to ensure that happens as soon as possible.”

The Schuyler County Department of Social Services is the lead civil investigative agency for cases of alleged child abuse and neglect. The Schuyler County Attorney is the prosecuting attorney for all county agencies involving civil cases, including family court matters involving abuse and neglect.

The names of the man and his children were withheld to protect the innocent.

The Office of Steven J. Getman, Schuyler County Attorney, represented the Department of Social Services. The father was represented by McGraw attorney Lisa K. Miller. Pamela Gee, of Big Flats, served as attorney for the subject children.

The complete decision can be found here

Matter of Logan C by on Scribd

Volunteer for children: CASA training scheduled

A Court Appointed Special Advocate (CASA) volunteer is a citizen who receives special training in advocacy and is temporarily appointed by a judge to represent the best interests of abused and neglected children in the Family Courts of Chemung, Steuben, and Schuyler counties.

Invest your time to help the children of the Southern Tier. CASA has set the following dates for the next volunteer training class:

Intro/Orientation: 9 - 10 a.m. February 27

Class Dates: 9 - 1 p.m. March 6, 13, 20, and 27

Location: 102 Chemung Street, Painted Post, NY

Refreshments are provided.

Call the CASA office at 607-936-CASA to receive an application packet and reserve a seat in this series of training classes. You may also apply online here.

Public Hearing on Access to Juvenile Justice Mental Health Services

On Tuesday, December 11 the New York State Assembly committees on Children and Families and Mental Health will examine mental health services provided to youth in the juvenile justice system and identify other supports and services that may be utilized to address unmet mental health needs of these youth:

With the recent implementation of Raise the Age, youth that would have potentially entered the adult criminal justice system, may

now be directed to the juvenile justice system, where there are more robust and age appropriate services available. In light of these additional youth, it is even more important to understand the scope of mental health services currently available, as well as additional services that may be necessary to adequately care for youth in the juvenile justice system. This hearing will examine funding and other resources the State utilizes to treat youth with mental health disorders in the juvenile justice system and other supports and services that could be used to address unmet mental health needs of such youth in the future.

For more information, click here.

Schuyler County youth placed in detention following “school shooter” comments

A twelve-year-old Schuyler County boy who made online threats he was going to be a “professional school shooter” at Odessa Montour Hanlon School was placed in the custody of social service officials on Monday (November 5) by the Schuyler County Family Court.

The boy, whose name was  not released because of his age, was found to be a “Person in Need of Supervision” in June of this year, based on allegations that he made statements constituting “a terroristic threat,” in text messages and in person, a felony if committed by an adult.  Sheriff’s deputies charged the boy after being contacted by school staff who discovered the comments.  County officials took immediate action to ensure that the boy had no access to firearms and that the threats were false.

The case was prosecuted for the county by Schuyler County Attorney Steven Getman’s office.    At Monday’s sentencing hearing, the prosecution recommended that the boy be placed in detention, due to the underlying charges as well as the boy’s failures to behave in school and cooperate with probation supervision since the June court date.

After reviewing the evidence, Schuyler County Family Court Judge Dennis Morris determined that the boy should be removed from the home for his own good.  Therefore, Morris ordered the boy placed in the custody of the Schuyler County Department of Social Services for up to six months.  

Assisting in the investigation and prosecution of this matter were the Schuyler County Sheriff’s Department, Odessa Montour Hanlon School officials, the school resource officer, the Schuyler County Probation Department and caseworkers with the Department of Social Services.