In this proceeding, the criminal respondent is charged with committing acts which, were she an adult, would constitute the crimes of Prostitution, Resisting Arrest, Obstructing Governmental Administration in the Second Degree, and False Personation. Respondent has moved pursuant to Family Court Act § 311.4(3) for an order directing the substitution of a petition alleging that she is a Person in Need of Supervision for the petition alleging that she is a juvenile delinquent.
The petition alleges that on 18 May 2010 in Queens County, the respondent, BP born 17 July 1994, offered to engage in sexual conduct with an undercover police officer in exchange for payment in violation of Penal Law § 230.00, that respondent resisted arrest by fleeing from police officers who intended to take her into custody for committing the sex crimes of Prostitution and that she obstructed governmental administration by physically resisting arrest and by refusing to follow the directives of police officers after she had been taken into custody.
The undercover police officer states that at approximately 6:50 A.M. in the vicinity of 111th Avenue and Sutphin Boulevard, Jamaica, Queens County, a known prostitution location, the respondent asked him what he wants and with a hand gesture indicating oral sex respondent asked if he wanted a blow job. The police officer asked the criminal respondent how much for the blowjob and she replied, in sum and substance, “fifty dollars”. Thereafter, respondent got inside the vehicle.
Respondent appeared before the Court with the Law Guardian appointed to represent her for the initial appearance upon the petition on 19 May 2009 under Fam. Ct. Act § 320.1-§ 320.5. TS, a foster care supervisor employed by New York Foundling Hospital, an authorized agency as defined by Social Services Law § 371(10) was also present at the initial appearance. New York Foundling presently has joint legal guardianship of the respondent along with the New York City Administration for Children’s Services as a result of unrelated proceedings terminating the parental rights of respondent’s biological parents under Social Services Law § 384-b; Fam. Ct. Act § 614 and the Presentment Agency appeared by an Assistant Corporation Counsel.
The Assistant Corporation Counsel noted that at the time respondent had been arrested for the underlying crime, she was absent without permission from New York Foundling’s custody, that she had been regularly absent without permission from the agency or her foster parent from January until August 2009, and that her whereabouts had been unknown.
According to information provided to the Presentment Agency, in addition to running away, the respondent had been engaging in acts of prostitution since she has been twelve years old, she has a child of her own who had to be removed from her care by the Administration for Children’s Services, which had thereafter commenced child protective proceedings against respondent on behalf of the child. The Law Guardian moved for substitution for a PINS petition for the juvenile delinquency petition citing Family Court Act § 311.4(3).
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