Family Court · Oswego County, New York · 1970–1971
At issue with the court
Jerry and Cecile Gracey were called before Family Court on a charge of neglect for failing to send their children to school.
What followed was a months-long legal battle that ended with all charges dismissed.
HOW IT UNFOLDED
Fall 1970
The school visit
Attendance officer Kathleen Gibbs visited the Gracey home and noted Mrs. Gracey's objections to the new sex education course. Gibbs told her the course was required for all junior high students.
Oct 1970
Appearance before Judge Comstock
The Graceys appeared before Family Court Judge Donald K. Comstock and made their case that the course was objectionable. The judge warned them: send the children to school, or face the consequences.
Oct 19, 1970
The children are removed
Two social workers and three police officers arrived at the Gracey home and removed six of the nine children, ages 7 to 15. They were separated across three foster homes — Fair Haven, West Monroe, and Parish.
That week
The children refuse to eat
The three oldest children refused all food, saying they would not eat until returned home. Head social worker Mrs. Dennison visited their school but failed to persuade them. Law guardian Robert Hurlbutt called an emergency court session, citing the children's distress. Jerry and Cecile drove over 80 miles that evening to bring them home.
Nov 13, 1970
The hearing
The Graceys had their day in court. The judge did not hand down a decision immediately.
February 1971
Decision: charges dismissed
Judge Comstock issued a 17-page written decision. All neglect charges were dismissed.
The judge's conclusion:
After reviewing the evidence, Judge Comstock found that the Gracey children were well cared for, well educated, and showed no signs of neglect. His written decision concluded:
From the 17-page decision, February 1971
"The court finds that the Respondents are certainly exercising a minimum degree of care in supplying the children with an adequate education. Additionally, there is no proof that the physical, mental, or emotional condition of the children has been impaired or is in imminent danger of becoming impaired. Indeed, from what this court could observe, the children are bright, alert, well-mannered and exhibit a strong love and affection for their mother and father as well as each other.The Court concludes that Patricia, Amy, Susan, Gerald, Jacqueline and Kathleen Gracey are not neglected children within the meaning of Section 1012 of the Family Court Act and the petition therefore is dismissed."
Judge Donald K. Comstock, Oswego County Family Court