My question involves juvenile law in the State of New York. I apologize if this is not the proper sub forum to be posting in, but I was not certain where else it should go.
This case deals with my friend's son. He is nineteen years old and attending a New York Highschool. He has a severe handicap in that he is unable to speak except through grunts, has to wear diapers in case of accidents, and struggles to understand what he is told. She's been told that her son absolutely must attend school, but now the school is threatening to send in the crisis team to have him institutionalized if she does not get him under control. Their complaints are mainly his constant groaning and moaning, which is disrupting to the other students. Also he has apparently started throwing things against the wall. There are also some who are afraid that he might become violent, although he has not hurt anyone to date. (He's not a large kid, 5'8" and 120 lbs). Her concern is that her son will be institutionalized. He is showing progress with her and her husband, but it takes enormous amounts of time. The school, however, has told her that she cannot remove him from the school. She and her husband are in process of getting guardianship of him; paperwork is in progress though they are not sure when it will go through.
The question I have then is whether or not her son must keep attending school when he is nineteen. They said that she cannot pull him out because he is over eighteen, but can he decide that he does not want to go and then not be taken back? What are her options for keeping the kid out of an institution? Is there anything else you need to know to make this clearer?