Options for Youth, Monica Bogucki, B.S.W., J.D. Copyright 2016 Monica Bogucki

Top Eleven list of options for children 1. CHIPS 2. Order for Protection 3. Delegation of Parental Authority 4. Third Party Legal Custody 5. Informal Family Arrangement

List continued 6. Stay at Home 7. Emancipation 8. Runaway 9. Standby Custody 10. 72 Hour Hold 11. Custody Modification

Child in Need of Protective Services (CHIPS) Minn. Stat. 260C, et. seq. Advantages: Many types of services available to the child Many types of services available to the parent and siblings Safe, alternative living arrangements, foster care Accesses Guardian Ad Litem

CHIPS continued Accesses social workers and child protection services Reunification services are available Accesses county attorney and police Permanency planning services available

CHIPS-Disadvantages Too many professionals may be involved Foster care placements are frequently disrupted Families’ voice is often not heard Child’s voice often not heard Child loses control of where he/she lives, choices of school, counseling and other types of treatments

CHIPS-Disadvantages continued Permanency planning comes quickly, often before the parent(s) can finish a case plan Dangerous Adversarial

Reasons a child may want a CHIPS option Child has no safe living arrangement Wants services for parents and siblings

Who are the players in juvenile court County attorney represents child protection agency Public defenders or private attorney represents parents Guardian ad litem Child Juvenile court judge

Order for Protection, Minn. Stat. 518B, et seq. This is a restraining order through family court. Advantages: Quick response with ex parte order Hearing within several days Restraining order Transfers legal custody between parents Enforcement available

Order for Protection- Disadvantages Severs family ties Reunification services not available Permanency services not available Services not usually available to parent(s) and sibling(s) Dangerous Adversarial

Delegation of Parental Authority aka Delegation of Powers by Parent Minn. Stat. 524.5-211 Delegates to another adult caregiver temporary legal and physical custody Advantages No court involvement Allows family autonomy in making decisions See Delegation of Powers by Parent form

DOPA advantages continues Not adversarial Can be renewed every 12 months Allows caregiver to authorize for medical care, dental care, counseling, other treatment and school necessities

DOPA Disadvantages May not cover unrelated person for public assistance programs such as Minnesota Family Investment Program (MFIP) If child is young, DOPA may not be permanent solution Requires notification of other parent in some circumstances Parent can revoke at any time

Informal Family Arrangement Advantages Allows family autonomy in making decisions No court involvement/not adversarial Allows family bonds to continue Not adversarial

Informal Family Arrangement Disadvantages Necessary services may not be identified and/or received Caregiver does not have legal authority to authorize medical care.... Unstable living arrangement for child Child may feel the uncertainty of the arrangement

Custody action filed in family court Third Party Legal Custody, Minn. Stat. 518 et. seq. and Minn. Stat. 257C et. seq. Custody action filed in family court Advantages: Allows youth to have some control over who is the caregiver Does not engage the child protection system

Third party legal Disadvantages Adversarial High legal threshold for a custody transfer Severs family ties Family may not get services

Change of Custody in Dissolution of Marriage or Paternity Action, Minn. Stat. 518, et. Seq. Custody action in family court between the parents of the child Advantage: allows family autonomy, addresses child support

Change of Custody in Dissolution of Marriage or Paternity Action, Disadvantages: adversarial: children are NOT legal parties Adversarial

Emancipation Emancipation does exist, but Minnesota does not have a court process to request emancipation-sometimes through OFP, CHIPS Minnesota Supreme Court case law, Lufkin v. Harvey, 131 Minn. 238, 154 N.W. 1097 (Minn. 1915)

What does Emancipation get you? The right to live independently without your parents calling you in as a runaway. It does not make the youth an adult The youth still has to follow other laws, voting, drinking, curfew, criminal, marriage

Standby Custody Minn. Stat. 257B et. seq. Allows parent to appoint designated caregiver in the event of a triggering event

Stay at Home

72 Hour hold Several Minnesota Statutes allow peace officers to put child on 72 hour hold Minn. Stat. 253B.05 Minn. Stat. 260C.175

JoAnn’s Case JoAnn is a 17 year-old girl who is living with her mother, Ellen, and her mother’s boyfriend, Dennis. Dennis has been living in the home for two years. He started to sexually abuse JoAnn about six months after he moved into the home.

Continue The sexual abuse happens at least once a week. She has tried to talk to her Mom but her Mom will not listen. JoAnn is staying at her maternal grandmother’s house. Her grandmother is willing to take her in and wants to protect her from Dennis. Ellen has never hit or hurt JoAnn. Ellen refuses to leave Dennis. What are JoAnn’s options?

Mary’s Example Mary is a 15 year-old who is being physically abused by her mother, Ann. Ann hits Mary with many different kinds of objects such as: belts, electrical cords and closed fists. Mary has had bruises, welts and numerous marks on her body since she was 4 years-old. The physical abuse happens at least once a week.

Continued Mary decided that she cannot take this anymore. She has a younger brother, Jacob, who is 11 years-old. Ann also hits him but not as much as she hits Mary. Mary has no relatives that live in the area. She also has no friends who are willing to take her in. She has been staying on a temporary basis with some of her friends from school.

She cannot stay with them on a long- term basis She cannot stay with them on a long- term basis. Mary has been out her home for a week. She has heard that her mother has called her in as a runaway and the police came looking for her at her friend’s house but she hid, so that they were not able to find her. What are Mary’s options?