Poverty Law 2 CHIPS Adjunct Professor Monica Bogucki, BSW, JD Copyright 2016 by Monica Bogucki

Children’s Justice Initiative Judge’s Benchbook Also located on the State of Minnesota Supreme Court website Court forms www.mncourts.gov Children’s Justice Initiative: http://www.mncourts.gov/?page=148

Juvenile Court Dependency Cases Delinquency cases-criminal cases Children in need of protection and services cases Delinquency cases-criminal cases Status-A status offense is a noncriminal act that is considered a law violation only because of a youth's status as a minor; for example, truancy, running away from home, violating curfew, underage use of alcohol.

72 hour holds Peace officer can put a child on a 72 hour hold if the: Child is found in surroundings or conditions which endanger the child’s health or welfare or the peace office reasonably believes will endanger the child’s health or welfare. Minn. Stat. 260C.175

72 hour hold Mental health 72 hour hold If a person is at risk of hurting herself or someone else Minn. Stat. 253B.05

Tennessen Warning, Minn. Stat. 13.04 When an individual is asked to supply private or confidential date the following warning must be given: Purpose of requested date If the individual can refuse to supply the data Any known consequence arising from providing or not providing the data Who will receive the information

Who can file a CHIPS petition? Minn. Stat. 260C.141 Any reputable person, including but not limited to any agent of the commissioner of human services, having knowledge of a child in this state or of a child who is resident of this state who appears to be in need of protection or services or neglected … may file this petition

CHIPS petitions Court forms: www.mncourts.gov

Bases for CHIPS Petitions Minn. Stat. 260C.007, subd. 6 is abandoned or without parent, guardian, or custodian; or 2)(i) has been a victim of physical or sexual abuse as defined in section 626.556, subdivision 2, (ii) resides with or has resided with a victim of child abuse as defined in subdivision 5 or domestic child abuse as defined in subdivision 13, (iii) resides with or would reside with a perpetrator of domestic child abuse as defined in subdivision 13 or child abuse as defined in subdivision 5 or 13, or (iv) is a victim of emotional maltreatment as defined in subdivision 15;

Bases for CHIPS is without necessary food, clothing, shelter, education, or other required care for the child's physical or mental health or morals because the child's parent, guardian, or custodian is unable or unwilling to provide that care;

Bases for CHIPS is without the special care made necessary by a physical, mental, or emotional condition because the child's parent, guardian, or custodian is unable or unwilling to provide that care;

Bases for CHIPS Medical neglect—see statute or is one whose parent, guardian, or other custodian for good cause desires to be relieved of the child's care and custody, including a child who entered foster care under a voluntary placement agreement between the parent and the responsible social services agency under section 260C.227;

Bases for CHIPS has been placed for adoption or care in violation of law; or is without proper parental care because of the emotional, mental, or physical disability, or state of immaturity of the child's parent, guardian, or other custodian;

Bases for CHIPS is one whose behavior, condition, or environment is such as to be injurious or dangerous to the child or others. An injurious or dangerous environment may include, but is not limited to, the exposure of a child to criminal activity in the child's home;

Bases for CHIPS is experiencing growth delays, which may be referred to as failure to thrive, that have been diagnosed by a physician and are due to parental neglect; or is a sexually exploited youth or has committed a delinquent act or a juvenile petty offense before becoming ten years old;

Bases for CHIPS is a runaway; or is a habitual truant; or has been found incompetent to proceed or has been found not guilty by reason of mental illness or mental deficiency in connection with a delinquency proceeding, a certification under section 260B.125, an extended jurisdiction juvenile prosecution, or a proceeding involving a juvenile petty offense; or

Bases for CHIPS has a parent whose parental rights to one or more other children were involuntarily terminated or whose custodial rights to another child have been involuntarily transferred to a relative and there is a case plan prepared by the responsible social services agency documenting a compelling reason why filing the termination of parental rights petition under section 260C.503, subdivision 2, is not in the best interests of the child.

Who are the players in juvenile court? CPS’s lawyer-county attorney GAL’s lawyer Parent’s lawyer Child’s lawyer Child Parent Child Protection Agency Guardian ad litem

Juvenile Court Video http://www.mncourts.gov/Help-Topics/CJI.aspx

Guardian ad Litem Person appointed by the court to protect the interests of minor in lawsuit Looks out for the “best interests” of the child Some are volunteer and some are paid Some are not lawyers and some are lawyers GAL may have a lawyer

CHIPS EXERCISES

CHIPS PETITION Forms available on State of Minnesota Supreme Court website www.mncourts.gov