Poverty Law 2 CHIPS Adjunct Professor Monica Bogucki, BSW, JD Copyright 2018 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 Emergency Protective Care, Minn. Rules of Juvenile Protection Procedure Rule 2.01 (9)

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

Standard of Proof allegations of a petition alleging a child to be in need of protection or services must be proved by clear and convincing evidence. Minn. Stat. 260C.163

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; Minn. Stat. 260C.007, subd. 6(3)

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; Minn. Stat. 260C.007, subd 6(4)

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; Minn. Stat. 260C.007, subd. 6(6)

Bases for CHIPS has been placed for adoption or care in violation of law; Minn. Stat. 260C.007, subd. 6(7) 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; Minn. Stat. 260C.007, subd. 6 (12)

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; Minn. Stat. 260C.007, subd. 6(9)

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; Minn. Stat.260C.007, subd. 6(10)or is a sexually exploited youth Minn. Stat. 260C.007, subd. 6(11)or has committed a delinquent act or a juvenile petty offense before becoming ten years old; Minn. Stat. 260C.007, subd. 6(12)

Bases for CHIPS is a runaway; Minn. Stat. 260C.007, subd. 6(13)or is a habitual truant Minn. Stat. 260C.007, subd 6 (14); 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 Minn. Stat. 260C.007, subd. 6 (15); 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. Minn. Stat. 260C.007, subd. 6(16)

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

Parties, Participants and Intervention Party Status- Parties to a juvenile protection matter shall include: Child’s guardian ad litem Child’s legal custodian If Indian child, child’s Indian custodian and the child’s Indian tribe The petitioner Any person who intervenes pursuant to Rule 23 Any person who is joined as a party pursuant to Rule 24 Any other person who is deemed by the court to be important to the resolution that is in the best interests of the child. Minnesota Rules of Juvenile Protection Procedure Rule 21.01

Rights of Parties Any party shall have the right to Notice pursuant to Rule 32 Legal representation pursuant to Rule 25 Be present at all hearing unless excluded pursuant to Rule 27 Conduct discovery Bring motions Participate in settlement agreements

Rights of Parties continued Subpoena witnesses Make arguments Present evidence Cross-examine witnesses Request review of referee’s findings Request review of court’s disposition Bring post-trial motions Appeal from court orders Minn. Rules of Juvenile Protection Procedure, Rule 21.02

Participants Unless already a party, participants to a juvenile protection proceeding shall include: The child Any parent who is not a legal custodian Social service agency, when the agency is not the petitioner Grandparents with whom the child has lived within the two years preceding the filing of the petition Relatives or other person providing care for the child and who request notice

Participants continued Current foster parents Spouse of the child Any other person who is deemed by the court to be important to a resolution that in the best interest of the child. Minn. Rules of Juvenile Protection Procedure, Rule 22.01

Rights of Participants Notice and copy of the petition Attending hearings Offering information at the discretion of the court. Minn. Rules of Juvenile Protection Procedure Rule 22.02

Requesting to Intervene as a party Intervention of Right Child Grandparents, if the child has lived with te grandparent within two years preceding the filing of the petition Parent who is not legal custodian Social service agency If request is made under this provision, the court must grant party status. Minn. Rules of Juvenile Protection Procedure Rule 23.01

Permissive Intervention Other persons Minn. Rules of Juvenile Protection Procedure Rule 23.02

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

Access to Juvenile Court Records Generally juvenile protection court records are accessible to a party, participant or the public, except as listed in Rule 8.04 Minn. Rules of Juvenile Protection Procedure Rule 8.01 (watch effective dates)

Parties access to records Parties shall have access to records except: Audio or video recordings of a child alleging or describing physical abuse, sexual abuse or neglect of any child Portions of case records which identify reporters of abuse and neglect Records of HIV matters Minn. Rules of Juvenile Protection Procedure 8.04 subd 3

Participants Participants may make a written or oral motion to gain access to the records. Upon order of the court, the participant will have access to the same records as the parties. Minn. Rules of Juvenile Protection Procedure 8.04 subd. 3

Public Access to Records Public has access to records EXCEPT the following: Transcripts of testimony in closed proceedings Audio or video recordings of a child alleging or describing physical abuse, sexual abuse, or neglect of any child. Victim’s statements

Continued Portions of records that identify reporters of abuse and neglect HIV matters Medical records Chemical dependency evaluations Psychological evaluations Psychiatric evaluations Sexual offender treatment reports Photographs that identify the child Notices of change in foster care placement Identity of a minor victim or perpetrator of sexual assault Shelter addresses Foster parents addresses Minn. Rules of Juvenile Protection Procedure Rule 8.04

CHIPS EXERCISES

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

Permanency Flow Chart http://www.mncourts.gov/mncourtsgov/media/scao_library/CJI/Permanency-Timeline-for-Children-in-Out-of-Home-Placement-(Matefy-August-2017).pdf