Poverty Law 2 CHIPS

2 Court System  District Court  Trial Court  Some “specialty” courts including  Family Court  Drug Court  Juvenile Court  Housing Court

3 Juvenile Court: What Types of Cases?  Delinquency, Including petty offenses  Child Protection Matters  Child in Need of Protection or Services (CHIPS)  Including Truancy/Runaway  Permanency  Termination of Parental Rights  Adoption  Transfer of Legal Custody

4 Statute  260 JUVENILE COURT; CHILD PLACEMENT; COMPACTS  260A TRUANCY  260B DELINQUENCY  260C JUVENILE SAFETY AND PLACEMENT  260D CHILD IN VOLUNTARY FOSTER CARE FOR TREATMENT

5 Rules  Rules of Juvenile Court Procedure

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 Adjunct Professor Monica Bogucki Copyright 2013

Order to Show Cause

Flow Chart

9 Juvenile Court CHIPS Matters  Who initiates (drafts and files) a child protection proceeding?  Generally, the county attorney  After a report of maltreatment  Investigation  Determination of need for services  Voluntary services won’t work  Any responsible person  Truancy/Runaway by citation

10 Fact finding  Burden of Proof  Clear and convincing  Paramount consideration  “the health, safety, and best interests of the child.”

Children’s Justice Initiative  Judge’s Benchbook  Also located on the State of Minnesota Supreme Court website  Court forms  Children’s Justice Initiative: Adjunct Professor Monica Bogucki Copyright 2013

CHIPS petitions  Court forms:  Adjunct Professor Monica Bogucki Copyright 2013

CHIPS EXERCISES Adjunct Professor Monica Bogucki Copyright 2013