CHILDREN & FAMILIES IN NEED OF SERVICES Amy Howell Southern Juvenile Defender Center Emory University School of Law

Juvenile Court Ideology Courts were described as benign, non- punitive and therapeutic. The state adopted the legal doctrine of parens patrie, the state as parent, to authorize state intervention with youths whose parents had lost control. The state would then informally adopt the youth and act as its guardian to consider what was in their best interest.

Theory behind CHINS/FINS To provide at-risk children and families with community based services to address their needs and reduce the need for out- of-home placements of children and future court involvement.

Distinctions CHINS/ FINS/ PINS Child Welfare Status Offenders Runaway Runaway Truancy Truancy Unruly Unruly Alcohol consumption Alcohol consumption Delinquent Youth

Early Intervention Child Safety vs. Family Preservation Assessments Assessments Home visits Home visits Services Services

Delinquency Prevention Juvenile Justice and Delinquency Prevention Act - JJDPA Enacted 1974 Enacted 1974 Report from President’s Commission on Law Enforcement and Administration of Justice Report from President’s Commission on Law Enforcement and Administration of Justice Mandate non criminal offenders not placed in secure detention facilities Mandate non criminal offenders not placed in secure detention facilities Federal funding linked to state’s successful efforts to decriminalize status offenses and de-institutionalize status offenders Federal funding linked to state’s successful efforts to decriminalize status offenses and de-institutionalize status offenders Reauthorization November 2, 2002 Reauthorization November 2, 2002

Overview of the Law Children in Need of Services (CHINS) To recognize that certain behaviors occurring within a family or school environment indicate that a child is experiencing serious difficulties and is in need of services and corrective action in order to protect the child from the irreversibility of certain choices, and to protect the integrity of the family and the authority it must maintain in order to fulfill its responsibilities to raise the next generation. New Hampshire, RSA§ 169-D:1 (2003) To recognize that certain behaviors occurring within a family or school environment indicate that a child is experiencing serious difficulties and is in need of services and corrective action in order to protect the child from the irreversibility of certain choices, and to protect the integrity of the family and the authority it must maintain in order to fulfill its responsibilities to raise the next generation. New Hampshire, RSA§ 169-D:1 (2003)

Overview of the Law Families in Need of Services (FINS) To define self-destructive behaviors by the child and conduct by other family members which contribute to the child’s harm and which warrant court intervention in the family’s life so that appropriate services to remedy the family’s dysfunction can be secured. Louisiana, La. Ch.C. Art. 726 (2003) To define self-destructive behaviors by the child and conduct by other family members which contribute to the child’s harm and which warrant court intervention in the family’s life so that appropriate services to remedy the family’s dysfunction can be secured. Louisiana, La. Ch.C. Art. 726 (2003) Persons in Need of Supervision (PINS)

Georgia’s Current Laws Deprived Child Is without proper parental care or control, subsistence, education, or other care or control necessary for the child’s physical, mental or emotional health or morals. Is without proper parental care or control, subsistence, education, or other care or control necessary for the child’s physical, mental or emotional health or morals.

Georgia’s Current Laws Status Offender A child who is charged with or adjudicated of an offense which is only an offense because of the perpetrator’s status as a child. Such offenses shall include, but are not limited to, truancy, running away from home, incorrigibility, and unruly behavior. A child who is charged with or adjudicated of an offense which is only an offense because of the perpetrator’s status as a child. Such offenses shall include, but are not limited to, truancy, running away from home, incorrigibility, and unruly behavior. Delinquent Child A child who has committed a delinquent act and is in need of treatment or rehabilitation. A child who has committed a delinquent act and is in need of treatment or rehabilitation.

States with CHINS/FINS STATE Statutory Language Enacted Agency Type ArkansasFINS1987 Juvenile Justice ConnecticutFINS1980 Child Welfare FloridaCHINS1989 Juvenile Justice Kansas Child In Need of Care 1982 Child Welfare LouisianaFINS1991 Juvenile Justice

States with CHINS/FINS STATE Statutory Language Enacted Agency Type MassachusettsCHINS1973 Child Welfare MinnesotaCHINS1999 New Hampshire CHINS1979 Child Welfare New Mexico FINS1978 Child Welfare New York PINS1962 Child Welfare

New Hampshire CHINS Under 18 Under 18 Status Offenses Status Offenses Repeat Offender Repeat Offender Prior to filing a petition community resources must be exhausted Investigative report by Human Services Department Court may order treatment or services for both children and parents Police and court records destroyed at 18

FLORIDA Department of Juvenile Justice Contract to Providers Contract to Providers 2001 award 3 year $108 million dollar contract 2001 award 3 year $108 million dollar contract CHINS & FINS Ungovernable, Truant, or Runaway Ungovernable, Truant, or Runaway No active or pending child welfare or delinquent action No active or pending child welfare or delinquent action Delinquency Prevention Program Funding State State Federal Federal Contempt Provision

LOUISIANA Division of Youth Services FINS Program in each Judicial District Funding

Challenges of CHINS/ FINS CHINS Boot Strapping Boot Strapping Contempt Contempt Delinquency Charges Delinquency Charges Focus on child Focus on childFINS Separation of powers Separation of powers Therapeutic vs Adversarial Direct Funding

NEW YORK Enacted 1962 Made status offenses non-criminal Made status offenses non-criminal Limited use of detention to 1 year Limited use of detention to 1 year 84% of PINS petitions had no prior history of delinquency 18% had previous child welfare involvement 60% of petitions related to truancy 45% of Petitions initiated by parents 73% of PINS were girls Large numbers of youth enter foster care

MASSACHUSETTS Enacted in 1973 Status offenses decriminalized Status offenses decriminalized CHINS behaviors not offenses against society but rather offenses against self interest CHINS behaviors not offenses against society but rather offenses against self interest 54% of CHINS youth faced adult criminal or delinquent offenses within three years of their first CHINS petition. Adversarial Adversarial Punitive Approach Punitive Approach Insufficient access to community services Insufficient access to community services

Necessary Elements: CHINS/FINS Statutory Construction A complete chapter devoted to CHINS A complete chapter devoted to CHINSFunding Adequate funding to ensure comprehensive services Adequate funding to ensure comprehensive services Procedural Protections Due process safeguards to ensure fairness Due process safeguards to ensure fairness

Necessary Elements: CHINS/FINS Program Accountability Measure to monitor progress and success of implementation Measure to monitor progress and success of implementation Focus on Family Participation Requiring parents to participate in their child’s service needs Requiring parents to participate in their child’s service needs

Contact Information Amy Howell Equal Justice Works Fellow The Southern Juvenile Defender Center Emory University School of Law (404)