Options for Teens Poverty Law

Living Away from Home When parent agrees Informal arrangement Emancipation Delegation of parental authority (DOPA) Voluntary transfer of custody

Living Away from Home When parent does not agree Do nothing Order for Protection Third party legal custody Child in Need of Protection or Services Petition (CHIPS)

Parent Agrees: Informal Arrangement Preserves family autonomy in decision making No court involvement Nothing in writing No authority for care giver to consent to medical care, school, counseling, etc. No certainty about length or arrangement

Parent Agrees: Emancipation No formal process in Minnesota Complete emancipation would free parents from duties to support and right to make decisions Child would still be bound by age-related statutes i.e. voting, consumption of alcohol

Parent Agrees: Delegation of Parental Authority (DOPA) Minn. Stat. § No need to go to court No need to involve anyone other than the parent(s), custodian and child Family makes decision about living arrangements New care giver has authority to consent to medical and dental care, counseling, school, etc. Only good for one year; can be renewed Parent can revoke at any time

Parent Agrees: Voluntary Transfer of Custody Minn. Stat. §257C.07 Custody Consent Decree Formal court proceeding Parent would have to go back to court to reclaim custody No county involvement

Parent Agrees: Standby and Temporary Custodian Minn. Stat. §257B Parent initiates the arrangement Other parent can agree or Court can approve and issue order Relies on identified triggering event Can seek court approval prior to the triggering event

Living Away from Home When parent does not agree Do nothing Order for Protection Third party legal custody Child in Need of Protection or Services Petition (CHIPS)

Parent Does Not Agree: Do Nothing Parent may call police Police response? Court involvement? Enrollment in school?

Parent Does Not Agree: Order for Protection Minn. Stat. §518B.00 et seq IF there is harm or fear of imminent harm Adversarial court proceeding An adult may bring the proceeding on behalf of the child Judge may agree to alternate living plan Quick response Enforcement available Services usually not available

Domestic Abuse – Definition Physical harm, bodily injury or assault Infliction of fear of imminent physical harm, bodily injury or assault Terroristic threats, criminal sexual conduct or interference with an emergency call

Definition cont. Committed against a family or household member by a family or household member Spouses or former spouses Parents and children Person related by blood Persons presently residing together or who have resided together Persons who have a child in common, whether or not they have lived together A man and woman if the woman is pregnant, and the man is alleged to be the father Persons involved in a significant romantic or sexual relationship

Who May Petition A family or household member personally or The following on behalf of a minor Family or household member Guardian Reputable adult age 25 or older

Who May Petition Minor age 16 or older on own behalf against Spouse or former spouse, or Person with whom the minor has a child IF The court determines the minor has sufficient maturity and judgment and that it is in the best interests of the minor

Petition Must include Affidavit under oath stating specific facts Disclosure of other OFP or court proceedings Court must provide assistance with forms

Relief Restrain abusing party Exclude party from the house Exclude abusing party from place of employment or other location

Additional Relief Award temporary custody or parenting time Establish support Provide counseling or other services Order treatment or counseling for abusing party

Hearings If court denies ex parte order If petitioner or respondent requests hearing If petitioner seeks certain kinds of relief

Penalty for Violation of OFP Misdemeanor Minimum of 3 days imprisonment Must be ordered to participate in counseling or other appropriate program 3 days may be stayed and enforced upon failure to complete counseling May also be punished as a contempt of court

More about penalties Increased penalties for repeat violations Court may prohibit offender from possessing any type of firearm

Parent Does Not Agree: Third Party Custody Minn. Stat. § 257C Adversarial court proceeding Child not a party Difficult to prevail No access to services If court grants order, only way to change it is to go back to court

Parent Does Not Agree: Child in Need of Protection or Services Petition (CHIPS) Minn. Stat. § 260C Adversarial court proceeding Court takes over decision making Child and parent entitled to legal representation Social services involvement Permanency considerations

Other Considerations for Teen Parents MFIP eligibility criteria Child protection interest in the baby