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Poverty Law 2 CHIPS

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Poverty Law 2CHIPS
Adjunct Professor MonicaBogucki, BSW, JDCopyright2018 by Monica Bogucki
Children’s Justice Initiative
Judge’sBenchbookAlso located on the State of Minnesota Supreme CourtwebsiteCourt formswww.mncourts.govChildren’s Justice Initiative:http://www.mncourts.gov/?page=148
Juvenile Court
DependencyCasesChildren in need of protection and servicescasesDelinquencycases-criminal casesStatus-A status offense is a noncriminal act that is considered a law violation only because of a youth's status as aminor; for example, truancy, running away from home, violating curfew, underage use ofalcohol.
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.175Emergency Protective Care, Minn. Rules of Juvenile Protection Procedure Rule 2.01 (9)
72 hour hold
Mental health 72 hour holdIf a person is at risk of hurting herself or someone elseMinn. Stat. 253B.05
TennessenWarning, Minn. Stat. 13.04
When an individual is asked to supply private or confidential date the following warning must be given:Purpose of requested dateIf the individual can refuse to supply the dataAny known consequence arising from providing or not providing the dataWho will receive the information
Who can file a CHIPS petition?
Minn. Stat. 260C.141Any 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. 6is abandoned or without parent, guardian, or custodian; or2)(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,subd6(4)
Bases for CHIPS
Medical neglect—see statute oris 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)oris 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)oris a sexually exploitedyouth Minn. Stat. 260C.007,subd. 6(11)orhas 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)oris a habitualtruant Minn. Stat. 260C.007,subd6 (14); orhas 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 pettyoffense 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?
Parties, Participants and Intervention
Party Status- Parties to a juvenile protection matter shall include:Child’s guardian ad litemChild’s legal custodianIf Indian child, child’s Indian custodian and the child’s Indian tribeThe petitionerAny person who intervenes pursuant to Rule 23Any person who is joined as a party pursuant to Rule 24Any 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 toNotice pursuant to Rule 32Legal representation pursuant to Rule 25Be present at all hearing unless excluded pursuant to Rule 27Conduct discoveryBring motionsParticipate in settlement agreements
Rights of Parties continued
Subpoena witnessesMake argumentsPresent evidenceCross-examine witnessesRequest review of referee’s findingsRequest review of court’s dispositionBring post-trial motionsAppeal from court ordersMinn. Rules of Juvenile Protection Procedure, Rule 21.02
Participants
Unless already a party, participants to a juvenile protection proceeding shall include:The childAny parent who is not a legal custodianSocial service agency, when the agency is not the petitionerGrandparents with whom the child has lived within the two years preceding the filing of the petitionRelatives or other person providing care for the child and who request notice
Participants continued
Current foster parentsSpouse of the childAny 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 petitionAttending hearingsOffering information at the discretion of the court.Minn. Rules of Juvenile Protection Procedure Rule 22.02
Requesting to Intervene as a party
Intervention of RightChildGrandparents, if the child has lived withtegrandparent within two years preceding the filing of the petitionParent who is not legal custodianSocial service agencyIf request is made under this provision, the court must grant party status.Minn. Rules of Juvenile Protection Procedure Rule 23.01
Permissive Intervention
Other personsMinn. Rules of Juvenile Protection Procedure Rule 23.02
Guardian ad Litem
Person appointed by the court to protect the interests of minor in lawsuitLooks out for the “best interests” of the childSome are volunteer and some are paidSome are not lawyers and some are lawyersGAL 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 8.04Minn. 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 childPortions of case records which identify reporters of abuse and neglectRecords of HIV mattersMinn. Rules of Juvenile Protection Procedure 8.04subd3
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 8.04subd. 3
Public Access to Records
Public has access to records EXCEPT the following:Transcripts of testimony in closed proceedingsAudio 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 neglectHIV mattersMedical recordsChemical dependency evaluationsPsychological evaluationsPsychiatric evaluationsSexual offender treatment reportsPhotographs that identify the childNotices of change in foster care placementIdentity of a minor victim or perpetrator of sexual assaultShelter addressesFoster parents addressesMinn. Rules of Juvenile Protection Procedure Rule 8.04
CHIPS EXERCISES
CHIPS PETITION
Forms available on State of Minnesota Supreme Court websitewww.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

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Poverty Law 2 CHIPS