Options for Youth,MonicaBogucki, B.S.W., J.D.
Copyright2018Monica Bogucki
Top Eleven list of options for children
1. CHIPS2. Order for Protection3. Delegation of Parental Authority4. Third Party Legal Custody5. Informal Family Arrangement
List continued
6. Stay at Home7. Emancipation8. Runaway9. Standby Custody10. 72 Hour Hold11. Custody Modification
Child in Need of Protective Services (CHIPS)
Minn. Stat. 260C, et. seq.Advantages:Many types of services available to the childMany types of services available to the parent and siblingsSafe, alternative living arrangements, foster careAccesses Guardian Ad Litem
CHIPS continued
Accesses social workers and child protection servicesReunification services are availableAccesses county attorney and policePermanency planning services available
CHIPS-Disadvantages
Too many professionals may be involvedFoster care placements are frequently disruptedFamilies’ voice is often not heardChild’s voice often not heardChild loses control of where he/she lives, choices of school, counseling and other types of treatments
CHIPS-Disadvantages continued
Permanency planning comes quickly, often before the parent(s) can finish a case planDangerousAdversarial
Reasons a child may want a CHIPS option
Child has no safe living arrangementWants services for parents and siblings
Who are the players in juvenile court
County attorney represents child protection agencyPublic defenders or private attorney represents parentsGuardian ad litemChildJuvenile court judge
Order for Protection, Minn. Stat. 518B, et seq.
Advantages:Quick response with ex parte orderHearing within several daysRestraining orderTransfers legal custody between parentsEnforcement available
This is a restraining order through family court.
Order for Protection- Disadvantages
Seversfamily tiesReunification services not availablePermanency services not availableServices not usually available to parent(s) andsibling(s)DangerousAdversarial
Delegation of Parental Authority aka Delegation of Powers by Parent
Minn. Stat. 524.5-211Delegates to another adult caregiver temporary legal and physical custodyAdvantagesNo court involvementAllows family autonomy in makingdecisionsSee Delegation of Powers by Parent form
DOPA advantages continues
Not adversarialCan be renewed every 12 monthsAllows caregiver to authorize for medical care, dental care, counseling, other treatment and school necessities
DOPA Disadvantages
Maynotcover unrelated person for public assistance programs such as Minnesota Family Investment Program (MFIP)If child is young, DOPA may not be permanent solutionRequires notification of other parent in some circumstances
Parent can revoke at any time
Delegation of Parental Powers form
www.lawhelpmn.orghttps://www.lawhelpmn.org/files/1765CC5E-1EC9-4FC4-65EC-957272D8A04E/attachments/4DF94FEA-8D9D-46C6-A09F-CCE29DFF76A9/delegation-of-parental-authority.pdf
Informal Family Arrangement
Allows family autonomy in making decisionsNo court involvement/not adversarialAllows family bonds to continueNot adversarial
Advantages
Informal Family Arrangement
Necessary services may not be identified and/or receivedCaregiver does not have legal authority to authorize medical care....Unstable living arrangement for childChild may feel the uncertainty of the arrangement
Disadvantages
Third Party Legal Custody, Minn. Stat. 518B et. seq.Or Minn. Stat. 257C et. seq.Advantages:Allows youth to have some control over who is the caregiverDoes not engage the child protection system
Third party legal
AdversarialHigh legal threshold for a custody transferSevers family tiesFamily may not get services
Disadvantages
Change of Custody in Dissolution of Marriage or Paternity Action,
Minn. Stat. 518, et. Seq.Custody action in family court between the parents of the childAdvantage: allows family autonomy, addresses child support
Change of Custody in Dissolution of Marriage or Paternity Action,
Disadvantages: adversarial: children are NOT legal partiesAdversarial
Emancipation
Emancipation does exist, but Minnesota does not have a court process to request emancipation-sometimes through OFP, CHIPSMinnesota Supreme Court case law, Lufkin v. Harvey, 131 Minn. 238, 154 N.W. 1097 (Minn. 1915)
What does Emancipation get you?
The right to live independently without your parents calling you in as a runaway.It does not make the youth an adultThe youth still has to follow other laws, voting, drinking, curfew, criminal, marriage
StandbyCustody,
Minn. Stat. 257B et. seq.Allows parent to appoint designated caregiver in the event of a triggering event
Stay at Home
Keeps family unitedAllows family opportunity to healIn some situations, it may be dangerous for the youth to remain in thehom
72 Hour hold
Several Minnesota Statutes allow peace officers to put child on 72 hourholdMinn. Stat. 253B.05Minn. Stat. 260C.175
JoAnn’s Case
JoAnn is a 17 year-old girl who is living with her mother, Ellen, and her mother’s boyfriend, Dennis. Dennis has been living in the home for two years. He started to sexually abuse JoAnn about six months after he moved into the home.
Continued
The sexual abuse happens at least once a week. She has tried to talk to her Mom but her Mom will not listen. JoAnn is staying at her maternal grandmother’s house. Her grandmother is willing to take her in and wants to protect her from Dennis. Ellen has never hit or hurt JoAnn. Ellen refuses to leave Dennis. What are JoAnn’s options?
Mary’s Example
Mary is a 15 year-old who is being physically abused by her mother, Ann. Ann hits Mary with many different kinds of objects such as: belts, electrical cords and closed fists. Mary has had bruises, welts and numerous marks on her body since she was 4 years-old. The physical abuse happens at least once a week.
Continued
Mary decided that she cannot take this anymore. She has a younger brother, Jacob, who is 11 years-old. Ann also hits him but not as much as she hits Mary. Mary has no relatives that live in the area. She also has no friends who are willing to take her in. She has been staying on a temporary basis with some of her friends from school.
She cannot stay with them on a long- term basis. Mary has been out her home for a week. She has heard that her mother has called her in as a runaway and the police came looking for her at her friend’s house but she hid, so that they were not able to find her. What are Mary’s options?
Who Will Speak for Me?Center for Children’s AdvocacyUniversity of Connecticut Schoolof Lawhttps://www.youtube.com/watch?v=lhfBe4kRsuc
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