Poverty Law 2CHIPS
Adjunct Professor MonicaBogucki, BSW, JDCopyright2016 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.175
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
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;
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;
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;
Bases for CHIPS
has been placed for adoption or care in violation of law; 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;
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;
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; oris a sexually exploitedyouth orhas committed a delinquent act or a juvenile petty offense before becoming ten years old;
Bases for CHIPS
is a runaway; oris a habitual truant; 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 petty offense; 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.
Who are the players in juvenile court?
Juvenile Court Video
http://www.mncourts.gov/Help-Topics/CJI.aspx
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
CHIPS EXERCISES
CHIPS PETITION
Forms available on State of Minnesota Supreme Court websitewww.mncourts.gov
0
Embed
Upload