Re: WORLD Law Direct Forums

[shelms]

How can I stop a PINS proceeding placed in nyc family court

[sandra]

I have found related info about a PINS proceeding (see the article below), but it doesn't say how to stop it...

Introductory Guide to the Family Court New York City
http://www.abcny.org/pdf/famguide_ms.pdf

Introductory Guide to the New York City Family Court
January 2006
©2006 The Association of the Bar of the City of New York.
All rights reserved
42 West 44th Street, New York, NY 10036

“PINS” Proceedings (Person In Need of Supervision)

A. WHAT IS A “PINS”?
A “PINS” is a child under 18 who does not attend school, behaves in a way that is dangerous or out of control, or often disobeys his or her parents, guardians, or other authorities. Such a child may be found to be a Person In Need of Supervision, or “PINS.” All PINS proceedings are heard in the Family Court.

B. WHAT IS PINS “DIVERSION”?
Before a PINS case is filed, the Family Court Assessment Program (FAP) meets with the child and the complaining party. The FAP will try to set aside, or divert, the case to keep it out of court. The FAP may recommend referrals to various community or governmental programs to help the child. If the matter is “divert-ed,” no petition is filed, and no court case begins. If the diversion is unsuccessful, the complaining party may then file a PINS petition.

C. WHAT IS THE FAMILY ASSESSMENT PROGRAM (FAP)?
The FAP offers help to families with children who are difficult to handle and at risk of becoming a PINS and being placed in foster care. The Administration for Children's Services (ACS) and the Department of Probation operate the FAP. The FAP was jointly established by the Office of Children and Family Services and Division of Probation to offer help to families in crisis with children who are difficult to handle and at risk of becoming a PINS and being placed in foster care.

D. IS THE CHILD REPRESENTED BY A LAWYER?
Yes. A private attorney may be hired to represent the child, or the court will assign a lawyer for free if the family cannot afford to pay for one. The child's lawyer is called a “law guardian.”

E. HOW DOES A PINS COURT CASE BEGIN?
All persons who request PINS services will first be seen by the FAP social work staff. A parent or other person legally responsible for the child’s care and the child must first meet with an FAP social worker or probation officer concerning diversion services. APINS petition may not be filed without documentation from the Department of Probation Department that diversion efforts will no longer help the child and family. A parent or other person legally responsible for the child’s care, with the documentation from the Department of Probation, may file a PINS petition in the Family Court. A PINS petition may also be filed by a peace or police officer, a person claiming that the child injured him or her, a witness to the act, or a school or other authorized agency.

The PINS petition describes the child’s behavior and asks the court to find that the child needs supervision. The petition and a summons must be given to the child and the parent telling them to appear in Family Court on a specific date.

F. WHO STARTS A CASE AGAINST THE CHILD?
The complaining party begins the case at the hearing by testifying about the child's behavior. Sometimes the judge assigns a lawyer to represent the complaining party, or the complaining party may hire a lawyer.

G. CAN THE COURT HOLD THE CHILD IN A SECURE FACILITY(A “LOCK-UP”)?
No. If the court finds that the PINS child should not be released to the custody of the child’s parent or guardian while waiting for the fact-finding hearing, the court may not order a child held in a secure, or “lock-up,” facility. If it appears that a PINS respondent might fail to appear for a scheduled court date, or is at risk of committing an act that would be a crime if committed by an adult, the court may order the child held in a non-secure facility or place the child with a relative or other person willing and able to take responsibility for the child.

H. WHAT HAPPENS AT THE FACT-FINDING HEARING?
In a PINS case, the trial is called a “fact-finding hearing.” The parties may testify and present witnesses and evidence to the court. If the judge decides that the child committed the acts described in the petition, the judge sets a date for a “dispositional hearing.” The court may order the Department of Probation to prepare a report about the child’s general behavior, home life, and school attendance and behavior, and may order an evaluation by the New York City Department of Mental Health Services.

I. WHAT HAPPENS AT THE DISPOSITIONAL HEARING?
At the dispositional hearing, information is given to the court to help the judge decide whether the child is a person in need of supervision — a PINS. Witnesses with information about the child may testify and present evidence. The child may also testify. If the judge decides that the child does not need supervision or treatment, the judge will dismiss the case. If the judge decides that the child needs supervision or treatment, the judge can place the child in a foster home, group home, or asocial-services facility for up to 12 months or send the child home under a probation officer’s supervision. If the child is at least 10 years old, the judge can order the child to pay for any damage done to someone’s property (restitution) or require the child to perform community service. The judge may also discharge the child with a warning or adjourn the case in contemplation of dismissal (ACD) for up to 6 months. This gives the judge time to decide whether the case should be dismissed. Once the judge decides what to do, the judge signs a “dispositional order.”

J. WHAT HAPPENS IF THE CHILD DISOBEYS THE DISPOSITIONAL ORDER?
If the court finds that the child is not obeying the terms of the court’s order, the probation officer or placement agency may file a violation petition, and a new dispositional hearing may be held. If the violation is proven, the court may change the dispositional order. Note on Child Support: A parent whose child has been placed in foster care as a “PINS” must continue to pay child support. The Department of Social Services (Administration for Children’s Services) has the right to file a petition for child support against the parent of a “PINS” child in placement.