CHILDREN & FAMILIES CHILDREN & FAMILIES IN NEED OF SERVICESIN NEED OF SERVICES

Amy HowellAmy Howell

Southern Juvenile Defender CenterSouthern Juvenile Defender Center

Emory University School of LawEmory University School of Law

Juvenile Court IdeologyJuvenile Court IdeologyCourts were described as benign, non-Courts were described as benign, non-punitive and therapeutic. punitive and therapeutic. The state adopted the legal doctrine of The state adopted the legal doctrine of parens patrieparens patrie, the state as parent, to , the state as parent, to authorize state intervention with youths authorize state intervention with youths whose parents had lost control. whose parents had lost control. The state would then informally adopt the The state would then informally adopt the youth and act as its guardian to consider youth and act as its guardian to consider what was in their best interest. what was in their best interest.

Theory behind CHINS/FINSTheory behind CHINS/FINS

To provide at-risk children and families To provide at-risk children and families with community based services to address with community based services to address their needs and reduce the need for out-their needs and reduce the need for out-of-home placements of children and future of-home placements of children and future court involvement.court involvement.

Distinctions CHINS/ FINS/ PINSDistinctions CHINS/ FINS/ PINS

Child WelfareChild Welfare

Status OffendersStatus Offenders RunawayRunaway TruancyTruancy UnrulyUnruly Alcohol consumptionAlcohol consumption

Delinquent YouthDelinquent Youth

Early InterventionEarly Intervention

Child Safety vs. Family PreservationChild Safety vs. Family Preservation

AssessmentsAssessments

Home visitsHome visits

ServicesServices

Delinquency PreventionDelinquency Prevention

Juvenile Justice and Delinquency Juvenile Justice and Delinquency Prevention Act - JJDPAPrevention Act - JJDPA Enacted 1974Enacted 1974 Report from President’s Commission on Law Report from President’s Commission on Law

Enforcement and Administration of JusticeEnforcement and Administration of Justice Mandate non criminal offenders not placed in Mandate non criminal offenders not placed in

secure detention facilitiessecure detention facilities Federal funding linked to state’s successful Federal funding linked to state’s successful

efforts to decriminalize status offenses and efforts to decriminalize status offenses and de-institutionalize status offendersde-institutionalize status offenders

Reauthorization November 2, 2002Reauthorization November 2, 2002

Overview of the LawOverview of the Law

Children in Need of Services (CHINS)Children in Need of Services (CHINS) To recognize that certain behaviors occurring To recognize that certain behaviors occurring

within a family or school environment indicate within a family or school environment indicate that a child is experiencing serious difficulties that a child is experiencing serious difficulties and is in need of services and corrective and is in need of services and corrective action in order to protect the child from the action in order to protect the child from the irreversibility of certain choices, and to protect irreversibility of certain choices, and to protect the integrity of the family and the authority it the integrity of the family and the authority it must maintain in order to fulfill its must maintain in order to fulfill its responsibilities to raise the next generation. responsibilities to raise the next generation. New Hampshire, RSANew Hampshire, RSA§ 169-D:1 (2003)§ 169-D:1 (2003)

Overview of the LawOverview of the Law

Families in Need of Services (FINS)Families in Need of Services (FINS) To define self-destructive behaviors by To define self-destructive behaviors by

the child and conduct by other family the child and conduct by other family members which contribute to the child’s members which contribute to the child’s harm and which warrant court harm and which warrant court intervention in the family’s life so that intervention in the family’s life so that appropriate services to remedy the appropriate services to remedy the family’s dysfunction can be secured. family’s dysfunction can be secured. Louisiana, La. Ch.C. Art. 726 (2003)Louisiana, La. Ch.C. Art. 726 (2003)

Persons in Need of Supervision (PINS)Persons in Need of Supervision (PINS)

Georgia’s Current LawsGeorgia’s Current Laws

Deprived ChildDeprived Child Is without proper parental care or Is without proper parental care or

control, subsistence, education, or other control, subsistence, education, or other care or control necessary for the child’s care or control necessary for the child’s physical, mental or emotional health or physical, mental or emotional health or morals.morals.

Georgia’s Current LawsGeorgia’s Current Laws

Status OffenderStatus Offender A child who is charged with or adjudicated of A child who is charged with or adjudicated of

an offense which is only an offense because an offense which is only an offense because of the perpetrator’s status as a child. Such of the perpetrator’s status as a child. Such offenses shall include, but are not limited to, offenses shall include, but are not limited to, truancy, running away from home, truancy, running away from home, incorrigibility, and unruly behavior.incorrigibility, and unruly behavior.

Delinquent ChildDelinquent Child A child who has committed a delinquent act A child who has committed a delinquent act

and is in need of treatment or rehabilitation.and is in need of treatment or rehabilitation.

States with CHINS/FINSStates with CHINS/FINS

STATESTATE Statutory Statutory Language Language

EnactedEnacted Agency Agency TypeType

ArkansasArkansas FINSFINS 19871987 Juvenile JusticeJuvenile Justice

ConnecticutConnecticut FINSFINS 19801980 Child WelfareChild Welfare

FloridaFlorida CHINSCHINS 19891989 Juvenile JusticeJuvenile Justice

KansasKansas Child In Need of Child In Need of CareCare

19821982 Child WelfareChild Welfare

LouisianaLouisiana FINSFINS 19911991 Juvenile JusticeJuvenile Justice

States with CHINS/FINSStates with CHINS/FINS

STATESTATE Statutory Statutory LanguageLanguage

EnactedEnacted Agency TypeAgency Type

MassachusettsMassachusetts CHINSCHINS 19731973 Child WelfareChild Welfare

MinnesotaMinnesota CHINSCHINS 19991999 Child WelfareChild Welfare

New HampshireNew Hampshire CHINSCHINS 19791979 Child WelfareChild Welfare

New MexicoNew Mexico FINSFINS 19781978 Child WelfareChild Welfare

New York New York PINSPINS 19621962 Child WelfareChild Welfare

New HampshireNew HampshireCHINSCHINS Under 18Under 18 Status OffensesStatus Offenses Repeat OffenderRepeat Offender

Prior to filing a petition community resources Prior to filing a petition community resources must be exhaustedmust be exhausted

Investigative report by Human Services Investigative report by Human Services DepartmentDepartment

Court may order treatment or services for both Court may order treatment or services for both children and parentschildren and parents

Police and court records destroyed at 18Police and court records destroyed at 18

FLORIDAFLORIDADepartment of Juvenile JusticeDepartment of Juvenile Justice Contract to ProvidersContract to Providers 2001 award 3 year $108 million dollar contract2001 award 3 year $108 million dollar contract

CHINS & FINSCHINS & FINS Ungovernable, Truant, or RunawayUngovernable, Truant, or Runaway No active or pending child welfare or delinquent No active or pending child welfare or delinquent

actionaction

Delinquency Prevention ProgramDelinquency Prevention ProgramFundingFunding StateState FederalFederal

Contempt ProvisionContempt Provision

LOUISIANALOUISIANA

Division of Youth ServicesDivision of Youth Services

FINS Program in each Judicial DistrictFINS Program in each Judicial District

FundingFunding

Challenges of CHINS/ FINSChallenges of CHINS/ FINS

CHINSCHINS Boot StrappingBoot Strapping ContemptContempt Delinquency ChargesDelinquency Charges Focus on childFocus on child

FINSFINS Separation of powersSeparation of powers

Therapeutic vs AdversarialTherapeutic vs AdversarialDirect FundingDirect Funding

NEW YORKNEW YORKEnacted 1962Enacted 1962 Made status offenses non-criminalMade status offenses non-criminal Limited use of detention to 1 yearLimited use of detention to 1 year

84% of PINS petitions had no prior history of 84% of PINS petitions had no prior history of delinquencydelinquency

18% had previous child welfare involvement18% had previous child welfare involvement

60% of petitions related to truancy60% of petitions related to truancy

45% of Petitions initiated by parents45% of Petitions initiated by parents

73% of PINS were girls73% of PINS were girls

Large numbers of youth enter foster careLarge numbers of youth enter foster care

MASSACHUSETTSMASSACHUSETTS

Enacted in 1973Enacted in 1973 Status offenses decriminalizedStatus offenses decriminalized CHINS behaviors not offenses against society CHINS behaviors not offenses against society

but rather offenses against self interestbut rather offenses against self interest

54% of CHINS youth faced adult criminal 54% of CHINS youth faced adult criminal or delinquent offenses within three years or delinquent offenses within three years of their first CHINS petition.of their first CHINS petition. AdversarialAdversarial Punitive ApproachPunitive Approach Insufficient access to community servicesInsufficient access to community services

Necessary Elements: CHINS/FINSNecessary Elements: CHINS/FINS

Statutory ConstructionStatutory Construction A complete chapter devoted to CHINSA complete chapter devoted to CHINS

FundingFunding Adequate funding to ensure Adequate funding to ensure

comprehensive servicescomprehensive services

Procedural ProtectionsProcedural Protections Due process safeguards to ensure Due process safeguards to ensure

fairnessfairness

Necessary Elements: CHINS/FINSNecessary Elements: CHINS/FINS

Program AccountabilityProgram Accountability Measure to monitor progress and Measure to monitor progress and

success of implementationsuccess of implementation

Focus on Family ParticipationFocus on Family Participation Requiring parents to participate in their Requiring parents to participate in their

child’s service needschild’s service needs

ContactContact Information Information

Amy HowellAmy Howell

Equal Justice Works FellowEqual Justice Works Fellow

The Southern Juvenile Defender CenterThe Southern Juvenile Defender Center

Emory University School of LawEmory University School of Law

ahowell@law.emory.eduahowell@law.emory.edu

(404) 727-6235(404) 727-6235

www.juveniledefender.orgwww.juveniledefender.org