A PINS petition may be filed in Family Court by a parent or other person legally responsible for the care of the child, by a peace officer or police officer, by a person who has been injured by a child, or by a school or other authorized agency. The PINS petition contains a description of the child's behavior and asks the court to find that the child is in need of supervision.
The petition and a summons must be given to the child and his or her parent, directing them to appear in Family Court on a specific date.
The complaining party presents the case at the hearing by testifying about the child's behavior. Sometimes the judge assigns a lawyer to represent the complaining party at the hearing, or the complaining party may hire an attorney. If the court finds that the PINS child should not be released to the custody of his or her parent or guardian while waiting for the fact-finding hearing, the court cannot hold the child in a secure 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 which would be a crime if committed by an adult, the court may place the child with a relative or other person willing and able to take responsibility for the child or hold the child in a non-secure facility.
In a PINS case, the trial is called a "fact-finding hearing". The parties may testify and present witnesses and evidence. If the judge decides that the child committed the acts described in the petition, the judge sets a date for a "dispositional hearing".
The PINS petition contains a description of the child's behavior and asks the court to find that the child is in need of supervision. The petition and a summons must be given to the child and his or her parent, directing them to appear in Family Court on a specific date. The complaining party presents the case at the hearing by testifying about the child's behavior. Depending upon the county and the circumstances, sometimes the judge assigns a lawyer to represent the complaining party at the hearing, or the complaining party may hire an attorney.
If the court finds that the PINS child should not be released to the custody of his or her parent or guardian while waiting for the fact-finding hearing, the court cannot hold the child in a secure 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 which would be a crime if committed by an adult, the court may place the child with a relative or other person willing and able to take responsibility for the child or hold the child in a non-secure facility.
In a PINS case, the trial is called a "fact-finding hearing". The parties may testify and present witnesses and evidence. If the judge decides that the child committed the acts described in the petition, the judge sets a date for a "dispositional hearing". At the dispositional hearing, information is presented to the court to help the judge decide whether the child is a person in need of supervision - a PINS.
If the parent or a guardian does not appear, the court can appoint an Attorney for the Child law guardian and if necessary a guardian ad litem to represent the respondent. In rare cases, the respondent is held or remanded to a detention facility pending a fact-finding hearing in PINS cases.
At the fact-finding hearing, the judge must decide whether the respondent committed the alleged acts, behaved in a way that was "incorrigible, ungovernable, or habitually disobedient", was out of the control of a parent or guardian, or is abusing drugs. During or following the fact-finding hearing, the judge may order with the consent of the parties that the proceedings be adjourned in contemplation of dismissal ACD for 6 months with the goal of ultimate dismissal of the petition.
If the respondent is found to be a person in need of supervision, the judge may order any of the following:. If the respondent violates the terms of the court order, the supervising probation officer or agency may file a violation petition with the court. Persons in need of supervision.
0コメント