Chins Petition And Child Rights

A CHINS (Child in Need of Services) action used by the juvenile justice system to help a child to conform his or her behavior to certain rules, whether court-mandated or those stipulated by parents. “There are four types of CHINS petitions are ‘Runaway’, ‘Stubborn Child’, ‘Habitual School Offender’ and ‘Truancy’. A court determined CHINS petition will allow the court to impose certain conditions on the child (i.e. curfew, counseling, compliance with DCF services) and 2) place custody of the child with the parent/legal guardian, qualified 3rd party or the Department of Children and Families (DCF) (Pang, 2009)”.

“A runaway or stubborn child petition can be filed by the parent, the legal guardian or a police officer. The petitioner must prove beyond a reasonable doubt that the child either a) repeatedly runs away from the home of a parent or legal guardian (for Runaway petitions), or (b) repeatedly fails to obey the lawful and reasonable commands of a parent or legal guardian, thereby interfering with the parent’s or legal guardian’s ability to adequately care for and protect the child (for Stubborn Child petitions) (Pang, 2009)”.

“A habitual school offender or truancy petition can be filed by any supervisor of attendance. The petitioner must prove beyond a reasonable doubt that the child, between the ages of 6-16, either repeatedly fails to obey lawful and reasonable school regulations (for Habitual School Offender petitions) or, willfully fails to attend school for more than 8 school days in a quarter (for Truancy petitions) (Pang, 2009)”.

Based on these forms of petitions, a child must be brought before a judge. “If the child does not come into court under “arrest”, a date has to be set for a hearing. The court shall hold a Preliminary Hearing in which will either decide between the following choices: decline to issue the petition because there is no probable cause to believe that the child is in need of services, decline to issue the petition because it finds that the interests of the child would best be served by less formal assistance or issue the petition and schedule a trial. “If the child is brought in on arrest, the petition shall issue if it has not already issued. The court may will then hold a hearing and decide whether to proceed with a trial, or to refer the child to the care of a probation officer for informal assistance. If a trial is scheduled, the petitioner will have the burden of proving beyond a reasonable doubt that the child meets the definition of a ‘child in need of services (Pang, 2009)’.

“If a child is adjudicated to be a child in need of services, either after trial or by his/her own stipulation, the court may impose any of the following dispositions: 1) permit the child to remain with his parents; 2) place the child in the care of (a) a relative, probation officer, or other adult individual who, after inquiry by the probation officer or other per-son or agency designated by the court, is found to be qualified to receive and care for the child; (b) a private charitable or childcare agency or other private organization, licensed or otherwise authorized by law to receive and provide care for such children; or (c) a private organization which is found to be qualified to receive and care for the child, or 3) commit the child to the Department of Children and Families (DCF). A CHINS dispositional order is in force for not more than six months, unless the order is extended after a hearing. In practice, CHINS orders are often extended beyond the initial 6 months (Just Answer, 2020)”.

In Washington state, the petition allows parents “to obtain a court order mandating temporary placement of the child in a residence other than the home of his/her parent because: a serious conflict exists between the parent and child that cannot be resolved by delivery of services to the family during continued placement of the child in the parental home, and reasonable efforts have been made to prevent the need for removal of the child from the parental home (CHINS FAQ, 2020)”.

Massachusetts has their own way of dealing with CHINS petitions. Although different from other states, the principle is still the same. The ways to file petition is constantly changing based upon the needs of the parent and the system. A comparison of possible changes that are possible in Massachusetts can be seen below:

“Proposed Current CHINS System

Two doors to receiving assistance:

• Services can be obtained directly from a network of family resource centers or other community-based services organized by EOHHS or by assistance from the juvenile court.
• Families seeking court assistance will be encouraged to obtain community-based services prior to filing a petition with the court.
• Families who wish to request court intervention and file a petition without accessing community-based services first may do so only after signing a statement agreeing to their refusal of services and receiving informational material (prepared by the court) about the services provided through the court process, the way services are delivered and the risk of losing custody.
• Police officers (removed runaways only provision for filing expanded to the course of their duties) seeking court assistance must first try to connect the child to community-based services, unless they determine that it would place the child at risk.
• Schools seeking court assistance or assistance from a family resource center must first show that the child attended a Department of Elementary and Secondary Education (DESE)-certified truancy prevention program, if one is available, and what specific steps were taken to prevent truancy.

Only one door to receiving assistance:

• A parent or guardian, police officer or a school must file a petition with the juvenile court.
• Assistance is not available until a probation officer or the court is involved.
• Police may only file when the child is a runaway.
• When police officers become involved, they bring the child directly to the court system or police station if it is after hours.

Other impending changes to the CHINS petition consist of protecting the child from being restrained in the court, ensuring that if there are mandated services, and the family has private insurance, the insurance must pay for needed services. It also allows children expelled from school to obtain community-based services and work towards school re-entry. Requires school districts to make available to expelled students’ educational services to lead them back to a high school diploma.

If a court determines that a child has committed an offense, it then will decide for the CHINS petition. Unfortunately, “children do not enjoy a federal constitutional right to independent court appointed council. Nor must they be found “in need of supervision” beyond a reasonable doubt (Lanthier, 2020)”.

In 1989, during the United Nations Convention of Civil Rights of the Child brought together two main and needed dynamics, “both of which are critical to a child rights approach in development. Its first objective is to extend the fundamental human rights recognized for adults to children. This may be seen for example in provisions regarding freedom of conscience, rights to privacy, rights to voice and participation, and civil liberties (White, 2002)”.

There are certain rights that a child should have growing up. While at times not respected by parents and other adult figures, nevertheless, they are there to protect the child. Those primary rights are as follows:

• · “Non-discrimination means that all children have the same right to develop their potential in all situations and at all times. For example, every child should have equal access to education regardless of the child’s gender, race, ethnicity, nationality, religion, disability, parentage, sexual orientation or other status
• · The best interests of the child must be ‘a primary consideration’ in all actions and decisions concerning a child and must be used to resolve conflicts between different rights. For example, when making national budgetary decisions affecting children, Government must consider how cuts will impact on the best interests of the child
• · The right to survival and development underscores the vital importance of ensuring access to basic services and to equality of opportunity for children to achieve their full development. For example, a child with a disability should have effective access to education and health care to achieve their full potential
• · The views of the child mean that the voice of the child must be heard and respected in all matters concerning his or her rights. For example, those in power should consult with children before making decisions that will affect them ( International Childrens Rights, 2020)”.

With this information, children lack the rights of participate in their own CHINS petition trial. Although they may be provided with a court appointed lawyer, they still will not have a voice when it comes to defending their own behavior. While human rights have been extended to children to some extent, their lack of a voice is detrimental to their own perception of what is going on. It has long been known that the parent makes the decision regarding their children without getting input from the child.

The result of this lack of communication or input from the child often leads to resentment and distancing from the family. While productivity in family relations are encouraged, negative parenting can also lead to a deeper resentment and rebellion against not only parental figures, but also other figures of authority.

These potential problems present a completely different set of possible outcomes. There could be unrepairable rifts in the family, excessive negative behavior in the community or possible juvenile detention. While filing a CHINS petition early in the negative behavior state, it is not always the correct course of action.

When raising children, it is imperative that parents have extensive and productive face to face time with their child. While this may not essentially prevent future behavioral problems, it helps the parents to be aware of changes in behavior, attitude and feelings. This productive communication can prevent issues that may arise in the future.

“The needs of the child should be a priority for parents. While the authorative parenting style is best suited to help guide the child in the right direction since it is more hands on with the child. “Authoritative parents invest time and energy into preventing behavior problems before they start. They also use positive discipline strategies to reinforce good behavior, like praise and reward systems (Amy Morin, 2019)”.

This parenting approach can help prevent the need for a CHINS petition to be filed. By being a regular contributor to the growth of the child, the parents are more aware of problems as they arise. It also helps the child feel like the have a voice. Having a voice in the family is an important aspect for a child as it promotes honesty and less negative behavior.

“In the authoritarian approach, they also don’t allow kids to get involved in problem-solving challenges or obstacles. Instead, they make the rules and enforce the consequences with little regard for a child’s opinion. Children of authoritarian parents are at a higher risk of developing self-esteem problems because their opinions aren’t valued (Amy Morin, 2019)”.

This approach can also lead to excessive problems within the family since the child becomes distant. In response to this type of parenting, the child can become rebellious, challenging and hide things from their parents. At times, this is an issue which can lead the parents to filing a CHINS petition since the parents have the “you will do it my way or no way” attitude. The result usually does not end positively.

“Permissive parents present their own problems in a child’s behavior. “Permissive parents usually take on more of a friend role than a parent role. They often encourage their children to talk with them about their problems, but they usually don’t put much effort into discouraging poor choices or bad behavior. Kids who grow up with permissive parents are more likely to struggle academically. They may exhibit more behavioral problems as they don’t appreciate authority and rules (Amy Morin, 2019)”.

While parenting on a friend basis can have positive effects in the parent/child relationship, it is not without its own downfalls. The fact that children develop behavioral problems at an early age creates excessive stress not only on the parents, but all involved in the child’s life. They often have lack of respect for authoritative figures which leads to additional problems as the child matures.

Perhaps the most detrimental parenting style is uninvolved parenting. This style of parenting allows the child to do anything without possible consequences. The parents are detached and often do not provide the basic needs of the child. Parenting in this nature has the greatest risks of having a child served with a CHINS petition.

While parents may not reflect on how their parenting styles affect their children, an argument can be made to provide accessible parenting classes once an issue is determined to be present. Schools are a great way to initiate intervention, but that requires the child to be able to come forth with issues within the family. While a child may be afraid of possible consequences, they need to be encouraged to be open with other adult figures.

Unfortunately, several children are unable to come forward with possible issues at home. In the case of authoritarian parenting, a child may feel threatened at home if they do come forward. The action of informing others of what s happened can and sometimes does result in the parent taking a defensive approach which can lead to the parents taking actions such as initiating a CHINS petition because they feel the child is causing a problem in the home.

In conclusion, the rights of children need to be respected with regards to the problems that arise leading to the initiation of a CHINS petition. Parents need to take a more proactive role in getting to the cause of negative behaviors. Family therapy, meetings with school officials and taking the time to listen to their child can help provide the child with human rights and protection.

References

1. International Childrens Rights. (2020, 3 31). Retrieved from International Childrens Rights: https://www.childrensrights.ie/childrens-rights-ireland/childrens-rights-ireland
2. Amy Morin, L. (2019, 7 12). Verywell Family. Retrieved from Verywell Family: https://www.verywellfamily.com/types-of-parenting-styles-1095045
3. Children;s League. (2020, 3 24). Retrieved from Children’s League: http://www.childrensleague.org/advocacy/chins-reform-law/chins/
4. CHINS FAQ. (2020, 3 24). Retrieved from CHINS FAQ: http://cpsn.org/wp-content/uploads/2014/10/CHINS_FAQS.pdf
5. Just Answer. (2020, 3 30). Retrieved from Just Answer: https://www.justanswer.com/family-law/9qb46-granted-sole-legal-physical-custody-three.html
6. Lanthier, M. K. (2020, 3 24). Hein Online. Retrieved from Hein Online: https://heinonline.org/HOL/ViewImageLocal?handle=hein.journals/nuf2&div=5&collection=&method=preview&ext=.png&size=3
7. Pang, D. L. (2009, 12 3). Avvo. Retrieved from Avvo: https://www.avvo.com/legal-guides/ugc/children-in-need-of-services-chins-overview
8. White, S. C. (2002, 6 15). Wiley Online Library. Retrieved from Wiley Online Library: https://onlinelibrary.wiley.com/doi/pdf/10.1002/jid.950