1. Options for Youth, Monica Bogucki, B.S.W., J.D. Copyright 2013 Monica Bogucki

2. Top Eleven list of options for children ● 1. CHIPS ● 2. Order for Protection ● 3. Delegation of Parental Authority ● 4. Third Party Legal Custody ● 5. Informal Family Arrangement

3. List continued ● 6. Stay at Home ● 7. Emancipation ● 8. Runaway ● 9. Standby Custody ● 10. 72 Hour Hold ● 11. Custody Modification

4. Child in Need of Protective Services (CHIPS) ● Minn. Stat. 260C, et. seq. ● Advantages: ● Many types of services available to the child ● Many types of services available to the parent and siblings ● Safe, alternative living arrangements, foster care ● Accesses Guardian Ad Litem

5. CHIPS continued ● Accesses social workers and child protection services ● Reunification services are available ● Accesses county attorney and police ● Permanency planning services available

6. CHIPS-Disadvantages ● Too many professionals may be involved ● Foster care placements are frequently disrupted ● Families’ voice is often not heard ● Child’s voice often not heard ● Child loses control of where he/she lives, choices of school, counseling and other types of treatments

7. CHIPS-Disadvantages continued ● Permanency planning comes quickly, often before the parent(s) can finish a case plan ● Dangerous ● Adversarial

8. Reasons a child may want a CHIPS option ● Child has no safe living arrangement ● Wants services for parents and siblings

9. Who are the players in juvenile court ● County attorney represents child protection agency ● Public defenders or private attorney represents parents ● Guardian ad litem ● Child ● Juvenile court judge

10. Order for Protection, Minn. Stat. 518B, et seq. This is a restraining order through family court. ● Advantages: ● Quick response with ex parte order ● Hearing within several days ● Restraining order ● Transfers legal custody between parents ● Enforcement available

11. Order for Protection- Disadvantages ● Severs family ties ● Reunification services not available ● Permanency services not available ● Services not usually available to parent(s) and sibling(s) ● Dangerous ● Adversarial

12. Delegation of Parental Authority aka Delegation of Powers by Parent ● Minn. Stat. 524.5-211 ● Delegates to another adult caregiver temporary legal and physical custody ● Advantages ● No court involvement ● Allows family autonomy in making decisions

13. DOPA advantages continues ● Not adversarial ● Can be renewed every 12 months ● Allows caregiver to authorize for medical care, dental care, counseling, other treatment and school necessities

14. DOPA Disadvantages ● May not cover unrelated person for public assistance programs such as Minnesota Family Investment Program (MFIP) ● If child is young, DOPA may not be permanent solution ● Requires notification of other parent in some circumstances ● Parent can revoke at any time

15. Informal Family Arrangement Advantages ● Allows family autonomy in making decisions ● No court involvement/not adversarial ● Allows family bonds to continue ● Not adversarial

16. Informal Family Arrangement Disadvantages ● Necessary services may not be identified and/or received ● Caregiver does not have legal authority to authorize medical care.... ● Unstable living arrangement for child ● Child may feel the uncertainty of the arrangement

17. Third Party Legal Custody, Minn. Stat. 518 et. seq. and Minn. Stat. 257C et. seq. Custody action filed in family court ● Advantages: ● Allows youth to have some control over who is the caregiver ● Does not engage the child protection system

18. Third party legal Disadvantages ● Adversarial ● High legal threshold for a custody transfer ● Severs family ties ● Family may not get services

19. Change of Custody in Dissolution of Marriage or Paternity Action, ● Minn. Stat. 518, et. Seq. ● Custody action in family court between the parents of the child ● Advantage: allows family autonomy, addresses child support

20. Change of Custody in Dissolution of Marriage or Paternity Action, ● Disadvantages: adversarial: children are NOT legal parties ● Adversarial

21. Emancipation ● Emancipation does exist, but Minnesota does not have a court process to request emancipation-sometimes through OFP, CHIPS ● Minnesota Supreme Court case law, Lufkin v. Harvey, 131 Minn. 238, 154 N.W. 1097 (Minn. 1915)

22. What does Emancipation get you? ● The right to live independently without your parents calling you in as a runaway. ● It does not make the youth an adult ● The youth still has to follow other laws, voting, drinking, curfew, criminal, marriage

23. Standby Custody ● Minn. Stat. 257B et. seq. ● Allows parent to appoint designated caregiver in the event of a triggering event

24. Stay at Home

25. 72 Hour hold ● Several Minnesota Statutes allow peace officers to put child on 72 hour hold

26. JoAnn’s Case ● JoAnn is a 17 year-old girl who is living with her mother, Ellen, and her mother’s boyfriend, Dennis. Dennis has been living in the home for two years. He started to sexually abuse JoAnn about six months after he moved into the home.

27. Continue ● The sexual abuse happens at least once a week. She has tried to talk to her Mom but her Mom will not listen. JoAnn is staying at her maternal grandmother’s house. Her grandmother is willing to take her in and wants to protect her from Dennis. Ellen has never hit or hurt JoAnn. Ellen refuses to leave Dennis. What are JoAnn’s options?

28. Mary’s Example ● Mary is a 15 year-old who is being physically abused by her mother, Ann. Ann hits Mary with many different kinds of objects such as: belts, electrical cords and closed fists. Mary has had bruises, welts and numerous marks on her body since she was 4 years-old. The physical abuse happens at least once a week.

29. Continued ● Mary decided that she cannot take this anymore. She has a younger brother, Jacob, who is 11 years-old. Ann also hits him but not as much as she hits Mary. Mary has no relatives that live in the area. She also has no friends who are willing to take her in. She has been staying on a temporary basis with some of her friends from school.

30. She cannot stay with them on a long- term basis. Mary has been out her home for a week. She has heard that her mother has called her in as a runaway and the police came looking for her at her friend’s house but she hid, so that they were not able to find her. What are Mary’s options?