1. Options for Youth, Monica Bogucki, B.S.W., J.D.
Copyright 2016 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
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
Delegates to another adult caregiver temporary legal and physical custody
Advantages
No court involvement
Allows family autonomy in making decisions
See Delegation of Powers by Parent form

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. Custody action filed in family court
Third Party Legal Custody, Minn. Stat 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 (Minn )

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
Minn. Stat. 253B.05
Minn. Stat. 260C.175

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
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?