Ask any parent in the state of New York and they will tell you that being
a parent is no easy task. Most parents encounter the usual amount of disobedience
from their children with situations such as refusing to clean their room
and talking back to a parent. But when this disobedient behavior escalates
to skipping school repeatedly or physically abusing an adult figure, then
that child quickly turns into a candidate for a PINS petition.
But what is a PINS petition and what can families expect to encounter when
this matter gets taken to court?
According to the New York Family Court System, PINS, or Person in Need
of Supervision, is a title given to a child who is under the age of 18
and behaves in such a way that could be considered out of control or dangerous.
This can include not attending school and disobeying his or her parents,
guardians or other authorities. In some extreme cases, physical abuse
from a child towards an adult has also resulted in a PINS case.
Cases such as this can result in a PINS petition where the parents and
child are given a court summons to appear in front of a
family court judge to have their case heard. During this time, the complaining party
testifies to the behavior of the child and presents other evidence that
supports a need for supervision. If at this time, a child is determined
to be a PINS case, then the judge can set a date for a dispositional hearing.
During a dispositional hearing it is determined whether the child should
stay in the custody of his or her parents along with a probation officer,
or if they should be transferred into the protective custody of a foster
group home or social service facility. The child must adhere to the orders
given by the judge or risk other more serious litigation down the road.
As readers of our blog can imagine, filing a PINS petition is never an
easy decision to come by and often requires significant legal advice before
taking those steps. Before taking these steps, it may be worth talking
to an attorney to figure out your options and see if a PINS petition is
right for you and your family.
Source: NYcourts.gov, "Frequently Asked Questions [FAQs]"