Putnam County, Ny Family Court College Expense Ruling
FAQs (Oft Asked Questions)
- What Is a "PINS"?
- What Is the Family Cess Program (F.A.P.)?
- Is the Child Represented by an Attorney?
- How Does a PINS Court Case Begin?
- Who Presents the Case Confronting the Kid?
- If the Child is Beyond the Control of His or Her Parents can the Court Hold the Kid in a Secure Facility?
- What Happens at the Fact-finding Hearing?
- What Happens at the Dispositional Hearing?
- What Happens If the Child Disobeys the Dispositional Club?
What Is a "PINS"?
A child under the age of 18 who does non attend school, or behaves in a mode that is unsafe or out of control, or often disobeys his or her parents, guardians or other government, may be plant to be a Person In Need of Supervision or "PINS". All PINS proceedings are heard in Family Courtroom. At that place is a possibility that the PINS proceeding could be settled outside of court through the Family Assessment Plan (F.A.P.) that is run by the Administration for Children'due south Services (ACS) and the NYC Section of Probation.
What Is the Family Assessment Program (F.A.P.)?
The Family Assessment Program (FAP) was created to offer information and aid to help families make well-informed decisions virtually how to resolve problems and concerns without placing children in foster intendance through a Persons In Need of Supervision (PINS) petition. All families who request PINS services will first exist seen by the Family Court Assessment Programme social piece of work staff.
Get more specific data about the F.A.P. plan
Is the Kid Represented by an Attorney?
A individual attorney may be hired to represent the child or the court will assign an attorney. The child'due south attorney is chosen an "Attorney for Child."
CourtHelp - Lawyers & Legal Help
How Does a PINS Court Case Begin?
A PINS petition may be filed in Family Court by a parent or other person legally responsible for the care of the kid, by a peace officer or police force officer, past a person who has been injured by a child, or by a schoolhouse or other authorized bureau. The PINS petition contains a description of the child's behavior and asks the court to detect that the child is in demand of supervision. The petition and a summons must exist given to the child and his or her parent, directing them to appear in Family Court on a specific date.
There are no filing fees in Family Court.
Who Presents the Instance Against the Child?
The complaining political party presents the instance at the hearing by testifying near the child's beliefs. Sometimes the estimate assigns a lawyer to stand for the lament party at the hearing, or the complaining party may hire an attorney.
If the Child is Across the Command of His or Her Parents can the Court Agree the Child in a Secure Facility?
If the court finds that the PINS child should non 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 information technology appears that a PINS respondent might fail to appear for a scheduled courtroom appointment, or is at risk of committing an act which would be a crime if committed by an adult, the court may place the kid with a relative or other person willing and able to take responsibleness for the child or hold the child in a non-secure facility.
What Happens at the Fact-finding Hearing?
In a PINS case, the trial is called a "fact-finding hearing". The parties may testify and present witnesses and bear witness.
If the guess decides that the child committed the acts described in the petition, the judge sets a date for a "dispositional hearing". The court may guild the Probation Section to prepare a report apropos the kid's general beliefs, habitation life and school omnipresence and behavior, and may order an evaluation past the city'due south Mental Health Services.
What Happens at the Dispositional Hearing?
At the dispositional hearing, data is presented to the court to help the gauge make up one's mind whether the child is a person in need of supervision - a PINS. Witnesses with information almost the child testify and nowadays bear witness.
If the judge decides that the child does not demand supervision or treatment, the estimate may dismiss the case. If the child does demand supervision or treatment, the guess can place the child into a foster grouping home or a social service facility for up to xviii months or send the child home nether the supervision of a probation officer. If the child is at to the lowest degree 10 years old, the approximate tin order the kid to pay for whatsoever damage done to someone's property, or require the child to perform community service. The judge tin also put the instance "on agree" for up to six months to decide whether the case should be dismissed, or may discharge the child with a warning. The judge then signs a "dispositional order".
What Happens If the Child Disobeys the Dispositional Order?
If the courtroom finds that the kid is non obeying the terms of the court'southward order, the probation officeholder or placement agency may file a violation petition, and a new dispositional hearing may be held. If the violation is proven, the courtroom may change its order to any order it could have issued at the original dispositional hearing.
Source: http://ww2.nycourts.gov/COURTS/nyc/family/faqs_pins.shtml
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