Navigating PINS
Has ASC called been called on your family? Have you been told you need to file a PINS on your child?
While ASC (Administration of Child Services) has not released exact data surrounding PINS (Persons In Need of Supervision) cases, according to social workers hundred of them are filed in New York City each month. PINS cases are overseen by FAP (Family Assessment Program), an agency inside of ACS. PINS cases range from truancy-not going to school, to running away from the home, drug use, aggressive behavior, suspected gang involvement. FAP’s website describes candidates for a PINS as, “A child under the age of 18 who does not attend school, or behaves in a way that is dangerous or out of control, or often disobeys his or her parents, guardians or other authorities.” Many of these cases are something called “status offenses” and are only a crime because a child is under 18.
TRUANCY
According to the mayor’s office chronic absenteeism proceeded behavioral incidents 86% of the time, suggesting that truancy is an “early warning” flag. After 10 days in a row of missed classes, a child’s school should be in contact with the parents. They can also check their child’s attendance and report card at any point on your NYC Schools Account. Often parents don’t know their child has been absent until the report card arrives. But after 20 days, depending on the school they may call ACS to report families. Truancy is often seen as the first warning sign and drastically affects test scores, graduation rates, and is a precursor to more dangerous habits. Because there are cases where children are being neglected and abused, ASC takes these reports very seriously and will eventually schedule visits to a family’s home to determine the cause of the truancy. Parents can be fined and even serve time in jail if ASC deems them negligent. Truancy is also a leading cause for a school to call ACS on a family and suggest filing a PINS petition that could eventually land their child in jail.
PARENT & SOCIAL WORKER ADVICE
If at all possible, parents should form a relationship with their child’s school guidance counselor and teachers so that if truancy starts to become an issue it can be dealt with early on. The tendency is to think of these kids as lazy or stubborn if they aren’t going to school and therefore parents often respond with punishments rather than a conversation. “School should be a social place,” says retired social worker Debbie Johnston, “so if a child isn’t going there are other problems.”
If parents can have a conversation with their child about their school environment and if they can involve the guidance counselor there are solutions that the city can offer, but schools are underfunded and resources can be scarce so it is up to the parents to advocate for their child.
COMMON REASONS KIDS DON’T GO TO SCHOOL (according to FAP social workers):
- Don’t feel safe- being bullied, abused, or even just teased
- Not properly placed academically: are either in classes that are too challenging or classes are not challenging enough
- Don’t have a metrocard or other transportation to get to school
- Hungry and embarrassed that they don’t have money for lunch
- Can’t see the board- sometimes a simple pair of glasses can change attendance
- Are taking care of a sick family member or other siblings
- Anxiety
- Disruptions at home
- Need to work
- Gang involvement
- Want more freedom
If caught early enough, there are many solutions that parents can ask for from the school or their district. But even after chronic absences there are still many options for parents. Often changing schools or classes can fix many of the issues above. There are even alternative schools, like Wild Cat Academy where teenagers can work one week and go to school the next, however, 100% attendance is mandatory. The city also many programs for families that need help getting to school or paying for lunches. Guidance counselors should be able to point parents in the right direction but if they aren’t helpful, FAP social workers can be a good resource.
WHAT IS PINS?
PINS is a legal process where parents can ask NYC Family Court to supervise their child. There are PINS petitions and warrants and PINS diversion programs. FAP is the ACS department that oversees PINS cases. Unless a child has run away and can’t be located, in order to file a PINS petition or PINS warrant, a family must meet with a FAP social worker who can assess a family’s specific needs. FAP works to keep children out of the court system where it common that they will run into more legal problems. Families can also meet with FAP before the school recommends and before a ASC has been called on a family. If the child will not show up for meetings with their social worker or to recommended programs, a petition may be filed that would give police the authority to find and detain the child and bring them in front of a family court judge.
WHO CAN FILE A PINS?
Most PINS petitions are filed by the parent or caregiver of a child. But school officials, police officers, people injured by the child, or ACS may also file a PINS petition.
WHY/WHEN WOULD I FILE A PINS?
- A school recommends it because they don’t feel a parent has control over their child(for truancy, drug use, running away, gang related activity, aggressive behavior)
- The police recommend it because a child has been arrested
- There is violence at home and the parents can’t control it.
A child is missing and can’t be located or won’t come home:
If a child is missing then a parent can file a PINS warrant which classifies them as a missing person and the police can then begin to look for them. Once the child is located they will be put in a detention facility until the family will be brought in front of judge in Family Court. The family will be assigned a social worker and a parole officer and the child will be given a lawyer. This is often a very uncomfortable hearing as the parent or guardian is forced to testify against their own child as a means of getting help for their family. This often makes any tensions at home much worse and deteriorates trust that is needed to find lines of communication within a family.
For any of the other reasons, the family will sent to FAP for an assessment before seeing a judge. Before parents can start a PINS case in court, they must first work FAP. Parents can only start a PINS case when FAP informs them that they cannot help any more. At that point, to start a case, families must file a PINS petition in the Petition Room in Family Court.
WHAT CAN FAP DO?
Depending on a families needs, FAP will recommend a variety of programs and counseling options that are designed to keep a child in their home. There are three levels of city based programs that are administered by different organizations in each borough.
FFT- Family Functional Therapy: in-home weekly therapy sessions for several months. Typically when FAP identifies that the issues the child is having are around disturbances in the home- like a divorce or troubled sibling.
MDFT- Multidimensional Family Therapy: a more in-depth look at a family’s issues and educational assessment of the child. This is also the level FAP may recommend if drug testing and treatment is needed.
MST- Multi-systemic Therapy: three to four months of sometimes daily therapy that was designed to serve youth with serious anti-social behavior and often long arrest histories, blending cognitive behavioral therapy, behavior management training, family therapies and community psychology.
COMMUNITY BASED PROGRAMS
FAP may also recommend a community based program- which parents can contact without a recommendation from FAP and can/should be used in conjunction with any other recommendation. The point of all of these programs is to provide support to each family and help with communication between parents and their children. There should also always be a mentor component for both children and parents as well as a regular group activity or program for the child that interests them.
Organization like CCFY (Community Connections for Youth) serve as a place to find mentors and support groups but are also connect families to community based programs like:
Faith & Community Based Programs: youth leadership, community service, non-academic youth development programs
Education Support: tutoring, PATHWAYS to graduation programs, GED programs, college counseling, school transfer help, introduction to subjects not taught in school
Positive Youth Development Programs: develop interests outside of academics- like art, sports, music, and dance lessons. (*Sometimes the justice system looks at kids and sees them as their bad behavior. These alternative programs remind parents that as minors, these kids brains are still forming and they can change and learn new habits. This is supported by all the latest science.)
Work-Readiness Programs: help kids develop real world skills like internships, job shadowing and actual jobs.
Health & Wellness Programs: like yoga, fitness, cooking classes, nutrition classes, and classes that teach young people about the impact of drugs on their body.
Mentoring: for both parents and students
Counseling: for families and individual- group and one-on-one options
REVIEW- WHAT CAN I DO INSTEAD OF FILING A PINS?
- Meet with FAP (parents will have to do this anyway even if they want to file a PINS- unless their child has run away)
- Find a community based organization and programming that interests the child
- Find mentors for both parents and kids (this step has proven to be incredibly helpful for the mental and emotional health of the family but also
PARENT TO PARENT ADVICE:
- Find a community based program (like CCFY) for your family
- Find a mentor and support for yourself
- Find a program for your child that they are excited about that is in your local community. Fill their time up.
- Find a mentor for your child (usually through a community based program or city based diversion program)
- Counseling and groups sessions really do work
- Find a way to talk to your kid- even though you’re scared and probably super mad.
IF I HAVE TO FILE A PINS WHAT IS THE COURT PROCESS?
- The child should be assigned a lawyer and it’s best if the parent has one as well
- Families may agree that a short stay in foster care (usually at a group home) is the best thing for everyone.
- Families may agree that working out the problems at home is best for everyone.
- Families may not agree about what is best. When this happens, the judge can select a date for either a probable cause hearing or a fact-finding hearing. A hearing is a proceeding before a court.
- The judge can refer the case back to FAP.
PROBABLE CAUSE HEARING
A probable cause hearing is scheduled when a judge needs to decide if a child should stay somewhere else until the fact-finding hearing. A judge who thinks a child might not show up at the fact-finding hearing, can order a child to stay in a non-secure facility until the next court date. A non-secure facility is a place where a child is not locked in. This aspect can be extremely frustrating for parents, because their child is no longer in their care and can still run away from these facilities
FACT FINDING HEARING
A fact-finding hearing is a trial. At this trial, parents must prove to the court that their child did what they said they did in the PINS petition. Parents will be able to testify about what happened and bring in other evidence.
At the fact-finding hearing, the judge can set a date a dispositional hearing, refer the case back to FAP, or dismiss the case.
DISPOSITIONAL HEARING
A dispositional hearing is when a judge decides what will happen to your child as a result of the PINS case like:
- A suspended judgment-which include things the child must do or must not do. If the child does what the judge says, the case may be dismissed.
- Puts the child on probation- where the child has to meet with a probation officer and follow certain rules.
- Puts the child in a group home, a foster home, or some other non-secure facility. This may happen if the parents do not want their child to return home or the child does not want to go home.
- If the judge places the child in a non-secure facility, group home or foster home, they may be responsible for financially supporting their child. This means that a child support case may be started against the parents as well.
- Adjourns the case in contemplation of dismissal for up to six months. If everything is okay during that period, the case will be dismissed.
DOWNSIDES OF FILING A PINS
While PINS is a necessary step for families, hopefully it is the very last step a family or school will try and only in the most severe cases.
- More estranged from your child
- More opportunities for a child to fail.
- Court supervision means more court dates and hoping that a child will listen to a judge when they wouldn’t listen to a parent.
- Kids who get picked up by the police for other issues can get harsher sentences if they have a PINS designation.
- Parents can lose custody of their children
- It can feel like a large waste of time and put more strain on a family.
- Parents and experts agree that the more time kids spend in jail or some group homes awaiting family court hearings, the likelihood of them committing worse offenses drastically increases.
It may not feel like it to most parents who don’t feel like they are in control of their children, but there are options that can help. Studies have shown that families and youth that enter mentoring and diversion programs have a drastically lower chance of entering the justice system. While ACS has a very bad earned reputation these for literally taking kids out of parents arms, there are dozens of FAP social workers who are helping families keep their kids in their homes and out of the courts everyday.
RESOURCES:
FAP- parents can call FAP and speak with a social worker without a referral.
CCFY-community based program in the South Bronx
LIFT Legal Information for Families Today
Credible Messengers: city wide mentors who have been through the justice system
Arches Mentoring Program: city wide mentors who have been through the justice system
Local Public Libraries
Community Centers
** NOTE**
I am not a parent nor have I have I been in the justice system. As a student, I do however, have time to wade through the city’s resources and find information for parents dealing with the juvenile justice system. I met with parents, social workers, guidance counselors, parents mentors, youth mentors, community organizations to try to help understand this system. I am trying to amplify the work they are doing.
Please send me your comments and personal stories. I will continue to compile lists of resources as well so please send any person or organization that has provided you with needed support.
