Juvenile Law
Child in Need of Services (CHINS)
For over 10 years Attorney James Ianiri has represented children in CHINS cases in Boston, the Greater Boston area and the South Shore. And now, due a recent change in the law, he represents parents in CHINS cases.
In certain circumstances, a parent, legal guardian, school official or police officer may apply for a petition pursuant to M.G.L. Chapter 119 § 39E seeking a Child in Need of Services (CHINS). These circumstances are if the child:
- Persistently runs away from the home (Runaway)
- Persistently refuses to obey the lawful and reasonable commands of the parent or guardian (Stubborn)
- Persistently and wilfully fails to attend school (Truant)
- Persistently violates the lawful and reasonable regulations of his school (Habitual)
At the initial hearing, the judge must find probable cause to issue a formal petition. Since this standard is so low, most applications for a CHINS petition are routinely granted. A Hearing on the Merits (trial) is usually scheduled within 30 days. The child has a right to a jury trial, although most trials are heard by a judge.
Before the probable cause hearing, the Probation Department almost always has the child sign an Agreement specifying conditions that the child must follow, such as obeying the curfew set by the parents, attending school on time, obeying the parents, and refraining from the use of alcohol or drugs. Other conditions may include submitting to random drug screens, attending counseling and being evaluated by a court clinician or a psychologist or doctor.
Most judges will make the Agreement a “condition of custody.” If the child violates the Agreement, the judge can then place the child in the custody of the Department of Children and Families and may even order the child to be removed from the home. Sometimes a judge will order bail (to be paid by either a parent or DCF) and place the child in the temporary custody of DCF until the bail is paid. DCF never pays bail!
That is why Attorney Ianiri always warns parents “Be careful what you wish for.” Once the CHINS petition is issued, the parents can quickly lose control of the situation. In some cases, what started out as a CHINS turns into a Care and Protection case, only now the parents are the ones being accused!
Fortunately, in cases where the judge may transfer custody to DCF and the child has already been adjudicated a CHINS, parents now have a right to counsel. This right was recently recognized in the Supreme Judicial Court case of In Re: Hilary.
If the parent is indigent, he or she may be appointed counsel. However, if a parent does not qualify for court-appointed counsel, it is extremely important for the parent to tell the court that he or she wants a lawyer and to ask for a short continuance. Parents should not waive their right to counsel!
If you are a parent facing the prospect of losing custody of your child due to a CHINS order, call a lawyer who knows this area of the law cold. Call Attorney James M. Ianiri immediately! |
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