Can a child be placed in foster care?
Sometimes, a child may have two fully capable and caring parents but may still end up in foster care. This unfortunate situation may happen when the child persistently displays bad, dangerous, or aggressive behavior in their home or at school. New York State has a program known as Person in Need of Supervision, or PINS, that serves to determine whether the child needs additional supervision. The child may be placed in foster care if it is determined that the child simply can no longer live in the home.
In order to file a PINS petition, the family will have to attempt to go through diversion services to keep the case out of court. The social workers working for the Family Assessment Program will find the appropriate services to try and work towards overcoming the issues. If these services are successful, the family can likely remain out of course and will not have to bother with a PINS case. Some services may include counseling individually or as a family, tutoring, and more. However, if the services don’t look as though they are providing the family with any real help to overcome the issue, the Family Assessment Program will recommend filing a PINS petition.
In the PINS petition, all of the behavioral issues that the child is having will be detailed and explained for the court’s knowledge. When a PINS petition is filed, there will be a requirement to attend Family Court. At the fact-finding hearing that must take place, the judge will address the allegations made by the parent. In some situations, the parent may not want to allow the child to re-enter the home and the judge will deem that the child should enter foster care. Depending on the circumstances, the judge may also determine that the child should be placed on probation, in a group home, or enact another court order for up to one year.
If you have questions about the PINS program in New York State, contact an experienced family law attorney who can provide you with assistance.
Robert Pollack is an experienced divorce and family law attorney in Long Island, New York. Contact The Pollack Law Firm, P.C., to set up a free initial consultation.