ADVISING PARENTS WHO FILE CHIPS/JIPS

PETITIONS AT CHILDREN’S COURT

Training of Justice Center Volunteers

April 11, 2014

Judge Michael J. Dwyer

Stacy Kozel, MSW, LCSW

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ACCESS TO JUSTICE ACKNOWLEDGMENTS• Milwaukee Justice Center & Dawn

Caldart

• Limited Advice Clinics are the best

bang for the pro bono buck

oLawyer Volunteers

• Process simplification is the next

frontier

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LEARNING OBJECTIVES• Understand the parameters of

parent filed petitions

• Learn about FISS – purpose and

process

• Review Court Process

• Apply information to help parents

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PARENTS CAN SEEK COURT INVOLVEMENT UNDER

CHAPTER 48 - CHIPS

• 48.14(4) – aimed at special needs

o Physical, emotional or mental disabilities

• Whose parent …request(s) jurisdiction…and needs

assistance to provide necessary special treatment

for the child

• Services provided by BMCW

• Counter intuitive because often there are no

safety concerns

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PARENTS CAN SEEK COURT INVOLVEMENT UNDER

CHAPTER 938 - JIPS

• 938.13 - aimed at behavior

o (4) uncontrollable

o (6) habitually truant from school

o (7) habitually truant from home

• Services provided by Milwaukee County Delinquency & Court Services Division (DCSD)

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CHALLENGES• Only in Milwaukee are the agencies responsible for

services different.o In all other counties services for both provided by County DHS

• Kids get a lawyer at public expense, parents do not

• Good News – Bad Newso Relatively few of these cases each year

• 100 referred to court

o They tend to be difficult

• New process implemented January 1, 2014

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WHAT PARENTS NEED• Information and advice on navigating the

Children’s Court Process

o Pros and cons of seeking court jurisdiction

o Whether to ask for services under Ch 48 or Ch 938

o How to complete the petition

o How to properly serve the petition and provide

proof

o Understanding the court process

• General information on how to control an out of

control child

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SIMILARITIES BETWEEN CHIPS AND JIPS

• Services are provided

• The ultimate service that can be provided

is out of home placement

• Neither can result in jail for a child

• Parents are subject to court orders

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DIFFERENCES BETWEEN CHIPS &JIPS

• The nature of the problem – behavior v. special

needs

• The entity that provides the services

o Both have different service menus and

providers

o JIPS kids receive services with delinquent kids

o CHIPS kids receive services with CHIPS kids

• Sanctions are available in JIPS cases

o Community service

o House arrest

• The capacity of the Parents?

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COMMON MISUNDERSTANDINGS

ABOUT CHIPS/JIPS• Parents cannot resign

• Kids cannot be held in detention (with certain rare

exceptions)or locked up in another facility

• A court order will not insure that a youth will comply

• Out of home placement is not a cure allo Parents lose control over the child’s whereabouts and treatment

o Kids are placed with other troubled kids

o Kids who runaway from home can also run away from placements

• Questions can be raised about the quality of

parenting

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PROCESS – WHAT IS FISS?

• Family Intervention and Support Services

• Provides assessments for parents who have concerns regarding the behavior of their child who is over 12 and a resident of Milwaukee County

• Done by Wraparound under contract with BMCW & DCSD

• There can be no pending CHIPS or delinquencies

• The family is not receiving services voluntarily

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PAUSE FOR

ATTENDANCE

CODE

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WHAT FISS DOES• FISS assesses the needs of the family

• FISS attempts to serve family without court

involvemento Referral to community resources

o Wraparound REACH Program

o FISS services

• FISS is a mandatory reporter

• FISS assessment is required before a parent is

permitted to file a pro se petitiono Petitions can be filed by attorneys for parents

o Such petitions are rare

FISS REFERRAL• After services are attempted and unsuccessful or

deemed not appropriate, FISS makes a referral to

the appropriate agency

• The agency reflects FISS opinion about which

agency is appropriate service provider

• Human Service Worker or Access Specialist meet

with parent and again offer services

• If parent wants to file, goes through CHIPS JIPS

checklist

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CHIPS/JIPS CHECKLIST• Meet promptly with parent and child, if possible

• Confirm FISS assessment(s)

• Provide parent with petition form(s)o Only one if parent agrees with FISS assessment

o Both if parent does not

• Explains that preparation of petition is parent’s

responsibilityo Provides information only, not advice

• Reviews the completed petition for completeness

• Advises parent on how to file

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THIS IS WHERE YOU COME IN

• When parents have questions that require legal

advice, the HSW and AS will refer the parent to MJC

• Whether to file or accept informal services

• Which petition to file – Ch 48 v Ch 938

• How to complete the formo Something must be in every applicable box

o Inclusion of statute numbers is required

• Insure attachment of FISS assessments

• Explanation about the filing and service

• Inform about court process

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COMPLETING THE PETITION

• All FISS assessments must be attached to the petition

• Every applicable space must be completed

• SOME SIMPLIFICATION OPPORTUNITIES

• Item 2 on the petitions ask for the applicable statute sections

• 48.13(4) if CHIPS

• 938.13(4) (6) or (7) if JIPS

• Truancy from school requires compliance with 118.16finding

• Warn parents that reconciliation efforts have been made and failed if truant from home

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FILING THE PETITION

• Parent must take the petition and the

checklist to the Clerk of Circuit Court’s office

at the Vel R. Phillips Juvenile Justice Center

at 10201 West Watertown Plank Road, Room

1530 for filing.

• Petition will not be accepted for filing

without:

• FISS assessments

• Original signed checklist.18

WHAT THE CLERK OF CIRCUIT COURT WILL DO

• File the petition

• Set a date for a hearing on the petition

• Prepare a summons

• Make 6 copies of the summons and petition

• Give 3 copies to the parent for service on the

child and other parent

• Give service information and an affidavit of

service

• Serve the agency responsible and the public

defender for appointment of counsel

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SERVICE• Complicated

• Personal Service should be made on the child

• Statutes are complexo 48.27 & 938.27 says alleged fathers must be served

• Mail notice is permitted, but personal service is

required if person fails to appear

• certified mail notice to last known address is

required if personal service is “impracticable”

• Affidavit of Service required

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PAUSE FOR

ATTENDANCE

CODE

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WHAT WILL HAPPEN IN COURT

• Court will confirm service

• Court will determine the position of the parties

• Court may set the matter over but eventually will rule on

the petition. Some options:

o Dismiss as not legally sufficient

o Grant jurisdiction under the statute sought by the parent

o Grant jurisdiction under the other section of the statute

• The Court may appoint counsel for parent

• Court will set the matter for disposition

• Agency rep must prepare a proposed Dispositional order

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