Have you ever heard the term “Person in Need of Supervision” or PINS? In New York, the court system commonly labels children with this expression when they are still minors and require guidance. A person in this situation legally needs a designated legal guardian to protect them and provide direction. This article will illuminate some of the details surrounding PINS and how it may relate to your circumstance.
How to Be Considered a PINS in New York
The law in New York considers someone as a PINS if they meet the following criteria:
- Under the age of 18
- Behaves in a dangerous or out-of-control manner
- Does not go to school
- Requires treatment or supervision
- Suspected of using drugs
- Routinely disobeys their guardian or parents
All New York PINS hearings happen in family court, where the court will require you to file a petition to acquire supervision of the child.
Who Can File the Petition?
Any of the following people can file a legal petition for PINS in New York:
- The child’s parent
- The person who has lawful care of the child
- Anyone caused injury due to the child’s actions
- The school where the child studies
- Any other authorized agency
The petition you file with the family court in New York must have a description of the poor behaviors of the child leading to this situation.
The Dispositional Hearing
After you issue the petition in family court, the person who filed the petition can testify about the behavior of the child in question. The complainant will also need to provide evidence that supports the reasons for the request. Witnesses will be able to testify during this hearing for both sides of the case. Should the judge decide that there is enough evidence to support the claims made by the complainant, he or she will schedule the dispositional hearing. Witnesses will testify again at this hearing to show that the child requires supervision moving forward.
The Next Steps
After the dispositional hearing, the judge will determine whether the child needs supervision. If the judge orders supervision, he or she could send the child to treatment or a foster home. The judge also can send the child home under the regulation of a probation officer. An interested party may file a violation petition if the child disobeys the order issued by the judge.
Headed for a PINS Hearing? Let a Family Law Attorney Aid Your Case
If you are seeking a court order for a Person in Need of Supervision, you should do so with the assistance of an experienced family law attorney in New York. This case is a serious legal matter that you should not take lightly. Call the office of Brian D. Perskin & Associates P.C. at 718-875-7584 to schedule a free initial consultation and secure a cohesive attorney team in your corner that will get you results.