NCJ Number
99364
Journal
Criminal Justice Ethics Volume: 4 Issue: 1 Dated: (Winter/Spring 1985) Pages: 19-38
Date Published
1985
Length
20 pages
Annotation
Using materials from some of his own cases, a New York Family Court judge argues for a continued court role in resolving parent-child conflicts and for designating such cases as families, rather than persons, in need of supervision.
Abstract
While some have argued that the court not be given jurisdiction over persons in need of supervision (PINS) cases, there are many roles a concerned judge can play in addressing the serious social issues often involved. First, the judge can intervene in out-of-home placements, ensuring that placement is appropriate and that the potential for institutional abuse is ameliorated. Further, in New York, the Family Court Act makes it possible for the judge to order the cooperation of officials and organizations in providing necessary services for PINS and their families that otherwise would not have been obtained. The act also permits the judge to issue an order of protection in behalf of PINS. Such orders can be used to protect the child's right to free exercise of religion or to make health care decisions and can also force parents to cooperate in counseling or refrain from certain behaviors. Thus, the powers of the court can provide a much swifter and surer method of resolving intrafamily disputes and providing family support than can traditional social services networks or other diversionary schemes. Finally, an examination of cases reveals that many PINS come from families with serious problems of which the use of a judicial forum to settle conflict is only a symptom. There is often evidence of parental alcoholism, abuse, or neglect. The concept of families in need of supervision can provide fresh opportunities and better define the court's role in providing substantive assisstance to families in trouble. Included are 38 footnotes.