PINS
Persons in Need of Supervision
Person in Need of Supervision (PINS): A person younger than 18 who does not attend school in accordance with Part One of Article 65 of the New York State Education Law; is incorrigible, ungovernable, habitually disobedient and beyond the lawful control of a parent or another person legally responsible for the child's care; is beyond the control of another lawful authority; or violates Section 231.05 of the New York State Penal Law, L. 2000, c. 596, sub. Sec. 2, effective July 1, 2002.
Noncriminal complaints about the behavior of young people younger than 18 are handled by Family Court. These complaints usually involve situations such as school truancy, running away, late hours, sexual activity or repeated disobedience to legitimate authorities, including parents, guardians, schools or foster care agencies.
These matters are commonly referred to as PINS matters. The person making the complaint is the potential petitioner. The youth who is the subject of the complaint is the potential respondent.
Procedural Requirements
PINS legislation added procedural changes in 2005. A parent or school must be able to describe five instances of PINS behavior within the previous six months, including the date and time of each incident.
If a child has run away from home, file a missing-person report before coming to the Department to complete a PINS intake.
A school must demonstrate the steps it has taken to address the behavior, including the outcomes of those efforts, before an intake can be opened. This includes the resources available to the school and youth at that time.
A parent must be willing to participate in treatment designed for the child through a series of assessments. A petition will not be filed with Family Court until it is determined that available community resources have been used in an effort to address the PINS behavior.
Acting early is important. If you are experiencing difficulty with your child, seeking help sooner may provide more opportunities for assistance. Once your child reaches age 18, your ability to assist them is limited.
PINS Instructions
The following instructions are intended to help parents and schools prepare the required information. Observe the PINS behavior and document five specific incidents, including the date and time of each incident, from within the previous six months.
The incidents should not all be from the same week. Two incidents occurring on the same day will be treated as one incident.
Instructions for Parents
Complete the form with five specific incidents. Be prepared to sign an affidavit stating these allegations.
Call the Probation Department at (585) 344-2550, extension 2252, to schedule an appointment. Bring a government-issued photo ID, such as a driver's license, so the affidavit can be notarized.
What Parents Should Expect
- Participate in a family assessment
- Make every attempt to resolve the issues using available community resources
- Seek legal counsel where applicable
- Be financially responsible for the child's care if the child is placed outside the home. Parents could be assessed up to 17% of their income.
Instructions for Schools
In addition to documenting five specific incidents, schools must describe the steps taken to improve the student's attendance or conduct using the school resources on file with the Probation Department. An attachment is available for providing this information.
How the Diversion Process Works
- Assessments and case plans will be developed to address identified needs.
- Parents and the respondent are expected to participate in the diversion process. If either party fails to contribute to resolving the issues, Family Court may be petitioned for an Order of Protection directing that party to participate.
- Community resources will be used to assist the family in identified areas of need.
- A petition may be filed only after it has been determined that there is no substantial likelihood that the youth or parents would benefit from further diversion attempts.
Community Resources
Criminal Complaints
A child's behavior may warrant contacting the local police agency. This may include physical assault or theft.
School Assistance
If problems are also occurring at school, parents may request assistance from the school the child attends.
Counseling Services
Public and private agencies, as well as individual professionals, may be able to provide assistance. Consult local service listings for available providers.
Social Services
Call the Genesee County Department of Social Services at (585) 344-2580, extension 6487, for information about services that may benefit your family.
Drug and Alcohol Use
Consult local service listings for agencies and professionals who provide substance-use services.
Faith Communities
Local churches, synagogues and other faith communities may also be able to provide support.