A CINS petition is a formal written request to the court to find that your child is a CINS. A CINS petition is usually filed if the child refuses services or continues to show problem behaviors. The CINS petition may be filed in court, only as a last resort after voluntary services have been offered and have not been enough to resolve the child’s behavior. The local DJJ attorney will file a CINS petition, if recommended by the Case Staffing Committee, and if the child meets the legal definition of a CINS.
If you, as a parent, do not participate, do not allow your child to participate or you allow your child to ignore the services in this plan, you may be ordered to participate in family counseling and other services, and insure your child attends school as part of the CINS Court’s orders. If you fail to abide by court orders, you may be held in contempt of court. You, as a parent or legal guardian, can also file a CINS petition with the court if:
- The local program will not hold a case staffing after having received your written request for a case staffing, and/or
- The local program does not schedule a case staffing within seven days of receiving your written request, and/or
- You do not agree with the service plan made by the Case Staffing Committee, and/or
- The local program has not given you a report of the reason to recommend or decline a petition within seven days after the case staffing and/or
- The DJJ waives the statutory requirement for the Case Staffing Committee to meet.
If you wish to file your own CINS petition, the law requires that you let the local DJJ attorney know, in writing, of your wish to file a petition. If you fail to do so, the court may automatically dismiss your petition.
In your CINS petition which must be signed under oath, you must show that you have participated in and tried voluntary services that have been offered and that the services were not enough to help you and your child resolve your problems. Filing a CINS petition is not a way to get emergency mental health services or substance abuse services for your child.
A CINS Court does not have the power to force a school to provide special services for your child, or to force the Department of Children and Families to provide services. If you need help with these types of services, talk with your CINS/FINS counselor and they can refer you to agencies that can assist you. The CINS Court will require the child and family to participate in services provided by either the CINS/FINS provider, or within the community. The parent, guardian or legal custodian will be financially responsible either out-of-pocket or through insurance to pay for community services. Many services are available on a “sliding scale” based on the family’s ability to pay.