New York City Family Court Person in Need of Supervision (PINS)

A child under the age of 18 who does not attend school or behaves in a way that is dangerous or out of control, or often disobeys his or her parents, guardians or other authorities, may be found to be a Person In Need of Supervision or "PINS". All PINS proceedings are heard in Family Court. There is a possibility that the PINS proceeding could be settled outside of court through the Family Assessment Program (F.A.P.) that is run by the Administration for Children's Services (ACS) and the NYC Department of Probation.

The Family Assessment Program (FAP) was created to offer information and assistance to help families make well-informed decisions about how to resolve problems and concerns without placing children in foster care through a Persons In Need of Supervision (PINS) petition. All families who request PINS services will first be seen by the Family Court Assessment Program social work staff.

Get more specific information about the F.A.P. program

A private attorney may be hired to represent the child or the court will assign an attorney. The child's attorney is called an "Attorney for Child."

CourtHelp - Lawyers & Legal Help

A PINS petition may be filed in Family Court by a parent or other person legally responsible for the care of the child, by a peace officer or police officer, by a person who has been injured by a child, or by a school or other authorized agency. The PINS petition contains a description of the child's behavior and asks the court to find that the child is in need of supervision. The petition and a summons must be given to the child and his or her parent, directing them to appear in Family Court on a specific date.

There are no filing fees in Family Court.

The complaining party presents the case at the hearing by testifying about the child's behavior. Sometimes the judge assigns a lawyer to represent the complaining party at the hearing, or the complaining party may hire an attorney.

If the court finds that the PINS child should not be released to the custody of his or her parent or guardian while waiting for the fact-finding hearing, the court cannot hold the child in a secure facility. If it appears that a PINS respondent might fail to appear for a scheduled court date, or is at risk of committing an act which would be a crime if committed by an adult, the court may place the child with a relative or other person willing and able to take responsibility for the child or hold the child in a non-secure facility.

In a PINS case, the trial is called a "fact-finding hearing". The parties may testify and present witnesses and evidence.

If the judge decides that the child committed the acts described in the petition, the judge sets a date for a "dispositional hearing". The court may order the Probation Department to prepare a report concerning the child's general behavior, home life and school attendance and behavior, and may order an evaluation by the city's Mental Health Services.

At the dispositional hearing, information is presented to the court to help the judge decide whether the child is a person in need of supervision - a PINS. Witnesses with information about the child testify and present evidence.

If the judge decides that the child does not need supervision or treatment, the judge may dismiss the case. If the child does need supervision or treatment, the judge can choose one of the following options:

1. Warning and discharge
   The judge may decide that no further court involvement is needed and discharge the case with a warning to the child.
    
2. Suspended judgment
   The judge may pause the case for a set period of time and require the child to follow certain rules or participate in services. If the child follows the rules, the case may be dismissed.
    
3. Placement outside the home
   In some cases, the judge may place the child in foster care or another approved placement. This usually happens only if the court decides the child cannot safely remain at home. Children who are 16 or older generally cannot be placed unless the court finds special circumstances.
    
4. Probation
   The judge may place the child on probation. This means the child remains at home but must follow certain conditions and may be required to participate in services or programs.

In some cases, the court may also order the child to participate in an education reform program.

If the court finds that the child is not obeying the terms of the court's order, the probation officer or placement agency may file a violation petition, and a new dispositional hearing may be held. If the violation is proven, the court may change its order to any order it could have issued at the original dispositional hearing.