Children in Need of Supervision (CINS)

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What is meant by Children in Need of Supervision (CINS)?

Under Maryland law a “Child in Need of Supervision” is defined as a child who requires guidance, treatment, or rehabilitation based on behavior under one of the following categories:

  1. Must legally go to school, but routinely does not, or
  2. Regularly cannot be controlled by the child’s parents, guardians, or custodians, or
  3. Acts in a way that is dangerous to self or others, or
  4. Has committed an offense applicable only to children.

Children in need of supervision are determined to have committed juvenile-specific crimes. Juvenile-specific crimes include acts such as truancy, running away from home, violating curfew laws, posing a danger to themselves or others, disobedience, and ungovernable behavior.

Juvenile-specific crimes are offenses that, if committed by adults, would not be crimes. As such, these cases are different from juvenile delinquency cases. Juvenile delinquency cases involve children who have committed offenses that would be considered crimes if committed by adults. Learn more about Juvenile Delinquency.

Read the Law: Md. Code, Courts & Judicial Proceedings, § 3-8A-01(e)

 

Steps in a CINS Case

Complaint or Citation: 

A CINS case begins when a complaint or citation involving the child is filed with the Department of Juvenile Services (DJS). A CINS complaint typically comes from a person or agency and alleges that the child has committed juvenile-specific crimes. A citation comes from a law enforcement officer. 

Intake Inquiry

Within 25 days of receiving a complaint or citation, an intake officer at DJS must conduct an inquiry to determine whether juvenile court is the appropriate jurisdiction and whether court action is in the best interests of the public and the child. The intake officer will review the CINS complaint and may schedule a meeting with the youth and their parent, guardian or custodian to discuss appropriate interventions and services to address the underlying problem.

At the conclusion of the inquiry, the intake officer will either:

  • Decline the CINS complaint. 
    • DJS may still refer the youth to services as appropriate;
  • Resolve the complaint and refer the youth to appropriate services;
  • Enter into a Pre-court Supervision Agreement where the youth and family agree to certain conditions, including participation in treatment services, without court involvement;
  • File a petition with the juvenile court if there has been a failure of community-based interventions and the most appropriate service is only available through juvenile court.

Read the Law: Md. Code, Courts and Judicial Proceedings. § 3-8A-10

 

Petition

If the intake officer determines that court intervention is needed, the officer will file a CINS petition in the court in the county in which the child resides.   The petition should present, in clear and simple language, the facts that constitute the alleged need for supervision.  The petition should include dates of the alleged acts and any law(s) allegedly violated by the child. Witnesses who will be called to testify in support of the petition will also be named in the petition. 

Read the Law: Md. Code, Courts & Judicial Proceedings §§ 3-8A-08, 3-8A-13, 3-8A-18
Read the Rule: Md. Rules, Rule 11-502(h)

 

Adjudicatory Hearing: 

If the DJS intake officer decides to file a petition with the court. the court will hold a hearing to decide if the facts claimed in the petition are true. This hearing, known as an adjudicatory hearing, must be held within 60 days of filing of the filing the petition. At the hearing, both sides can present evidence and witnesses. 

In CINS cases, the government agency presenting evidence to support the petition only needs to prove that it is more likely than not that the facts claimed in the petition are true. (This standard of proof is called the “preponderance of the evidence” standard and is common in civil cases.) The agency does not need to prove the facts “beyond a reasonable doubt” (the usual criminal standard that is used in juvenile delinquency cases). 

In a delinquency case, a child can assert the 5th Amendment right to speak or to remain silent, and this silence cannot be held against the child – but in Child in Need of Supervision cases, the 5th Amendment does not apply, and the child can be required to speak.

After both sides have presented evidence and witnesses, the judge will determine whether the allegations in the petition have been proven and issue an order.  The order will indicate whether the allegations have been proven and the grounds on which the judge’s finding is based.

Read the law: Md. Code, Courts and Judicial Proceedings, § 3-8A-18.
Read the Rule: Md. Rules, Rule 11-502(q)

 

Disposition Hearing and Order

If the court decides that the facts in the petition are true, the court will hold a “disposition hearing” to determine what action the court should take. The disposition hearing may be held on the same day as the adjudicatory hearing. At this stage, the judge determines what kind of guidance, treatment, or rehabilitation services would benefit the child and address their needs. The court may determine that:

  1. the child needs formal supervision by DJS,
  2. the child needs informal supervision by the DJS for a limited time (called “informal adjustment”), or
  3. no action is necessary.

If formal or informal supervision is deemed necessary, the court may:

  • place the child on probation or under supervision in the child’s own home, in the custody or under the guardianship of a relative or other fit person, or community detention;
  • commit the child to the custody or guardianship of the DJS or another agency; or
  • order the child or the child’s parents, guardian, or custodian to participate in rehabilitative services that are in the best interest of the child and the family.

The child and their family are typically connected with a local case manager who will coordinate these services.

Read the Law: Md. Code, Courts & Judicial Proceedings §§ 3-8A-10, 3-8A-19, and 3-8A-22
Read the Rule: Md. Rules, Rule 11-502(s)

 

Shelter Care

A child alleged to be a CINS may not be placed in detention or in a state mental health facility. A CINS may be placed in shelter care (a non-secure community group or foster home) or in a private home or shelter care facility approved by the court.

Read the law: Md. Code, Courts and Judicial Proceedings, § 3-8A-15
Read the Rule: Md. Rules, 11-502(f), 11-406

 

Rights During a CINS Case

When a petition is filed in juvenile court alleging a child is in need of supervision, the child has a right to the assistance of counsel. In a CINS case, a child has the right to call witnesses on their behalf and cross-examine witnesses. Even if a child does not intend to contest any allegations in the petition, their counsel is valuable in helping present material and obtaining a more favorable disposition.

If, at any time during the CINS proceedings, the Court determines that the rights of a child require independent representation, the court may appoint an attorney or advocate to represent the child’s interests.

Read the Law: Md. Code, Courts & Judicial Proceedings §§ 3-8A-20, 3-8A-32
Read the Rule: Md. Rules, 11-404, 11-502 

 

Restitution

Restitution is not available in a Child in Need of Supervision case, but the court may issue an order controlling conduct, i.e., to order parents to participate in counseling; violation of the order may be punishable by contempt. 

Read the Law: Md. Code, Courts & Judicial Proceedings §§ 3-8A-26 and 3-8A-28

Child Welfare – A 3-Part Series from the Maryland Courts

Child Welfare - The Court's Role from the Maryland Courts

Child Welfare - Hearings from the Maryland Courts

Child Welfare - People You Will Meet from the Maryland Courts

Source
PLL Contributors; Updated by Web Services Librarian.
Source URL: https://peoples-law.com/children-need-supervision-cins

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