Filing a Child's Criminal Injuries Claim

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Filing a Child's Criminal Injuries Claim

  1. 1. Criminal Injuries Compensation For Child Victims Forms and information about filing Criminal Injuries Compensation for Children who are victims of crime.This information is written to help children who are in state custody. However, these forms maybe used by any parent, or legal guardian, who is applying on behalf of any minor child who hasbeen a victim of abuse or other personal crime.The following pages are adapted from the manual, “Legal Advocacy in Child Dependency andParental Rights Cases,” prepared by the Legal Division of the Tennessee Department of Children’sServices.1Victim Assistance & Advocacy ProjectWest Tennessee Legal Services, Inc.1 http://www.tncourts.gov/sites/default/files/docs/lawyers_advocacy_manual.pdf, last viewed Nov. 13, 2012.
  2. 2. VICTIM’S COMPENSATION FOR CHILDREN YOUR CHILD MAY BE ELIGIBLE!*Criminal Injury Compensation in TNUnder TN law, victims of crimes may be eligible for monetary compensation from the state’s CriminalInjury Compensation Fund and attorney’s fees may be paid to attorneys representing the claimant. (SeeT.C.A. Title 29, Chapter 13)• Children can be eligible for compensation both as victims of crime and as dependents of crimevictims. If the child is the actual victim, the statute of limitations does not begin to run until the childreaches the age of 18.PLEASE REFER TO T.C.A. Title 29, Chapter 13, TO DETERMINE IF YOUR CHILD IS ELIGIBLE FORVICTIM’S COMPENSATION.If You Think Your Child is Eligible:• File an application for Criminal Injury Compensation on behalf of your Child with the ClaimsAdministration of the state Treasury Department. The forms, instructions and frequently asked questionscan be found on the website: www.treasury.state.tn.us/injuryTips for Filing a Victim’s Compensation Claim for a Child:• The parent or legal guardian must sign the application as claimant for a minor victim, pursuant to TCA29-13-102(b).• If a child is in state custody and the parent or guardian is unavailable, a representative of DCS cansign as the claimant and their social security number will not be required.• The guardian ad litem cannot sign the application as the claimant.• There is no requirement for conviction or adjudication of the perpetrator in order for the victim tobe eligible for compensation.If Your Child’s Application is Approved:• You will receive a letter from the Claims Administration containing instructions on how toproceed once you have received your Child’s compensation check.o This packet contains sample copies of: (1) a petition to establish a trust fund, (2) an orderto establish a trust fund, (3) a motion to encroach, and (4) an order to encroach.• If an attorney helped you, he or she can file a claim for attorney’s fees with the Claims Administration.*Prepared by the Legal Division of the Tennessee Department of Children’s Services.This information sheet should not be used as a substitute for reading the statute governing criminal injurycompensation, T.C.A. Title 29, Chapter 13. If you have any questions regarding Criminal InjuryCompensation please refer to the website listed above or call the Claims Division at 615.741.2734.
  3. 3. Examples of cases where child victims have received victim’s compensation:*Scenario 1Child is now 12 and the the Guardian-ad-Litem (GAL) learns about disclosure of past abuse while goingthrough DCS file. At age 8 the child disclosed sexual abuse by two men, known only as Uncle Dave andUncle Ron, that happened when she was four years old. GAL files two separate victim’s compensationclaims (because there were two perpetrators) for pain and suffering. Since there is documentation in theDCS files, victims compensation pays the maximum award of $3,000 pain and suffering for one count ofthe claims. Claims Administration states that the abuse happened at the same time and the perpetratorsacted in concert with each other since there is no documentation otherwise. So only one claim is paid forpain and suffering due to sex abuse.Scenario 2Male child is placed in state custody for dependency and neglect at age 6. While in a foster home child israped by a teenage foster child in the same home. Child is later sexually abused on two additionaloccasions by other perpetrators in different settings. GAL learns of the abuse while reviewing the filewhen child is 15. GAL files 3 separate victims compensation claims and all are paid at maximum awardof $3,000 each for pain and suffering.Scenario 3Childs mother is killed in child’s presence by mother’s boyfriend. GAL files claim for victimcompensation based upon the death of the mother. Child is awarded $20,000.00 for pecuniary loss.Funeral home is paid for funeral expenses.Scenario 4Six year old girl is raped by her mother’s boyfriend in front of her brothers, ages 5 and 4. After the rape,boyfriend beats the boys. GAL files claims of sexual abuse on all three children stating that the boyswere victims of sexual abuse as well as their sister because they were forced to view the rape. Victimscompensation grants female child’s claim for $3,000.00 but denies that boys were victims of sexual abuse- only of physical abuse. GAL appeals decision to commissioner of claims and boys are awarded $500.00each.Scenario 5Female, age 17, alleges that her stepfather has raped her. Stepfather denies allegations but after goingthrough the Juvenile Court and criminal court process, stepfather goes on a rampage at home chasing thestepdaughter, his biological daughter and wife through the house. Stepfather finally shoots himself in thehead and kills himself on the back porch. Victims compensation is filed on the stepdaughter and she isawarded $3,000 - maximum for pain and suffering of sexual abuse, plus is reimbursed for counseling notpaid for by private insurance and for time that she missed from work due to the abuse and attendingcounseling.*Prepared by the Legal Division of the Tennessee Department of Children’s Services.
  4. 4. IN THE JUVENILE COURT OF ___________________________ COUNTY, TENNESSEEIN THE MATTER OF: ) ) _______________________________ ) DOCKET NO: )A CHILD UNDER THE AGE OF 18 YEARS )=========================================================================== PETITION TO ESTABLISH TRUST FOR BENEFIT OF THE MINOR CHILD===========================================================================Comes now the Petitioner, ____________________________________________________, (name andrelationship to the child) and would move this Honorable Court to establish a trust for the benefit of theabove captioned minor child. The Petitioner would state that the sum to be placed in the Juvenile Court Clerk’s Office is$_______________ and that this money represents a Criminal Injuries Compensation Claim awarded bythe Tennessee Claims Commission (or the Division of Claims Administration) to be used for the benefitof the minor child. The Petitioner respectfully requests that this sum be deposited by the clerk in an interest bearingaccount and that this sum or any part thereof be turned over to the minor child upon his/her reaching theage of majority or by further orders of this Court. The child’s social security number is ______________________. The child’s date of birth is____________________ and the child’s present address is___________________________________________________________________________________. Respectfully submitted, _______________________ Petitioner _________________ Address and phone number
  5. 5. OATHSTATE OF TENNESSEE, COUNTY OF _____________________________I, ____________________________________, being duly sworn according to law, make oath that thefacts stated in the foregoing Petition are true and correct to the best of my knowledge, information, andbelief._______________________________________PetitionerSworn to and subscribed before me this__________ day of____________________ , 20_____. ___________________________________________ Notary PublicMy Commission Expires: ________________________________
  6. 6. IN THE JUVENILE COURT OF ___________________________ COUNTY, TENNESSEEIN THE MATTER OF: ) ) _______________________________ ) DOCKET NO: )A CHILD UNDER THE AGE OF 18 YEARS )========================================================================== ORDER ESTABLISHING TRUST FOR THE BENEFIT OF THE MINOR CHILD========================================================================== I It appearing to the Court that a Petition has been filed to establish a trust for the minor child andthat the same was filed with the Court on ___________(date) and the sum of $_________ was tendered tothe Juvenile Court Clerk on______________(date). It is therefore ORDERED, ADJUDGED AND DECREED that a trust in the amount of$_____________ shall be established for the benefit of the above captioned minor child.It is further ORDERED, ADJUDGED, AND DECREED that these sums shall be placed in an interestbearing account by the Juvenile Court Clerk and that the account shall be placed at __________________(name of local bank) and that said sum shall be held in trust for the benefit of the minor child. It is further ORDERED, ADJUDGED, AND DECREED that said sums or any part thereof shallbe turned over to the minor child at the time he/she reaches majority and that a motion to encroach thisTrust must be filed with this Court by an appropriate individual in the event it becomes necessary toobtain these funds or any part thereof before the child reaches majority.Entered on this the ______day of _____________, 20__. __________________________________ JUDGE CERTIFICATE OF SERVICE I hereby certify that a true and exact copy of this Order was forwarded by U.S. Mail, postage prepaid, to the following persons on this the____________ day of ____________, _______________ : ________________________________________________________________________________ ________________________________________________________________________________ [List the names and addresses of each attorney/person/party noticed.]
  7. 7. IN THE JUVENILE COURT OF ___________________________ COUNTY, TENNESSEEIN THE MATTER OF: ) ) _______________________________ ) DOCKET NO: )A CHILD UNDER THE AGE OF 18 YEARS )===================================================================== MOTION TO ENCROACH===================================================================== Comes now the Petitioner,_______________________________(name and relationship to child)and would move this Honorable Court to encroach upon the corpus of the trust being held in the JuvenileCourt Clerk’s Office for the benefit of the minor child. Petitioner would state that there is currently the sum of $_____________ being held in theJuvenile Court Clerk’s Office for the benefit of the minor child and there is a current need for the amountof $____________. The specific need(s) for which funds are sought is as follows:________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________Respectfully Submitted,_____________________________________(name of person submitting)_____________________________________(address) CERTIFICATE OF SERVICE I hereby certify that a true and exact copy of this Motion was forwarded by U.S. Mail, postage prepaid, to the following persons on this the____________ day of ____________, _______________ : ______________________________________________________________________________ [List the names and addresses of each attorney/person/party noticed.] This motion shall be heard on the ______day of ________________, 20____
  8. 8. IN THE JUVENILE COURT OF ___________________________ COUNTY, TENNESSEEIN THE MATTER OF: ) ) _______________________________ ) DOCKET NO: )A CHILD UNDER THE AGE OF 18 YEARS )===================================================================== ORDER TO ENCROACH=====================================================================This cause came to be heard before the Honorable _________________, Judge for the JuvenileCourt of _________________County, Tennessee on the ______day of ____, 20__ upon the Motion toEncroach filed by _____________________.After hearing testimony from the Movant and considering the record as a whole, it was the opinion of theCourt that the Motion to Encroach should be granted /not granted. It is therefore ORDERED, ADJUDGED AND DECREED that this cause be dismissed.OR It is therefore ORDERED, ADJUDGED AND DECREED that the Petition be granted and thatthe sum of $_________ be awarded to_______________________________________ (custodian, healthcare provider, school or other appropriate payee), to be used for the following purposes:The Clerk shall disburse the funds accordingly.Entered on this the _____day of _______________20__. ____________________________________________ JUDGE CERTIFICATE OF SERVICEI hereby certify that a true and exact copy of this Order was forwarded by U.S. Mail, postage prepaid, tothe following persons on this the____________ day of ____________, _______________ :[List the names and addresses of each attorney/person/party noticed.] ________________________________________________ (Signature)

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