Children in Need of Services
Anyone can make a report to the Indiana Department of Child Services (DCS) that they suspect you of child abuse or neglect. Even if the allegations are false you can still face serious consequences, including child removal. It is important to hire an attorney to defend yourself in these cases.
What is a CHINS Case
If DCS believes there was abuse or neglect involving your child, they can file what is known as a CHINS proceeding. A "Child in Need of Services," or CHINS, is a child under the age of eighteen who is neglected or abused, and who is not getting care or treatment that the child needs. DCS’s goal in this type of case is to protect and care for the child. They may remove your child or take other actions that impact your family.
The common issue with a CHINS case is that DCS may not have conducted a thorough investigation and they are missing important information. So your child may have been removed without DCS knowing all the facts. This is where it is important to have an attorney represent you. It will be up to your attorney to help you navigate the process and find out all the facts that were missed by DCS and present this information in court.
Once DCS is involved you will work with a case manager who provides you with information about your child and the case. The case manager may also suggest services that you could do that could help in the return of your child. Services can include things such as random drug screens, home based therapy, or substance abuse treatment. Your attorney can help you determine what services should be performed on a voluntary basis. However, your attorney may also suggest that there are services you should not do on a voluntary basis. These cases often involve strategic cooperation and negotiation as to what needs to happen.
Children In Need of Services: A Legal Guide for Parents Needing Help
Common Issues in a DCS Case.
Dealing with an open DCS case is never easy. Your kids may be removed from your care or you are dealing with a case managers investigating your home and invading your personal life. Some of the common issues we at the start of a DCS case are:
Wrong Information. The investigation is based on wrong facts or DCS drew wrong conclusions and your story is different that what you are seeing alleged in the CHINS petition.
Placement Issues. Your children have been removed and are in a foster placement when there is family ready and available who they can be with instead. Or if your child is placed with family, you need help figuring out what it takes to get your child home.
Responsiveness . You are trying to get more information from DCS and they are unresponsive or you are getting nowhere.
Services. You have been asked to start taking part in services but none of them have started yet, or in the alternative maybe you are being asked to do things that don’t necessarily make sense.
How an attorney can help.
If you are facing any the above issues an attorney can get involved and help guide you through the process. There are a lot of people involved - the Judge, the Case Manager, the DCS Attorney, a guardian ad litem, the placement family, and service providers. You need an advocate who can get involved and help connect and manage the information coming from all of these different people.
CHINS Process
Step 1 - Investigation
DCS must investigate reports of abuse and neglect. The time period when the investigation happens varies but it typically happens within 24 hours from when the report of child abuse is made. The report looks into (1)the nature, extent, and cause of the known or suspected child abuse or neglect, (2) The identity of the person allegedly responsible for the child abuse or neglect, (3) The names and conditions of other children in the home, (4) An evaluation of the parent, guardian, custodian, or person responsible for the care of the child, (5) The home environment and the relationship of the child to the parent, guardian, or custodian or other persons responsible for the child’s care, and (6) All other data considered pertinent. After the investigation the initial report must be substantiated or unsubstantiated.
Step 2 - Preliminary Inquiry
If DCS thinks the child is a Child in Need of Services then they shall make a preliminary inquiry to determine whether the interests of the child require further action. This is a written document that typically includes information found in the investigation and makes recommendations on what DCS wants to do in the case. Typically one of three things happen: (1) the case is dismissed, (2) they recommend an informal adjustment where the parent agrees to a plan
Step 3 - CHINS Petition & Initial Hearing.
The CHINS Petition is the document that opens the CHINS case. It contains a concise statement of the facts upon which the allegations are based. It is important to get a copy of this document so you can review the allegations. The Court will also hold an initial hearing which needs to be held within ten days of when the CHINS Petition was filed. In this hearing the judge will review the allegations and your rights and will typically enter a denial on your behalf.
Step 4 - Removal Hearing (if children removed)
DCS may remove children from homes. They can remove a child from a home without a court order if (1) it appears that the child’s physical or mental condition will be seriously impaired or seriously endangered if the child is not immediately taken into custody; (2) There is not a reasonable opportunity to obtain an order of the court; and(3) Consideration for the safety of the child precludes the. immediate use of family services to prevent removal of the child. If your child is removed you must received prompt notice of the removal and a hearing must be set within two (2) days(excluding Saturdays and Sundays) of the removal.
Step 5 - Mediation/Settlement Conference.
Most counties require that the parties complete a mediation or settlement conference sometime after the initial hearing. This is an opportunity for all the parties to meet and review the case to see if they can come to n agreement on all of the issues in the case. An example would reaching an agreement to complete certain services or conditions while DCS returns the child to your home for a trial period.
Step 6 - Fact Finding
The trial in a CHINS case is known as a fact finding. The hearing must be held within sixty (60) days of the of filing the petition. This sixty day deadline can be extended by another sixty (60) days if the parties consent to the extension. A CHINS proceeding is a civil action and the preponderance of evidence which means the standard of proof is just more than 50%. The CHINS finding must be based on current conditions at the time of the. hearing, which is why it is important to to start being proactive at the start of the case to fix any issues in your control.
Step 7 - Dispositional Hearing
The court will hold a dispositional hearing if your child is found to be a CHINS. Before this hearing a report will be prepared that contains a: (1) Statement of the needs of the child for care, treatment, rehabilitation, or placement; and (2) Recommendation for the care, treatment, rehabilitation, or placement of the child. You will want to be sure you obtain a copy of this report. DCS will also file a Petition for Parental Participation which is the plan that will to assist the parent in regaining custody of the child. Ultimately the dispositional hearing will let the parent know what the court wants to see done to have the child returned and the case closed.
Ready to Get Started?
We are ready to help out with your CHINS case today.
Indiana CHINS Defense
We represent people who are facing a CHINS case in Indiana. This includes representation from investigation and removal to the fact finding and dispositional hearing.
FAQs
How do I get started?
Send an email to nathan@nathanvining.com to let us know you’d like to get started and we will send you everything you need to fill out and start the process! You an also schedule a call through the link at the bottom of the page.
Does it matter where I live?
We practice throughout the State of Indiana and can help you no matter where you are. The process we follow is the same no matter where you live.
How long does the process take?
The timeline can vary depending on several factors. With a CHINS case you have a right to a fact finding within 60 days. That deadline can be extended to 120 days if you agree to the extension.
Call or Text for Consultation.
You may have questions for us and we will have questions for you. Our goal is to understand your whole story so that we can give you the answers you’re looking for. Through a consultation with our firm you will receive information about what laws impact your situation, what you can be proactively doing to make a difference in your case, as well as what you can expect through the court process. You can call or text us now at (317) 279-5668 to talk to an attorney. You can also schedule a meeting at a time that works for you.
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