CHIILDREN IN NEED OF SERVICES ACTIONS (CHINS)

CHINS actions involve claims that a child has been abused or neglected.  Our attorneys have considerable experience in the “child welfare” system and are prepared to assist parents and guardians who have been named as defendants in a CHINS petition.   We also help foster parents who want to insure that their interests, as well as the interests of the children placed with them, are considered during these complicated legal proceedings.

Being a parent is the most difficult job on earth. We can help you when something goes wrong.

Any person who believes that a minor child is being abused or neglected has a duty to report to government authorities the suspected abuse or neglect.  The government then has an obligation to investigate the allegation.  If the government determines that a child’s physical or mental health is seriously endangered, the government can initiate a Child In Need of Services (CHINS) action.  The prosecuting attorney or attorney for the county Department of Children’s Services (DCS) is responsible for filing the CHINS petition in juvenile court.  Under certain circumstances, DCS may detain a child prior to the filing of a CHINS petition while suspected abuse or neglect is investigated.

Once a CHINS petition is filed, the juvenile court will hold an initial hearing and will appoint a Guardian Ad Ltiem (“GAL” ) or Court Appointed Special Advocate (“CASA”) to represent the child’s interests in the CHINS proceeding.  At the initial hearing, a parent or guardian accused of abusing or neglecting a child can either admit the allegations in the CHINS petition or deny them.

If a parent admits the allegations, a finding that the child is in need of services is entered and DCS begins working with the parent to provide services that can benefit the family.  The order setting out the service the family is to complete is called a “disposition.”  While services are being completed, a child can be placed with the parent, with a relative caregiver, or with a foster family.  If services are successfully completed, the child is reunified with his or her parents.

If a parent denies the allegations of the CHINS petition, the juvenile court will hold a “fact-finding” hearing to determine if the allegations in the CHINS petition are true.  At this hearing, the child’s parent or legal guardian will have an opportunity to defend against the allegations of abuse or neglect.  If the court finds that the allegations are true, the court then will hold a “dispositional” hearing, at which the court will consider options and recommendations for the plan of care and treatment of the child, and any services for the child’s parent or guardian.

Indiana law requires the juvenile court to conduct regular hearings while a CHINS case pends.  If a parent or guardian does not successfully complete services, DCS may petition to terminate that parent’s rights.  If a child remains out of the care and custody of a parent for certain time frames, DCS is required to petition for termination of parental rights.

CHINS proceedings are complex and can be emotionally exhausting.  Our attorneys have successfully represented parents and guardians in these proceedings and are prepared to assist those who have been named as a defendant in a CHINS action.