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(Child In Need of Services and Termination of Parental Rights)
There is no right more personal and precious than parenting our children. An investigation by DCS can be terrifying, and frustrating. Whether by pre-filing negotiation, post-filing settlement, or trial, Iosue Law can guide you through such investigations, and defend your parental rights in a CHINS case. To get more help understanding the Indiana CHINS timeline and knowing your parental rights when dealing with DCS in Indiana, reach out to Iosue Law today for a free consultation.
Initial DCS Investigation and Indiana CHINS timeline
When a report of abuse or neglect is reported, the Department of Child Services (“DCS”) will evaluate the report. Some reports are closed very quickly, but in other cases, DCS Investigators may interview you, your child, those living in your home, and others. After such an investigation, DCS will determine if the report of abuse or neglect has been substantiated. If DCS cannot substantiate the report, then it will close the case. DCS may however, provide the family with resources for respite care, guardianship, and other support to assist a family in crisis. If DCS does substantiate the report, it may continue investigating the matter, offer the family voluntary service referral agreement, called an Informal Adjustment, in which the family agrees to participate and complete services as recommended by DCS, or may request permission from the court to file a Petition alleging that the child is in need of services that the parents cannot or will not provide without the coercive intervention of the court.
Informal Adjustment
If after an initial investigation, DCS determines that a report of abuse or neglect is substantiated, it may offer the family an opportunity to enter into services voluntarily, through an Informal Adjustment. DCS agrees to assess the family’s needs, and to provide services to the family. The family, likewise, agrees to participate and complete those services. If the family fails complete the services, DCS may revoke the agreement, and request permission from the court to file a petition alleging the child is in need of services (“CHINS Petition”).
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What is a CHINS Petition?
When a CHINS Petition is filed, DCS is alleging that the child is in need of services that the parents are unable or unwilling to provide without the coercive intervention of the state.
The bases for such allegations include, but are not limited to the following:
Failing to provide necessary food, shelter, clothing, medical care, education or supervision
Failing to maintain a home free from substance abuse
Failing to maintain a home free from domestic violence
The child is a victim of certain criminal offenses
The child lives in the same home as someone charged with certain offenses
The child is endangering their own health
The child is born with fetal alcohol syndrome, or neonatal abstinence syndrome, or with certain drugs in their body
After the filing of a CHINS petition, the court will hold an Initial Hearing and inform the responding parents of their rights, including the right to counsel. The court will also assign the child a Guardian Ad Litem (“GAL”) to represent his or her rights. The court may require the responding parents to comply with certain orders, such as providing random drug screens, attend classes to prevent domestic violence. If the child has been removed from the home, the court may grant the parents visitation rights, but place conditions upon such visitation such as the presence of supervisor, or the delineating the place of the visitation.
After the initial hearing, DCS will assign the family a Family Case Manager. Other service providers may also be involved, such as Home Based Case Manager to help in life skills, Parenting Coaches, Therapists, and addiction recovery services. You may be required, or certainly expected to, participate in these services.
Your case will progress like other court cases – with mediation, settlement negotiation, or trial. All these matters are confidential. There is no jury, just a judge. You may settle your case for an agreed disposition, and with agreed terms, or you may set your cases for trial. At a trial, DCS will have to prove that your child is in need of services that you are unable, or unwilling to provide, unless the court intervenes. Like other trials, each party may present evidence through witness testimony or other documents, and each party has the right to cross examine such witnesses. An experienced litigator can make the difference in maintaining your bond with your children.
Disposition and Permanency
If the court finds that your child is a Child in Need of Services, the court will hold a Disposition Hearing.
A Disposition Hearing is similar to a sentencing in criminal cases, in which the court issues its order regarding the wardship, guardianship, custody, and placement of your children. You may be required to comply with certain orders of the court, such as those listed above. The court will also hold periodic review, or compliance hearings, to determine if the coercive action of the state is still necessary for your child’s needs to be met. The court will also address a plan for permanency – whether your family will be reunited, whether another adult should obtain guardianship of your child, or whether another family should adopt your child.
Parents have rights during this process, such as demanding that the required services are actually offered, or that visitations occur. Oftentimes, families find the services provided by DCS are helpful, and make them better parents, and better co-parenting partners. Sometimes, though, parents can become frustrated, when caseworkers, therapists, or visit facilitators suddenly change. An attorney will advocate for you, help you navigate the confusing and time demanding process of the DCS system.
Termination of Parental Rights in Indiana
Certain circumstances may trigger DCS to petition the court to terminate your parental rights, such as:
The child has been removed from your home for six months, and has been removed from your home for 15 of the preceding 22 months
Your child has been adjudicated to be a CHINS on two separate occasions
There is a reasonable probability that the conditions that resulted in the child’s removal from your home will not be remedied
There is a reasonable probability that continuing the child-parental relationship poses a threat to the child’s well-being
Like a CHINS case, parents have legal rights in TPR matters, such a right to counsel. Parents can agree to the termination, or they may contest it, and force the state to prove that termination of the parent-child relationship is in the best interests of the child. These hearings, too, are confidential, and only heard by a judge.
The relationship with your child may be the most sacred of all relationships. You need an attorney who will argue for your interests, and try to preserve your relationship with your child.
About Laura Iosue
Laura Iosue (pronounced “YAHZ-way“) is an Indianapolis-based CHINS lawyer focused on CHINS cases in Indiana, dealing with TPR trials, and more. Laura puts focused attention and care into every case, going far beyond her clients’ expectations. Use the form below and reach out today for a free consultation.