Your parental rights might be at risk if you have been contacted by the Department of Child Services regarding allegations of abuse or neglect. Upon receiving such reports, DCS will investigate the claim and, if it is substantiated, will file a Child in Need of Services CHINS case, which could result in you losing custody of your child. If you are under investigation by DCS, Cioe & Wagenblast PC, understands the process and can help you maintain custody of your child.
How Does a CHINS Case Get Started?
When a person suspects that a child is being abused or neglected and believes the parents or guardians are not providing the care the child needs, they must file a report to the police or DCS. When DCS receives the report, it will begin an investigation of the claim. A family case manager will be assigned to the family, and they will interview the child, the parents or guardians & siblings to determine if abuse or neglect has occurred. If a case manager has contacted you about an abuse or neglect claim, then reach out to Cioe & Wagenblast PC to help you through this process & provide you with options if you are facing false allegations.
What Is Considered A CHINS Case?
A CHINS case is a child under 18 years of age who was subject to abuse or neglect and the parents or guardians refused or were unable to provide necessary care.
CHINS Categories Includes;
A child who is victim to the following circumstances, such as;
- Victim of sexual abuse
- Victim of physical abuse
- Parents or guardians who allow a child to participate in prohibited sex acts
- A child who is a danger to self or others
- Disruptive at school and whose parents do not participate in disciplinary proceedings
- A missing child
- Has disorders because his or her mother did drugs or drank alcohol while pregnant
- A child who had drugs or alcohol in his or her system at birth
After the Case Manager’s Investigation?
After the case manager interviews the family, they will report that the claim was unsubstantiated or substantiated. An unsubstantiated claim is one in which the evidence gathered during the investigation does not suggest that abuse or neglect has occurred.
A substantiated claim is one in which evidence demonstrates that abuse or neglect has occurred. If the claim was substantiated, the case manager might recommend that the family participate in services before having a DCS attorney file a CHINS petition.
Services Can Include:
- Service Referral Agreement: The family voluntarily participates in a six-month program and develops a family safety plan.
- Informal Adjustment: The family is required to participate in a six-month program to remedy abuse or neglect.
If the family refuses to participate in the services, the case manager may then request that a CHINS petition be filed.
A CHINS case can involve the following:
- Initial Hearing: The parents or guardians admit to or deny the allegations.
- Fact-Finding Hearing: If the allegations were denied, a hearing will take place, during which DCS presents evidence of abuse or neglect.
- Dispositional Hearing: If the parents or guardians admitted to the abuse or neglect, or if DCS provides evidence that demonstrates the allegations are true, a dispositional hearing will take place. During this hearing, the court will decide on the next steps necessary to protect the child.
At Cioe & Wagenblast PC, we know this process can be stressful & emotional. Our experienced CHINS lawyers will provide skilled legal representation to help you keep your parental rights. We have over 30 years of legal experience providing effective counsel to individuals in similar circumstances and will use our knowledge to work toward a favorable outcome for you. Contact us today!
Facing a legal issue? Contact us now at (219) 477-6490.