Children in Need of Services (CHINS) Actions

CHINS actions involve claims that a child has been abused or neglected. Our Indianapolis family law 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 in Indiana. 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.

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. In Indiana, suspected abuse or neglect is reported by calling 1-800-800-5556. 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 office of the Indiana Department of Child Services (DCS) is responsible for filing the CHINS petition in juvenile court.

A child may be detained or removed from his home prior to a CHINS petition being filed. Once a CHINS petition is filed, the juvenile court will hold an initial hearing and will appoint a Guardian Ad Litem (“GAL”) or Court Appointed Special Advocate (“CASA”) to represent the child’s interests in the CHINS proceeding. Parents or caregivers, at that time, can admit the allegations in the CHINS petition or deny the same. After the DCS has completed its investigation of the CHINS allegations, the 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.

Under certain circumstances, a child subject to a CHINS action may be removed from his or her home and placed in temporary custody by the local child protection service. A court should consider placing the child in the custody of a relative caretaker prior to considering any other out-of-home placement. However, placement with a relative is not mandatory.

If a parent does not correct the behavior or circumstances that caused the removal of the children from his/her care, DCS may file a request with the court that the rights of that parent be terminated. There are certain circumstances in which DCS is required to file a request to terminate parental rights. A hearing is held that would allow the parent(s) to challenge the termination of rights. If the court hears sufficient evidence to terminate the rights of a parent, that parent no longer has any ability to determine care of the child or spend time with the child. Those rights cannot be re-established. After the termination of parental rights, the child is eligible for adoption by the relative caregiver, foster parent, or other third parties.

In certain circumstances, parents adopting children who had been removed from their parents by DCS may be eligible for financial assistance with the child’s expenses and reimbursement of attorney fees for the adoption.

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

Contact us today to schedule a consultation about Children In Need Of Services (CHINS) Actions in Central Indiana!

The family law attorneys at Broyles Kight & Ricafort, P.C. have considerable experience in the “child welfare” system. We are prepared to assist parents and guardians who have been named as defendants in a CHINS petition in Indiana, as well as 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. We have successfully represented parents and guardians in CHINS and termination proceedings as well as those who have been named as a respondent in a CHINS action. To schedule a consultation with one of BKR’s experienced family law attorneys in Indianapolis, Indiana, call 317-571-3601.

Indiana CHINS FAQs

Who typically requests the investigation when there is suspicion of child abuse or neglect: one parent, his/her lawyer, the child, or a third party – such as someone at the child’s school.

Typically third parties make reports of suspected child abuse or child neglect to the appropriate authorities. The most common type of third party reporters are teachers or other individuals within the school and medical professionals. This is likely because Indiana law legally requires individuals in the medical or education profession to make reports of suspected child abuse or neglect. They are considered mandatory reporters.

Additionally, a child may be more likely to disclose the abuse or neglect to a third party, such as a teacher, a coach or a guidance counselor, that they trust and are able to open up with.
Indiana law also places a duty to make a report on all individuals who have reason to believe a child is a victim of abuse or neglect.

But because child abuse and neglect can be reported anonymously, you don’t often know who made the report to the Department of Child Services.

If a parent believes their child has been abused or neglected by the other parent, but (CPS) does not substantiate the allegation, what can the parent do to protect the child?

If a parent has a legitimate reason to believe their child has been abused or neglected by the other parent, they can request an immediate hearing in front of a judge. In very limited situations, a parent may be able to withhold the child from the other parent if allowing the child to go with that parent would endanger the child’s physical health or significantly impair the child’s emotional development.

Does the court have to consider domestic violence (including child abuse allegations) when making decisions about custody or access? When and how does a CHINS action come into play?

In Indiana, court must consider domestic violence when making custody decisions. In fact, if a parent is convicted of domestic violence that occurs in the presence of the child, our judges must presume that any parenting time with the perpetrator should be supervised—even if the perpetrator has never been abusive to the child.

If a perpetrator abused his spouse and his children, then as many as three courts can be involved: a civil court deciding the divorce or custody matters, a CHINS court deciding whether the child is in need of services due to the violence in the home, and a criminal court deciding if the perpetrator should be convicted of battering the spouse and children. If a CHINS action is pending, the judge in that case has the final decision regarding where the child will live and whether the child would visit each parent. Sometimes, CHINS courts decide the victim failed to protect the child from the perpetrator and determines that neither parent should have custody.