How to Resolve and Dismiss a CHINS Case in Indiana
If you're involved in a CHINS (Child In Need of Services) case in Indiana, it's likely you’re eager to get the Department of Child Services (DCS) out of your life and move forward as a family. This blog post aims to provide guidance on how you can achieve that. I'm Nathan Vining, an experienced family law attorney in Indiana, and I've worked extensively with CHINS cases. Here, I'll explain the process and offer some practical tips.
Understanding CHINS Cases
A CHINS case arises when the state believes a child is in need of services, often based on allegations of neglect, substance abuse, domestic violence, or other concerns. This triggers an investigation to determine if the child is endangered and if intervention is necessary. The goal is to ensure child safety and potentially help families improve their circumstances. However, this involves court monitoring, which can be intrusive and stressful for families.
Legal Assistance Is Key
To manage a CHINS case effectively, legal assistance is crucial. There are two primary approaches to address a case: challenging the facts or working through services.
Challenging the Case:
You have the right to a trial, or fact-finding hearing, within 60 days.
DCS must prove that the child is, indeed, in need of services.
You can dispute allegations by presenting facts that counter their claims.
Working Through Services:
DCS may offer pre-trial services designed to assist families, such as substance abuse courses, therapy, or case management.
Engaging with these services can sometimes alleviate DCS’s concerns and prompt them to withdraw the case.
By remedying the alleged issues quickly, such as completing anger management for domestic violence claims, you can demonstrate that there’s no reason for continued state involvement.
Navigating the Fact-Finding Process
The fact-finding hearing focuses on the present circumstances. If the initial reasons for the CHINS case have been resolved by this time, DCS might dismiss the case voluntarily. In practical terms, resolving any underlying issues identified by DCS and participating in recommended services can significantly improve your chances of achieving dismissal.
Overcoming DCS Challenges
Dealing with DCS can often be frustrating, with issues ranging from false allegations to delayed responses. Here are some tips to address these challenges:
Document Everything: Maintain a detailed journal of all interactions and services performed. This documentation becomes crucial if any disputes arise regarding your compliance with DCS recommendations.
Gather All Records: Having a comprehensive file of all related paperwork and legal documents strengthens your position.
Know Key Contacts: Gather contact information for your DCS case manager and any DCS attorneys involved to streamline communications.
Strategize Child Placement: If necessary, quickly identify trusted family members for your child's placement and initiate background checks to keep the child within the family.
Why Work with an Attorney?
Navigating a CHINS case without legal support can lead to unnecessary delays or unfavorable outcomes. An attorney can:
Advocate for faster resolution.
Challenge unwarranted removal or restrictions.
Ensure your rights are protected throughout the process.
Take Action Today
If you’re facing a CHINS case in Indiana, you don’t have to go through it alone. Contact Vining Legal at (317) 759-3225 or schedule a consultation here. We’ll work with you to address the allegations, navigate the legal process, and fight for dismissal of your case.
Don’t let a CHINS case disrupt your family’s future. Take the first step toward resolution today.