Steps to Regain Custody After a DCS Case in Indiana
Introduction: How to Reunite with Your Child After a DCS Case
When the Indiana Department of Child Services (DCS) gets involved in a family’s life, it can be stressful, emotional, and overwhelming—especially if your child has been removed from your home.
If DCS has placed your child in foster care or with another family member, you have the right to fight for reunification. But getting custody back requires proving to the court that you can provide a safe, stable, and loving home.
This guide explains:
✔ The steps parents must take to regain custody after DCS involvement
✔ How to comply with case plans and court orders
✔ The role of services like parenting classes and substance abuse treatment
✔ How to demonstrate stability and fitness as a parent
✔ When to seek a modification of custody or parenting time
📞 Trying to regain custody? Contact Vining Legal LLC at (317) 759-3225 or schedule a consultation for legal guidance.
What Happens When DCS Removes a Child from a Home?
If DCS determines that a child is in danger due to abuse, neglect, drug use, or unsafe living conditions, they may temporarily remove the child and place them:
✔ With the non-offending parent (if parents are separated)
✔ With a relative or foster care provider
✔ In a DCS-supervised placement
🚨 Removal does NOT mean your parental rights are permanently terminated—but you must take the right steps to get your child back.
➡ Related Read: Learn how DCS interviews work and how to protect yourself.
Steps to Regain Custody After a DCS Case in Indiana
DCS will provide a case plan outlining what you must do to reunite with your child.
✅ 1. Comply with Court Orders & the DCS Case Plan
After a child is removed, DCS and the court will provide a case plan detailing what you must do to regain custody.
The case plan may require:
✔ Attending parenting classes
✔ Undergoing substance abuse treatment
✔ Completing a mental health evaluation
✔ Securing stable housing and employment
✔ Attending regular supervised visitation
📌 TIP: You MUST complete all required steps—even if you feel they are unnecessary. Non-compliance will delay reunification.
✅ 2. Attend All Court Hearings & DCS Meetings
🚨 Missing a court date or DCS meeting can hurt your case.
✔ Stay informed of all court hearings, DCS check-ins, and caseworker visits.
✔ Work cooperatively with your caseworker.
✔ Always arrive on time and follow all instructions from the judge.
📌 TIP: Showing the court that you take the process seriously improves your chances of regaining custody.
✅ 3. Complete Required Services (Parenting Classes, Rehab, Counseling, etc.)
DCS often requires parents to complete certain programs before regaining custody.
✔ Parenting Classes: Helps parents learn safe discipline, child development, and proper caregiving techniques.
✔ Substance Abuse Treatment: If drug use was a factor, completing rehab and random drug testing is essential.
✔ Mental Health Counseling: If mental health concerns were raised, therapy or medication compliance may be required.
📌 TIP: Keep documentation of every class, session, or treatment program you complete.
✅ 4. Demonstrate Stability and Fitness as a Parent
DCS and the court want to see that you can provide a safe and stable home for your child.
🏡 You must show that you have:
✔ Safe housing (no hazardous conditions or unsafe individuals in the home)
✔ A steady income (to provide for your child’s basic needs)
✔ A drug-free and violence-free environment
✔ The ability to care for and supervise your child
📌 TIP: Having letters from employers, counselors, or family members can help prove your stability.
➡ Related Read: Learn how stability affects child custody cases.
✅ 5. Exercise All Visitation Rights
If the court allows supervised or unsupervised visitation, take advantage of every opportunity to see your child.
✔ Arrive on time and prepared for visits.
✔ Follow all rules and restrictions set by the court.
✔ Show consistent effort in maintaining a relationship with your child.
📌 TIP: Missing visits may be viewed as a lack of interest in reunification.
When Can You Request Custody Modification After a DCS Case?
As your case progresses, you can request increased parenting time. The Department of Child Services (DCS) provides a process called Temporary Trial Visits (TTV), where your child stays with you unsupervised in your home while still being monitored by DCS.
Typically, DCS follows a structured progression:
Removal of the child
Supervised parenting time
Unsupervised parenting time
Placement in your home with periodic DCS check-ins
Temporary Trial Visits (TTV)
Once you have completed all case plan requirements and demonstrated stability, you can petition for case closure.
👨⚖️ Steps to Request Custody Modification:
✔ File a Petition for Placement Change with the court.
✔ Provide evidence of completed services, stable housing, and employment.
✔ Attend a hearing where the judge will evaluate your progress.
📌 TIP: Courts typically favor reunification, but they must see proof that the child’s best interests are met.
➡ Related Read: Learn how courts determine the best interests of the child.
How an Attorney Can Help You Regain Custody
📜 DCS cases are complex—having a lawyer can increase your chances of reunification.
An attorney can:
✔ Negotiate with DCS to ensure fair case plans.
✔ Advocate for your parental rights in court.
✔ Ensure all requirements are met properly so delays are avoided.
✔ File for custody modification when you are ready.
📌 TIP: Having legal representation can prevent unnecessary delays and strengthen your case.
📞 Need help regaining custody? Contact Vining Legal LLC at (317) 759-3225 or schedule a consultation.
Conclusion: Fighting for Reunification After a DCS Case
🚨 If DCS has removed your child, regaining custody requires time, effort, and full compliance with court orders.
To improve your chances of reunification:
✔ Follow all DCS and court requirements (parenting classes, rehab, therapy).
✔ Maintain stable housing and employment.
✔ Exercise all visitation rights.
✔ Work with an experienced attorney to protect your parental rights.
📞 Need legal guidance? Contact Vining Legal LLC at (317) 759-3225 or schedule a consultation today.
