How Do Child Protective Services Investigations Proceed in Indiana?

When a report of child abuse or neglect is made, the Indiana Department of Child Services (DCS) is required to begin an investigation within 1 hour to 5 days, depending on the severity of the allegations. This process moves quickly, and it is crucial to understand your rights and legal options to protect your family.

What Happens During a DCS Investigation?

During an investigation, a DCS case manager will:
✔ Visit the child’s home.
✔ Interview the child at home or school.
✔ Speak with parents, teachers, and other relevant individuals.
✔ Request physical or psychological exams for the child.

Because these cases move rapidly, consulting an experienced family law attorney can help you understand your rights and take proactive steps to avoid unnecessary legal consequences—including child removal.

Your Rights in a DCS Investigation

If you are the subject of a DCS investigation, you have important legal rights, including:

✔ The Right to Know the Allegations – DCS must inform you of the claims made against you.
✔ The Right to Consult an Attorney – You do not have to navigate the process alone. A lawyer can advise you on the best course of action.
✔ The Right to Refuse Entry to Your Home – Unless DCS has a court order, you do not have to let them inside.

💡 However, refusing to cooperate with DCS entirely can have serious consequences, such as a removal of your children. An attorney can help you understand when cooperation is in your best interest and when to assert your rights.

📌 Related: Understanding CHINS Proceedings in Indiana: A Guide for Parents

What is a CHINS (Child in Need of Services) Case?

If DCS believes a child is experiencing abuse or neglect, they file a CHINS petition in court.

A Child in Need of Services (CHINS) case involves a child under 18 who is allegedly:
✔ Neglected or abused.
✔ Not receiving the necessary care or treatment.

Once a CHINS case is filed, the court takes control of the child’s welfare, and parents may be required to complete services to reunite with their child.

What Happens After a CHINS Case is Filed?

A CHINS case involves multiple hearings, including:

1️⃣ Initial Hearing – The court informs parents of their rights and the allegations.
2️⃣ Detention Hearing – Determines whether the child will stay with the parents or be placed in temporary care.
3️⃣ Fact-Finding Hearing – A trial where DCS must prove the allegations.
4️⃣ Dispositional Hearing – If the court finds the child is a CHINS, they will order services for the parents and child.

📌 Related: Navigating DCS Substantiations and Appeals in Indiana

What’s Next After a CHINS Determination?

After a CHINS adjudication, the court will continue monitoring the case through:

✔ Dispositional Hearing – A case plan is created to help the family reunite, often including drug treatment, therapy, or parenting classes.
✔ Placement Review Hearings – Every six months, the court reviews the child’s placement and services to determine if reunification is possible.
✔ Termination of Parental Rights (TPR) Hearing – If parents do not comply with court orders, DCS may seek to terminate parental rights permanently.

⚠️ Losing parental rights is a serious and irreversible consequence. If you are involved in a CHINS case, you need experienced legal representation to fight for your family.

📌 Related: When Will a Judge Change Custody in Indiana?

Fighting CHINS Allegations – How Vining Legal Can Help

If DCS is investigating you or a CHINS case has been filed, you have options:
✔ Defend against the allegations in trial and prevent your child from being removed.
✔ Negotiate a settlement to avoid unnecessary court battles.
✔ Work toward reunification if your child has already been removed.