HOW DO CHILD PROTECTIVE SERVICES INVESTIGATIONS PROCEED?

A case manager with the Department of Child Services will begin their investigation within 1 hour to 5 days of the reported abuse or neglect.  The case manager will likely visit the child's home, visit the school, and speak with the parents and teachers. The case manager can also request that the child submit to physical or psychological exams. These cases often move quickly and it is important to contact a law firm to seek legal advice to learn more about what you could be doing and what your rights are in an investigation.

YOUR RIGHTS IN A DCS INVESTIGATION

There are several rights that you have through the course of a DCS investigation such as:

• a right to know the allegations of abuse or neglect

• a right to consult with an attorney

• a right to not let DCS in your home

It is important to contact an attorney if you are the subject of these investigations as there are times when cooperating with DCS case manager is in your best interests.  For instance if you refuse to take drug tests, you could very likely face a removal of your children. An experienced attorney can help walk you through this process. You should also document all interviews and interactions with DCS along the way.

CHINS/CHILD IN NEED OF SERVICES CASES

If DCS believes there was abuse or neglect they file a chins proceeding.  A "Child in Need of Services," or CHINS, is a child under the age of eighteen who is neglected or abused, and who is not getting care or treatment that the child needs.  The goal in this type of case is to protect and care for the child.

WHAT HAPPENS IF A CHINS CASE IS FILED?

There will be several hearings where you will be advised of your rights and address issues such as removal and placement of the child.  The case will ultimately lead to a either a fact finding hearing which is a trail where the Department of Child Services will try to prove that the allegations abuse or neglect are true.  In certain cases, the parties are able to resolve the issues prior to trail through a settlement agreement or informal adjustment. If the case ends in a CHINS adjudication the court will hold a dispositional hearing.  At this hearing the court decides what services are needed to help the child and her parents and it is likely that DCS will be involved in the parent child relationship for some time. The ultimate goal of the court is to reunify the parents and the child and have child custody placed back with the parents.

WHAT’S NEXT AFTER A CHINS DETERMINATION?

Dispositional Hearing

If there is a CHINS adjudication, the Court will hold a dispositional hearing to establish a case plan and offer services to the parties so that the family can be rehabilitated and ultimately have the case closed.  Services can often include things such as an IOP (Intensive Outpatient Drug Treatment), therapy, domestic violence classes, or home based case management. With home based case management, a social worker will meet with you weekly to discuss topics involving employment, housing, parenting skills, and education.

Placement Review Hearing

The court will review your case every six months to determine whether the case plan, the child placement, and the services being offered to the parties are meeting the child’s needs.  The Department of Child Services will file a Progress Report prior to this hearing that indicates what has occurred over the last six months and what they recommend the Court do in the next hearing.  It is important to review this document with your attorney prior to the placement review hearing. At the hearing, everyone will get a chance to address the Court and at these hearings there are often discussions about when and how the child can be returned to his or her home.  

In cases where the parents do not follow the orders and complete services, the Department of Child Services may request a hearing to terminate the parents’ rights entirely. This is known as a TPR Case and it is important to hire a DCS Lawyer who can help you get things on the right track and work towards reunification with your child.

HOW VINING LEGAL CAN HELP / FIGHTING CHINS ALLEGATIONS

There are several ways to approach a DCS case.  We can help you work to get your kids back, negotiate a settlement outside of trial, or represent you in trial to prove the allegations are not true.  If you are involved in a DCS investigation or CHINS case, please call us today at (317) 759-3225 to speak with a family law attorney.