indiana what it mean when attorney intervene on chins case

What is a chins petition in Indiana?

Oct 01, 2015 · The child needs care, treatment, or rehabilitation that the child is not receiving. It also must be unlikely that the parents will provide without the coercive intervention of the court. Indiana Code 31-34-1-2 through 31-34-1-11 includes ten other statutory CHINS circumstances. However, each carries a common theme: the child has a need that the parent, custodian, or …

What is a chins case?

Aug 16, 2018 · Indiana law requires the court to review each CHINS case every six months. This review is called a Placement Review Hearing. The court may consider written reports from professionals and experts and will decide when the child should be returned home, emancipated, placed for adoption, or placed with a legal guardian.

What happens at a chins court hearing?

What is a chins case in Indiana? The State of Indiana defines a Child in Need of Services (CHINS) as a child, prior to his or her 18th birthday, who is experiencing one (1) or more of the conditions outlined below AND the situation is unlikely to be remedied …

What is the goal of Chins proceedings?

What is a chins case in Indiana? A "Child in Need of Services," or CHINS for short, 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 child can be a CHINS if the child: is seriously endangered due to injury caused by something the parents did or did not do.

What is Chin process?

A Child in Need of Services (CHINS) matter is a court case in which the Juvenile Court tries to help parents and school officials deal with troubled youth.

What is Chin adjudication?

A CHINS adjudication will allow the court to 1) impose certain conditions on the child (i.e. curfew, counseling, compliance with DCF services) and 2) place cusody of the child with the parent/legal guardian, qualified 3rd party or the Department of Children and Families (DCF).Dec 3, 2009

What is an in home chins case Indiana?

The State of Indiana defines a Child in Need of Services (CHINS) as a child, prior to his or her 18th birthday, who is experiencing one (1) or more of the conditions outlined below AND the situation is unlikely to be remedied without the coercive intervention of the court.

How long does CPS have to investigate a case in Indiana?

Although it depends on the particulars of the case, CPS usually has about 45 days to complete an investigation. If an investigation takes longer than this time, CPS has to notify the parents with reasons for its delay.May 15, 2020

Is a chin a body part?

Chin: The inferior portion of the face lying inferior to the lower lip and including the central prominence of the lower jaw. Neck: The part of the body connecting the head with the shoulders.

Whats the meaning of chins?

(Entry 1 of 2) 1 : the lower portion of the face lying below the lower lip and including the prominence of the lower jaw. 2 : the surface beneath or between the branches of the lower jaw.

What can't CPS do in Indiana?

Although CPS can show up to your home without notice, they cannot enter without your consent. Unless CPS has a court order, or they believe your child is in immediate danger, they can't enter your home unless you say it's okay.Jun 15, 2020

What are my rights with Child Protective Services in Indiana?

Indiana's Child Protective Services (CPS), protects Indiana's children from further abuse or neglect and prevents, remedies, or assists in solving problems that may result in abuse, neglect, exploitation, or delinquency of children.

Does CPS need a warrant in Indiana?

Refuse entry unless they have a proper warrant You should never let a CPS worker into your home until you are positive they have a court order or warrant. Letting the official into your home waives the protections afforded to you by the Fourth Amendment.Jan 15, 2020

Can you find out who called CPS on you in Indiana?

Theoretically, you can't. Many people who make CPS calls do so anonymously. Unless the person feels compelled to tell you they called on you, you are likely not going to know.

How does the CPS decide to prosecute?

Before the CPS was formed in 1986, the police decided whether to take cases to court. ... In those cases where the police determine the charge, they apply the same principles. We decide whether or not to prosecute by applying the Code for Crown Prosecutors and any relevant policies to the facts of the particular case.

Can you sue DCS in Indiana?

In domestic cases, the question often arises “Can I sue DCS?” Generally, the answer is no, but there are some exceptions. The reason that DCS cannot usually be sued is because they are a government entity and have immunity from lawsuits.

What is CHINS?

Indiana Code 31-34-1-1 through 31-34-1-11 provides the elements that must be shown in order to establish that a child is a CHINS.

What are the basic elements of a CHINS case?

The basic elements of a CHINS case require a showing of the following: Child is under 18 years old; Parents have seriously impaired or seriously en...

What are a parents rights when dealing with DCS in Indiana?

If the state serves you a CHINs notice or removes your child from your home, you have rights. Each of these rights are statutory. DCS must inform y...

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What is a chin?

What is CHINS?: Governed by IC 31-34-1. Definition : CHINS = “Child in Need of Services” and the child is “neglected or abused” and is not getting the care they should. Child: Has to be a person under 18 years of age or 18, 19, or 20 with a prior CHINS case.

How long does it take to get a fact finding hearing?

Services cannot provide adequate safety. Fact-Finding Hearing: must be held within 60 days, but can be 120 days with party agreement. Burden: the burden of proof is on the DCS attorney, unless a rebuttable presumption applies:

What does a case manager do?

A Case Manager can also offer an informal adjustment whereby programs are offered to remedy the CHINS concerns. If the court approves it, the kids stay with the parents. There is a determination as to if both parents are offenders or if one of the parties is a non-offender.

What is CHINS in Indiana?

According to Indiana Code § 31-34, a Child in Need of Services (CHINS) is a person under the age of 18 subjected to the following types of abuse or neglect: The parents are unable or unwilling to provide the child with necessary food, shelter, medical care, education, or supervision. The parents commit acts or omissions ...

Can a parent be a CHINS?

The investigation and legal process that follows can be confusing. In these cases, a child may be determined to be a Child in Need of Services (CHINS). If you have come under investigation by the Child Protective Services (CPS), you need to hire an Indianapolis CHINS lawyer immediately to ensure that you can keep custody of your child.

What is a child victim?

The child has been a victim or risks being a victim of crimes such as rape, criminal deviate conduct, exploitation, molestation, public indecency, prostitution, voyeurism, seduction, or sexual misconduct with a minor. The parents allowed or put the child at risk of engaging in an obscene performance or sex offense.

What is a child with a disability?

This definition includes a child with a disability that is deprived of: 1 Nutrition necessary to sustain life 2 Medical or surgical intervention necessary to remedy or ameliorate a life threatening medical condition if the nutrition or medical or surgical intervention is generally provided to similarly situated children with or without disabilities

What is the presumption of a child in need of medical care in Indiana?

However, this presumption does not prevent a juvenile court from ordering, when the health of the child requires, medical services from a physician licensed to practice medicine in Indiana . The presumption does not apply to situations in which the life or health of a child is in serious danger.

Is Indiana Department of Child Services confidential?

Confidentiality. All reports made to Indiana Department of Child Services are confidential and may only be released to Indiana Department of Child Services workers, police, prosecutors, doctors, or other authorized personnel.

What is considered a child's physical or mental health condition?

The child’s physical or mental health condition is seriously impaired or seriously endangered as a result of the inability, refusal, or neglect of the child’s parent/guardian/ custodian to supply the child with necessary food, clothing, shelter, medical care, education, or supervision

Who is immune from criminal liability?

Immunity from Liability. Any person, other than the accused, who reports child abuse or neglect or is involved in the investigation or disposition of child abuse or neglect reports is immune from criminal or civil liability, unless the person acted maliciously or in bad faith.

Is it a misdemeanor to report child abuse?

Anonymous reports are accepted. Failure to make a report can be a Class B misdemeanor.

What is medical intervention?

Medical or surgical intervention necessary to remedy or ameliorate a life threatening medical condition if the nutrition or medical or surgical intervention is generally provided to similarly situated children with or without disabilities.

1 attorney answer

Your fact pattern omits a number of issues that will with giving you an answer. There are numerous different situations in which DCS gets involved and a number of different conclusions in a CHINS matter. Based on specific facts to your case, DCS may have removed the children from the home and put in a safety plan for those children.

Nick Artusi

Your fact pattern omits a number of issues that will with giving you an answer. There are numerous different situations in which DCS gets involved and a number of different conclusions in a CHINS matter. Based on specific facts to your case, DCS may have removed the children from the home and put in a safety plan for those children.