How Does a CHINS Case Start?

It usually begins when someone makes a report to DCS about possible abuse or neglect. DCS then investigates. Within 24 hours of receiving that report, they create what's called a "310 report", basically a written assessment of the situation.

If DCS decides the situation requires court involvement, they file a CHINS petition. This document lays out the specific allegations against you and explains why they believe your child needs court protection.

Before the petition moves forward, a judge has to find "probable cause" that a CHINS situation exists. Think of it as the court agreeing there's enough evidence to take a closer look.

The Initial Hearing: What to Expect

Once DCS files the petition, you'll receive written notice telling you:

• What the allegations are

• When your initial hearing is scheduled

• Your rights in the case

And here's something important: you have rights. You have the right to an attorney, and if you can't afford one, the court will appoint one for you. You also have the right to present witnesses and cross-examine anyone who testifies against you.

At the initial hearing, the judge will explain the allegations, and you'll need to enter a plea. You can either:

• Admit the allegations (meaning you agree they're true)

• Deny the allegations (meaning you dispute them)

This is a big decision, and it's one you shouldn't make without talking to a lawyer first. What you say at this hearing matters.

What Happens If Your Child Is Removed?

If DCS has already removed your child from your home, you're entitled to a detention hearing within 48 hours. This hearing often happens at the same time as your initial hearing.

At the detention hearing, the judge decides whether your child can come home while the case continues or whether they need to stay somewhere else temporarily. The judge will look at things like:

• The safety concerns DCS raised

• Whether there are relatives who can care for your child

• What's in the best interest of the child

This is an emotional moment for any parent. Having someone in your corner who listens to what you have to say and can present your side clearly to the judge is invaluable.

The Fact-Finding Hearing

If you deny the allegations at your initial hearing, the case moves to a fact-finding hearing. This is basically a trial, but there's no jury: just a judge who hears the evidence and makes the decision.

Here's what you need to know:

• The fact-finding hearing must happen within 60 days of the CHINS petition being filed (though it can be extended another 60 days if everyone agrees)

• DCS has to prove their case by a "preponderance of the evidence": meaning they need to show it's more likely than not that their allegations are true

• You can present your own evidence and cross-examine DCS's witnesses

This hearing is your chance to tell your side of the story. A good attorney will help you prepare, gather evidence, and present the strongest possible case.

The Dispositional Hearing

If the court finds the allegations are true (either because you admitted them or because DCS proved them at the fact-finding hearing), the next step is a dispositional hearing. This must happen within 30 days of the fact-finding decision. If it doesn't, the court has to dismiss the case.

At the dispositional hearing, the judge decides what happens next. This might include:

• Ordering you to complete certain programs or services (like parenting classes, counseling, or substance abuse treatment)

• Issuing protective orders or no-contact orders

• Setting up a case plan for reunification with your child

The goal here, and this is important to remember, is usually reunification. DCS and the court want to see families stay together when it's safe to do so. The services they order are meant to address whatever concerns led to the case in the first place.

Ongoing Review Hearings

A CHINS case doesn't end after the dispositional hearing. The court holds review hearings to check on progress. These happen at least every six months, though they can be more frequent.

At each review hearing, DCS provides a progress report (you should receive this at least 7 days before the hearing). The judge looks at:

• Whether you're completing your case plan

• How your child is doing

• Whether circumstances have changed

You have the right to be heard at every single one of these hearings. You can provide written statements, give oral testimony, and cross-examine witnesses. If your circumstances change significantly, you can also request a modification hearing.

Your Rights Throughout the Process

Let's recap, because this is crucial:

• Right to an attorney (one will be appointed if you can't afford one)

• Right to written notice of all allegations and hearings

• Right to present evidence and call witnesses

• Right to cross-examine witnesses who testify against you

• Right to be heard at every hearing

The standard of proof in CHINS cases is "preponderance of the evidence": not the higher "beyond a reasonable doubt" standard used in criminal cases. That means DCS doesn't have to prove their case perfectly. They just have to show it's more likely true than not.