1. Hon. Karen R. Carroll February 12, 2018
CHINS PROCEDURE
Hon. Karen R. Carroll
February 12, 2018

2. Define child in need of care or supervision
Outline stages of a CHINS case
Explain required legal findings
Identify treatment discussion points

3. Purpose of Juvenile Proceedings Act
“To ensure that safety and timely permanency for children are the paramount concerns in the administration and conduct of (juvenile judicial) proceedings…”

4. Child in Need of Care or Supervision:
Newborn to 18 years old;
Abandoned or Abused;
Without proper parental care
(medical, education, subsistence)
Habitually truant
Beyond the control of parent (16 to years old) and at serious risk of harm

5. Getting into Court Non-Emergency (No Request for Custody):
Petition filed by State’s Attorney
Accompanied by an affidavit
Service on custodial parent (mail)
Preliminary hearing within 15 days

6. Emergency (Request for Custody):
During court hours: filing of petition and affidavit with request for Emergency Care Order
After court hours: officer takes child into custody if “child’s immediate welfare requires the child’s continued absence from the home.”

7. Cont.
Officer contacts DCF
Affidavit prepared (officer or DCF)
SA or officer contacts judge
Return to parent; conditional custody order; or emergency care order
“Continued residence in the home is contrary to the child’s welfare.”

8. Preliminary Hearing/Temporary Care Hearing
Attorneys assigned to child; parent(s)
Guardian ad litem assigned to child
Admissions/denials entered by parties
Identification of non-custodial parent
Custody decision made
**Treatment discussion point

9. Temporary Custody Orders
Temporary Care Order: “A return home would be contrary to the best interests of the child.”
Substantial danger to physical or mental health, welfare or safety;
Sexual abuse by a member of household;
At risk for sexual or physical abuse;
Any child in home has been neglected and substantial risk to this child

10. Temporary custody orders cont.
Conditional Custody Order: to parent, guardian, noncustodial parent, relative, person with significant relationship with child; with conditions
**Treatment discussion point
Custody to noncustodial parent or relative
**If child placed in DCF custody, initial case plan must be filed within 60 days

11. Next Stages
Pretrial hearing: within 15 days
**Treatment discussion point
Merits hearing: within 60 days of preliminary hearing/custody order
State must prove CHINS by a preponderance of the evidence
Admission may be made

12. Disposition Hearing Within 35 days of merits determination
DCF files report with permanency goal; date for achieving goal; how it will be achieved (reunification; adoption; guardianship; other permanent placement)
Plan includes expectations for parents
Plan may be concurrent

13. Disposition Custody Options
Return to parent
Conditional custody order (limit 6 months)
To noncustodial parent, relative, person with significant relationship with child
To noncustodial parent and close the case
Permanent guardianship – Probate Division
Continue DCF custody
Termination of parental rights

14. Post-Disposition Review Hearing
Within 60 days of disposition
Review case plan and whether goals have been achieved
First required review of progress
**Treatment discussion point

15. Permanency Hearing No less than every 12 months
If child aged three or under at the time of custody, may be held every three months
If child aged three to six at the time of custody, may be held every six months

16. Permanency hearing cont.
DCF has held a review meeting with parent(s), parties
DCF files case plan including recommendations to achieve permanency
**Treatment discussion point

17. Termination of Parental Rights
Requires proof by clear and convincing evidence that it is in the best interests of the child
Parent may voluntarily relinquish
Parent and child contact agreements

18. Federal Requirements to be Considered
Adoption and Safe Families Act – 1997
DCF must make reasonable efforts to preserve and reunify families to make it possible for the child to safely return home;

19. ASFA cont.
The state shall file a termination of parental rights petition when a child has been in foster care for 15 of the most recent 22 months
Consistent with a treatment model?

20. Five Valuable Months
Preliminary hearing/Child in DCF custody 60 days Merits hearing 35 days Disposition hearing Post-Disposition hearing