How Do I Beat A Child Protection Case In Minnesota?
HOW TO BEAT A CHILD PROTECTION (“CHIPS”) CASE IN MINNESOTA
A Child in Need of Protection or Services (“CHIPS”) matter is a court action occurring in juvenile court involving children removed (or at risk of being removed) from their parents’ or custodians’ care by the county social services agency due to allegations of abuse or neglect. Some of the most common reasons these cases are initiated are when the parents or custodians are suffering from chemical dependency issues, lack of adequate housing, not enrolling children in school, and domestic abuse. If you receive a call or visit from child protection, it is likely because they received a screened-in report of child abuse and/or neglect involving your children. They are likely contacting you to request an interview as part of their investigation or to conduct what is known as a family assessment.
Before speaking with child protection and/or agreeing to move forward with an interview (which will likely be recorded), it is crucial that you consult with an experienced parent defense attorney. The CHIPS parent defense attorneys at RAM Law PLLC have been successful at resolving child protection investigations or cases prior to a formal CHIPS Petition being filed against the parent in court. Sometimes, the reason child protection contacts a parent is because the other parent is suspected of having abused the child(ren). Even if that is the case, you should never attend an initial child protection interview without being represented by an attorney. Many times, depending on the nature of the allegations, a child protection investigation may be combined with a criminal investigation being conducted by law enforcement. You should NEVER talk to law enforcement regarding any allegations made against you—especially without being accompanied by an attorney.
If you have questions regarding whether or not to comply with social worker directives during the investigation stage of a CHIPS matter (i.e. requests for drug testing), contact the experienced child protection attorneys at RAM Law PLLC to schedule an initial case evaluation.
A CHIPS Petition Was Filed Against Me In Court—What Do I Do?
After the County completes their investigation, the assigned investigation social worker is required to conclude whether or not maltreatment occurred. Even in cases where it is found that maltreatment did in fact occur, many times the County will simply offer voluntary services to the family in lieu of court intervention. However, in cases where the parents are either uncooperative or where the county attorney believes there is sufficient evidence to support a finding that the children are in need of protection or services, a CHIPS Petition may be filed in juvenile court and the children may be removed from the home (and placed in either relative or non-relative foster care).
The County’s goal in filing a CHIPS Petition is to ask the court to determine that the children are in need of protection or services. The County is NOT asking the court to find that your children can never be reunified with you. At the early stages of a CHIPS proceeding, the assigned child protection order will provide you with a case plan or series of goals that they want you to comply with prior to getting your children back. Depending on the nature of the allegations made against you, these case plan components typically include things such as completing a chemical dependency assessment, random drug testing, maintain adequate housing, attend individual therapy, and complete a diagnostic assessment or psychological evaluation. While this initial case plan is technically voluntary, it is typically a good idea to comply with it. The reason for this is that parents have a right to a Trial regarding the allegations stated in the CHIPS Petition where the County has to prove, by clear and convincing evidence, that the children are in need of protection or services. If, at the time of trial, you have already been complying with the requirements of the voluntary case plan (i.e. submitting numerous negative drug tests), it is much more likely that the Court will conclude that the children are NOT in need of protection or services. If that is the court’s conclusion, the case will be dismissed.
If you are unsuccessful at a CHIPS trial, all hope is not lost. All that means is that the children are now adjudicated as being in need of protection or services and that the court will order a case plan that must be complied with prior to reunifying with your children. If you substantially comply with a court ordered case plan, you will most likely get your children returned to you within 6 months to a year. That does not necessarily mean that your children will be out of your care for that period of time; just that the court will be overseeing the case for that length. If you do not comply with the court-ordered case plan, the County may decide to file a new petition to either transfer custody to a relative or terminate your parental rights. It is important not to wait to hire an attorney in a CHIPS case. RAM Law has been successful in reuniting parents with their children quickly upon the filing of a CHIPS Petition. The longer a parent waits prior to retaining an experienced private CHIPS attorney, and, in turn, receiving sound legal advice, the less likely it is that they will be reunified with their child(ren). You do not want this to be you.
How to Beat a CHIPS Case—Retain a Private Parent Defense Attorney at RAM Law PLLC
RAM Law’s skilled attorneys will represent you at all stages of the child protection matter, from handling the initial call from child protection to complying with child protection’s requests for information, interviews, assessments and evaluations. We are experienced in litigating the cases at trial where it is questionable whether the county will be able to prove by clear and convincing evidence the petition for child in need of protection and services and/or petition for termination of parental rights. Contact the attorneys at RAM Law PLLC to schedule your initial case evaluation.