THE CHILD IN NEED OF PROTECTION OR SERVICES (CHIPS) PROCESS
Child in Need of Protection or Services (“CHIPS”) cases involve the county’s social services office becoming involved in family matters where allegations exist related to juvenile delinquency, truancy, child neglect or child abuse. If your family becomes involved in an involuntary CHIPS proceeding, it is important to know what to expect during the lengthy, and overwhelming process. Retaining the services of an experienced CHIPS attorney is the best way to ensure that your rights are protected each step of the way.
When are Children in Need of Protection or Services?
A CHIPS Petition may be filed by the County Social Services office or it may be filed privately by any person having knowledge of a child in the State of Minnesota that appears to be in need of protection or services. A child that may be deemed in need of protection or services may include claims that the child:
Is abandoned or without a parent, guardian, or custodian;
Has been the victim of physical or sexual abuse;
Resides with or has resided with a victim of domestic child abuse;
Resides with or would reside with a perpetrator of domestic child abuse;
Is a victim of emotional maltreatment;
Is without the necessary food, clothing, shelter, education, or other required care;
Is without the special care made necessary by a physical, mental, or emotional condition;
Is medically neglected;
Is an infant who is chronically and irreversibly comatose;
The provision of treatment to an infant would merely prolong dying;
Is one whose parent, guardian, or other custodian for good cause desires to be relieved of the child’s care and custody;
Has been placed for adoption or care in violation of the law;
Is without proper parental care because of the emotional, mental, or physical disability, or state of immaturity of the child’s parent, guardian, or other custodian;
Is one whose behavior, condition, or environment is such as to be injurious or dangerous to the child or others;
Is experiencing growth delays that have been diagnosed by a physician and are due to parental neglect;
Has engaged in prostitution;
Has committed a delinquent act or a juvenile petty offense before the age of 10;
Is a runaway; or
Is a habitual truant
As you can see, there are numerous reasons that a child may be deemed in need of protection or services. However, the stated goal of every CHIPS Petition is the same—to make reasonable efforts to reunite the child with the child’s parents or guardians in a home that is safe and permanent. These reasonable efforts include providing the family with a case plan in an effort to remedy the situation that lead to out of home placement. Thus, if your child is deemed to be in need of protection or services, rest assured that, as long as you follow the case plan provided to you by the County Social Services Agency, and can demonstrate that the child is no longer in need of protection or services, the out of home placement of your child will likely not be permanent.
The Emergency Protective Care Hearing
After a CHIPS Petition has been filed, and within seventy-two (72) hours of the child being taken into emergency protective care, the court will hold an Emergency Protective Care (“EPC”) Hearing. The purpose of the EPC hearing is to determine whether the child should be returned home or placed in protective care.
At the beginning of the EPC hearing, the court may explain, or ask the county attorney to explain, the reasons why the child was taken into emergency protective care, and the substance of the statutory grounds and supporting factual allegations set forth in the petition. The court may consider any evidence that is relevant to the decision of whether to continue protective care of the child or return the child home.
If the court finds that the CHIPS Petition fails to establish a prima facie showing that a juvenile protection matter exists and that the child is the subject of that matter, the court will dismiss the petition and order the child returned home. If, however, the court finds that the petition establishes that the child or others would be endangered if the child was released to parental care, the court will either continue protective care or release the child to the child’s parent and impose conditions to assure the safety of the child or others. If it is deemed that the child should be placed in protective care, the social services agency is responsible for placing the child in foster care, or with an adequate relative.
The Admit/Deny Hearing
When a child is placed out of the child’s home by court order, an Admit/Deny Hearing shall be held within ten (10) days of the date of the EPC hearing. An Admit/Deny Hearing is the hearing at which the statutory grounds set forth in the CHIPS Petition are admitted or denied by the parent or legal custodian.
If the parent or legal custodian denies the statutory grounds set forth in the petition or remains silent, or if the court refuses to accept an admission, the court will enter a denial of the petition on the record. When a denial is entered, the court will schedule a Pretrial Conference and/or Trial.
If a parent or legal custodian wishes to admit the statutory grounds set forth in the petition, the court will question the parent to ensure that they understand their rights and understand the statutory grounds being admitted. The court will not accept an admission unless there is a factual basis for the admission. Furthermore, pursuant to a settlement agreement, a person may choose to admit some, but not all, of the statutory grounds set forth in the petition. If the court finds that an admission is accepted and the statutory grounds being admitted have been proved, or that the admission is conditionally accepted pending the approval of a settlement agreement, the court will adjudicate the child as being in need of protection or services and proceed to disposition (or withhold adjudication for 90 days if it is in the child’s best interest to do so).
The Pretrial Hearing
If a denial was entered at the Admit/Deny Hearing, the court will conduct a pretrial hearing at least ten (10) days prior to trial. The purpose of the pretrial hearing is to attempt to resolve the case and, if not, prepare the matter for trial.
During the pretrial hearing, the court will determine whether a settlement has occurred, identify any unresolved discovery matters, identify and narrow the issues of law and fact for trial, discuss the exchange of witness and exhibit lists, and determine the child’s placement pending trial. If the case is not resolved during the pretrial hearing, the matter will be scheduled for a trial, which is required to occur within 60 days of the EPC hearing or Admit/Deny hearing, whichever is earlier.
CHIPS Trial
A CHIPS trial is a hearing to determine whether the statutory grounds set forth in the CHIPS Petition are or are not proved. In most cases, the county attorney has the burden of proving their case by clear and convincing evidence. The procedure at a CHIPS trial is as follows:
The county attorney may make an opening statement
The other parties may make an opening statement
The county attorney will offer evidence in support of the petition
The other parties may offer evidence against the petition
The county attorney may offer evidence in rebuttal
The other parties may offer evidence in rebuttal
When evidence is presented, other parties will have the right to cross-examine witnesses
At the conclusion of the evidence, the parties, other than the county attorney, may make a closing statement
The county attorney may make a closing statement
Once the CHIPS trial is concluded, the court will issue an order concerning adjudication, and must do so within fifteen (15) days of the conclusion of the testimony. If the court finds that the statutory grounds set forth in the CHIPS Petition have been proved, the court will schedule the matter for adjudication and a disposition hearing. If the court finds that the statutory grounds set forth in the petition have not been proved, the court will dismiss the petition.
Disposition Hearing/Adjudication
The act of adjudicating a child as being in need of protection or services is usually not a separate hearing, but is combined with the Admit/Deny Hearing (if an admission is entered) or the Disposition Hearing following a trial where the county attorney has met his/her burden of proof.
Disposition Hearings are typically conducted in an informal matter where the court may consider any evidence which is relevant to the disposition of the matter. At the Disposition Hearing, the court may either:
Place the child under the protective supervision of the responsible social services agency in the home of the parent under conditions directed to correction of the child’s need for protection or services;
Transfer legal custody to a child placing agency for placement in foster care;
Order a trial home visit without modifying the transfer of legal custody to the responsible social services agency;
Order that treatment and care be provided for the child;
Allow a child 16 years or older to live independently under appropriate supervision;
Order the responsible social services agency to monitor the parent’s continued ability to maintain the child safely in the home under such terms and conditions as the court determines appropriate;
Approve or modify the plan for supervised or unsupervised visitation for the child’s parents or relatives; and/or
Modify the case plan and order parties to comply with it.
When disposition is an award of legal custody to the responsible social services agency, the court must review disposition in court at least every 90 days. While the child is in a trial home placement, the matter shall also be reviewed in court at least every 90 days to determine whether the trial home visit continues to be necessary. When the disposition is protective supervision, the court must review disposition once every 6 months. At the subsequent dispositional review hearings, the court will review any changed circumstances that exist, and make any necessary modifications to the previously ordered disposition.
6-Month Permanency Progress Review Hearing
For a child who is under the age of 8 at the time the CHIPS Petition is filed, the court will conduct a Permanency Progress Review Hearing not later than 6 months after the child is placed in foster care or in the home of a noncustodial parent. The purpose of this hearing is to review the overall progress of the case, the parent’s progress on the case plan, and the provision of services to the family. At the conclusion of the hearing, the court will determine (1) whether the parents or legal custodian have maintained regular contact with the child; (2) whether the parents are complying with the court-ordered case plan; and (3) whether the child would benefit from continuing this relationship.
If the court determines that the parent or legal custodian is maintaining regular contact with the child as outlined in the visitation plan, the parent is complying with the case plan, and the child would benefit from continuing the parent-child relationship, the court may either return the child home (if it is safe to do so) or continue the matter for an additional 6 months. If the court decides to continue the matter, the court will schedule dispositional review hearings at least every 90 days, and set a deadline for a 12-month permanent placement determination hearing in the event the child is not returned home.
If, at the 6 Month Permanency Progress Review Hearing, the court determines that the parent or legal custodian is not maintaining regular contact with the child as outlined in the visitation plan and/or the parents are not complying with the case plan, the court may order the Social Services Agency to file a petition for permanent placement of the child away from the parent (i.e. termination of parental rights; transfer of custody).
Conclusion
As you can see, the Child in Need of Protection or Services (“CHIPS”) process can last as long as one year. In fact, if you do not comply with the case plan, the County may elect to file a petition for the involuntary termination of your parental rights, which is another lengthy process. If your children become the subjects of a CHIPS proceeding, it is crucial that you retain the services and expertise of an experienced CHIPS attorney to ensure your rights are protected each step of the way. The aggressive attorneys at RAM Law PLLC have experience representing parents in these proceedings, and have helped them achieve favorable outcomes. Call now to schedule your free consultation.