Child in need of Services (CHINS) Petitions

WHAT IS IT? These are petitions that parents, youth's, or DCFS file asking the Court to allow the child to reside temporarily out-of -home and/or to attend needed treatment.

WHO IS A CHINS YOUTH? A CHINS Youth is someone under eighteen who:

(I) Is beyond the control of the parents such that the child's behavior endangers the health, safety, or welfare of the child or any other person;

Or
(II) Has been reported to law enforcement as absent without consent for at least 24 consecutive hours on two or more separate occasions and

(A) has exhibited a serious substance abuse problem, or
(B) has exhibited behaviors which create a serious risk of harm to the health, safety, or welfare of the child or any other person;

Or
(III) Is in need of necessary services and the parents have evidenced continuing unsuccessful efforts to maintain or are unwilling or unable to maintain the family structure.

HOW DOES THE PROCESS WORK?

(1) You need to determine if the juvenile is a CHINS Youth

(2) You need to obtain a family assessment from DCFS. Call DSHS at 1-800-228-3501
(3) Obtain and complete the petition. These petitions can be obtained from DCFS, Juvenile Court Services, or the Superior Court Clerk.

(4) Bring the family assessment and petition to Juvenile Court Services for filing.

(5) A date and time will be set for the Court to hear your case.

(6) There are three steps in the court process.

(a) The Court needs to determine if the juvenile is a CHINS youth and should be placed outside the family home.

(b) If your child is a CHINS youth, then what services should the Court require of the youth and parent to improve or correct the problem. In this process, the Court will not have the power to order your child into involuntary commitment for substance abuse or mental health treatment. Those types of involuntary treatment petitions require another process.

(c) The service plan is periodically reviewed by the court to determine compliance and assess progress with the plan. Failure to comply with the court's order could result in a finding of contempt and jail days.

WHO PAYS FOR THE OUT-OF-HOME PLACEMENT OR TREATMENT? If the court approves an out-of-home placement, then parents may be required to contribute to the child's support. The Court can not require DSHS pay for treatment, nor will Juvenile Court Services pay for treatment.

AM I ENTITLED TO AN ATTORNEY? The parent, even if indigent, is not entitled to a public defender. The parent can always hire an attorney. The juvenile may be provided an attorney at no cost to the juvenile or the family.

I NEED MORE INFORMATION. Please contact Tom Kearney 378-4620 for more information about CHINS Petitions.