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

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

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…”

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 17.5 years old) and at serious risk of harm

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

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.”

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.”

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

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

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

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

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

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

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

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

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

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

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;

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?

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