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So, typically the way child in need of protection or services or CHIPS cases work is, in a situation like this where a spouse is growing violent and there are safety concerns for the child, for example, somebody will make a report to a social services agency, to a county agency. Once the county receives that report, they will screen the report for possible child safety, child neglect type of issues. If the report is found – the child could possibly be in some sort of a danger, then with the assistance from the county attorney’s office of social services will proceed through a court process. That’s the CHIPS, Child In need of Protective Services petition. When the petition is filed, it goes through the court and the parent then has to come in and proceed through the CHIPS process. Typically what happens is there is a petition that is filed alleging that the certain child is a child in need of protection or services. The judge gets to hear the case where a parent can come in and either admit to the allegations in the petition or deny the allegations in the petition and proceed to a trial where a judge will then decide whether this particular child or children are children in need of protection or services. It is a very complicated and a very stressful process for the family involved. There are a lot of different things at stake.
For example, if a child is found to be a child in need of protection or services, the family or the parents are going to be issued a case plan. And it’s a road map for the family of how to resolve their case. Typically, with a CHIPS case, the children have been removed and are placed in foster care. This case plan, this road map will provide guidance to the parent of what needs to be completed for them to be able to get their children back safely. If you are not compliant with your case plan or you do not follow it to the liking or the satisfaction of your social worker, the risk is that the county will proceed with the termination of parental rights petition where your parental rights may be terminated.
However, the goal of a CHIPS petition is not to terminate your rights, but rather to find the way to rebuild your family and make sure that you as a parent can parent your children safely.
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Minneapolis, MN family law attorney Ruta Johnsen describes the complicated process of a child going through the courts to be taken into child protection services.