Important: This article provides general information about the CHINS process in Indiana. It is not legal advice. Every case is different. If DCS has opened a case involving your family, contact an attorney as soon as possible — ideally before any hearings.

Getting a call from the Indiana Department of Child Services — or having a caseworker knock on your door — is one of the most frightening experiences a parent can face. You may not fully understand what is happening, what your rights are, or what comes next. This guide walks you through the CHINS process from beginning to end so you know what to expect.

What Is a CHINS Case?

CHINS stands for Child in Need of Services. Under Indiana Code § 31-34, a court can find that a child is a CHINS if the child is under 18 and needs care, treatment, or services they are not receiving — and those services are unlikely to be provided without court involvement.

A CHINS case is a civil case, not a criminal one. It is not about punishing parents. In theory, it is about connecting families with services so that children can safely remain with or return to their parents. In practice, it is a high-stakes legal proceeding that can have life-altering consequences.

CHINS vs. Termination of Parental Rights in Indiana

These are two separate legal proceedings — and understanding the difference matters. A CHINS case does not automatically lead to termination of parental rights. The goal of a CHINS case is reunification. Termination of parental rights (TPR) is a separate proceeding that only happens if reunification fails over a sustained period. Many CHINS cases close with the child returning home. But the decisions made early in a CHINS case shape everything that follows, which is why representation matters from the very first hearing.

How Does a CHINS Case Start?

DCS typically opens a CHINS case in one of two ways: after receiving a report from a mandatory reporter (a teacher, doctor, or neighbor, for example) or after law enforcement makes contact during an incident. DCS conducts an investigation, which may include home visits, interviews with you and your children, and contact with schools or medical providers.

If DCS determines that a child is in immediate danger, they can seek an emergency removal before a court hearing. If DCS removes your child, the clock starts immediately — you have very little time before the first hearing, and what happens at that hearing matters enormously.

The CHINS Process: Step by Step

1. Initial or Detention Hearing

If a child has been removed from the home, Indiana law requires a detention hearing within 48 hours of the child being taken into custody — excluding Saturdays, Sundays, and legal holidays (IC 31-34-5-1). At this hearing, the court will decide whether the child can safely return home while the case continues, or whether the child should remain in out-of-home placement.

This is your first opportunity to appear before the judge. You have the right to have an attorney with you. If you cannot afford one, you can request a court-appointed attorney. If at all possible, contact an attorney before this hearing — not after.

2. Fact-Finding Hearing

This is essentially the CHINS trial. DCS must prove by a preponderance of the evidence that the child meets the legal definition of a CHINS under IC § 31-34-12-3. You have the right to contest the petition, cross-examine DCS witnesses, and present your own evidence and witnesses.

Many parents feel pressure to admit to the CHINS petition to move the case forward faster. Before making that decision, speak with an attorney. Admissions made at fact-finding can affect every subsequent proceeding, including any future termination case.

3. Dispositional Hearing

If the court finds a child to be a CHINS, the next hearing is the dispositional hearing. Here, the court approves a case plan — a document prepared by DCS that outlines what services the family must participate in and what conditions must be met before reunification. The case plan is a legal document. You should review it carefully with your attorney before agreeing to its terms.

4. Periodic Review Hearings

After disposition, the court holds periodic case review hearings — Indiana law requires at least one every six months (IC 31-34-21-2), though courts frequently schedule them more often. DCS must also file a progress report every three months. These hearings are not formalities. These hearings are not formalities. What you do between hearings matters. Engaging with services, maintaining stable housing, staying in contact with DCS, and visiting your children consistently all affect the court's view of your progress.

5. Permanency Hearing

Indiana law requires a permanency hearing every 12 months after the date of the original dispositional decree or after the child's removal — whichever comes first (IC 31-34-21-7). At this hearing, the court determines the long-term plan for the child — which may be reunification, placement with a relative, or, if reunification has not progressed, referral for adoption. If the permanency plan shifts away from reunification, DCS may file a petition to terminate parental rights.

What to Do If DCS Opens a CHINS Case in Indiana

If DCS has opened a case or removed your child, these are the most important things to do immediately:

  • Contact an attorney before the first hearing. The detention hearing moves fast. Even a brief consultation can help you understand your rights and avoid statements that could hurt your case.
  • Do not make detailed statements to DCS without legal advice. You are not required to answer every question. Politely saying "I would like to speak with an attorney first" is not an admission of anything.
  • Document everything. Keep records of every call, visit, and communication from DCS. Note dates, times, and what was said.
  • Do not miss visits with your children. Courts look carefully at visitation compliance. Missing visits — even for legitimate reasons — can be held against you.
  • Start engaging with services as soon as possible. If DCS has suggested services (parenting classes, counseling, substance abuse evaluation), engaging voluntarily before being ordered to do so demonstrates good faith to the court.
  • Stay in contact with DCS. Avoid the instinct to go silent. Missed calls and unreturned messages can be characterized as non-cooperation.

Your Rights as a Parent in a CHINS Case

Indiana law recognizes that parents have a fundamental constitutional right to the care, custody, and control of their children. In a CHINS proceeding, you have the right to:

  • Be represented by an attorney (and to have one appointed if you cannot afford one)
  • Receive notice of all hearings
  • Be present at all hearings
  • Contest the CHINS petition at a fact-finding hearing
  • Review and respond to DCS reports and case plans
  • Participate in the development of the case plan
  • Regular visitation with your children while the case is pending (absent a court order limiting contact)

How Does a CHINS Case End?

The best outcome — and the one the court is required to prioritize under Indiana law — is reunification. When parents complete their case plan, demonstrate stability, and show the court that the conditions that led to the CHINS finding have been addressed, the court can close the case and return the child to the home.

Other outcomes include guardianship or adoption by a relative, or — in cases where reunification has not happened within the timelines set by state and federal law — termination of parental rights and adoption by a non-relative. These outcomes are not inevitable, but they become more likely the longer a case remains open without progress.

The single most important factor in how a CHINS case ends is whether parents consistently engage with their case plan. It sounds simple. It is often not. The services, appointments, court dates, and DCS contacts pile up fast. Having an attorney who can advocate for you at each stage, challenge unreasonable case plan conditions, and present your progress to the court makes a significant difference.

CHINS Defense in Central Indiana

Hammond Legal represents parents in CHINS proceedings across Central Indiana, including Madison County (Anderson), Marion County (Indianapolis), Hamilton County (Noblesville), Hancock County (Greenfield), Shelby County (Shelbyville), Delaware County (Muncie), and Henry County (New Castle). If DCS has opened a case involving your family in any of these counties, contact us as soon as possible — the first hearing can arrive within 48 hours of removal.

Common Questions

What does CHINS mean in Indiana?
CHINS stands for Child in Need of Services. Under Indiana Code § 31-34, a child is a CHINS if they are under 18 and need care, treatment, or services that the child is not receiving — and those services are unlikely to be provided without the intervention of the court.
Do I have to talk to DCS?
You are not required to answer detailed questions from a DCS caseworker without an attorney present. You can politely say you would like to speak with an attorney first. However, you do have a duty to allow DCS to assess the child's safety. Speaking with an attorney before making detailed statements is strongly advisable.
What happens at the first CHINS hearing?
The first hearing — called the initial or detention hearing — typically takes place within 48 hours of a child's removal. The court will decide whether the child can safely return home while the case proceeds, or whether the child should remain in placement. You have the right to be represented by an attorney at this hearing.
Is a CHINS case the same as termination of parental rights?
No. A CHINS case and a termination of parental rights (TPR) case are separate proceedings. A CHINS case is about getting services to the family and reunifying the child with parents when it is safe to do so. Termination is a separate, later proceeding that only happens if reunification fails over time. Most CHINS cases end in reunification.
How long does a CHINS case last?
CHINS cases vary. Many resolve with reunification within 6 to 18 months. Indiana law requires a permanency hearing within 12 months of the dispositional decree or removal, whichever comes first (IC 31-34-21-7). There is also a rebuttable presumption that jurisdiction continues no longer than 12 months. The faster parents engage with services and demonstrate progress, the sooner a case can close.

Have Questions About Your Case?

If DCS has opened a case involving your family, time matters. Attorney Emilee Hammond has represented parents in over 200 CHINS proceedings across Central Indiana. She can explain what to expect in your specific case and what you should do next.