A Child in Need of Services (chins) Agreement

CHINS:

A CHINS agreement is like a contract. The child and his or her parent meets with the probation officer to try to figure out what temporary services or rules can be put in place to help alleviate the situation that led to the CHINS. The child will be asked to sign a piece of paper agreeing to follow the listed conditions or rules. Typical CHINS agreements include conditions like attending school daily without incident, coming home by a set curfew, attending counseling, treating family members and other people with respect, and remaining drug and alcohol free.

A Child in Need of Services (CHINS) matter is a court case in which the Juvenile Court tries to help parents and school officials deal with troubled youth. The person filing the CHINS petition must show the judge that the child:

regularly runs away from home; or

constantly disobeys the commands of a parent or legal guardian; or

misses school on a regular basis; or

constantly fails to follow school rules.

A parent or guardian may file a CHINS petition on a child who is under 17, who runs away, does not or cannot follow the rules at home.

A school district may file a CHINS petition on a child who is under 16, who is absent a lot or misbehaves at school. The police may file a CHINS petition on a child who is under 17 and a runaway. After CHINS has been enacted it is then up to the Judge to decide when the juvenile is ready to be released from the program.

On the first court date, the child and the parent will meet with the probation officer assigned to the case. Depending on the facts of the case and the seriousness of the situation, the child may also be assigned an attorney and appear before the judge. If the case is not too serious, the child may only meet with probation for informal assistance. Generally on this first court date the child will be asked to sign a CHINS agreement.

If the child is a runaway, the judge may grant temporary custody of the child to the Department of Social Services (DSS). If the judge does give temporary custody to DSS, DSS makes the decision about where the child will live; it may be at home, in a foster home, or at a residential program, depending on the age and needs of the child. Along with granting temporary custody to DSS, the judge can also order DSS to place the child in a setting outside his or her home to make sure that DSS cannot decide to send the child home.

If the child was arrested by the police for failing to come to court or was arrested as a runaway, and the court finds that the child is not likely to return for the next court date, the court may impose bail or other reasonable conditions aimed at making sure the child comes to court.

Bail is a monetary amount that must be paid before the child can go home. No child can be held on bail under a CHINS for more than 15 days without returning to court. If a child is held on bail under a CHINS petition, the child cannot be locked up and held at a Department of Youth Services Detention Center (DYS). However, the judge can transfer custody of the child to DSS, and DSS will decide where the child will stay.

If the child comes to court after being arrested as a runaway, the CHINS petition will automatically be issued and the case will be scheduled for a trial.

At the next court hearing, the probation officer makes recommendations about the case. The probation officer can decide one of the following things:

not to issue a petition because it looks like the child does not need services; or

not to issue the petition because it feels that the child would be better served by informal services through the probation department; or

to ask the judge