These allegations can include:
- Physical or sexual abuse
- Neglect
- Truancy
- Drug use by a parent/custodian
- Other threats to a child’s safety and welfare
Upon receiving an allegation, the county may initiate an investigation.
This can involve:
- Interviewing parents/custodians, children, or other witnesses.
- Involvement of law enforcement, which could lead to criminal charges.
- Immediate removal of a child from the home in urgent situations.
Voluntary Services: In some cases, if there is cooperation from the parents/custodians, the county may offer voluntary services to address concerns without immediate court intervention.
When Children Are Removed: The 72-Hour Hold
If a child is removed from the home by the county or police, they are placed on a 72-hour hold. Within 72 hours, A hearing must be held, and a judge will determine if the child should continue to be removed from the home.
Prior to the emergency protective care (EPC) hearing, the county will typically file one of two petitions:
- Child in Need of Protection or Services (CHIPS) Petition: This petition seeks court intervention to ensure the child’s safety and well-being, often outlining a “case plan” for the parents to follow.
- Termination of Parental Rights (TPR) Petition: This is filed in more severe circumstances, such as cases of “egregious harm” (as defined by law) or if a parent has a history of prior involuntary transfer or termination of parental rights. A TPR petition seeks to permanently end a parent’s legal rights to their child.
Your Rights and Key Timelines
If a CHIPS Petition is filed:
- Right to a Court Trial: You have the right to a court trial to dispute the allegations brought forth by the county.
- Case Plan Cooperation: If you agree to any of the allegations or if the Court finds a child to be in need of protection or services following a trial, the court will order you to cooperate with a specific case plan designed to address the concerns and facilitate reunification.
Crucial Timelines: If your children have been removed, strict legal timelines apply for completing your case plan. Adhering to these time-frames is essential for the short-term and long-term return of your child.
- Potential Consequences of Non-Compliance: If you do not follow through with the case plan within the set time-frames, the court may:
- Extend the time-frames (if allowed by law).
- Order the county to file a permanency petition. This can lead to the following, not limited to:
- Termination of your parental rights.
- Transfer of custody to a foster parent or relative.
- Transfer of custody to the child protection agency.
Why Legal Representation is Essential
Navigating the Minnesota child protection process is incredibly complex and emotionally challenging. It is highly important to have an attorney by your side during this process.
An experienced attorney can:
- Help you understand your legal options.
- Guide you through each step of the court proceedings.
- Work diligently to help keep your child in your care or facilitate their safe return.
If you are involved in a child protection matter, contact an attorney immediately to discuss your situation and protect your rights.
Disclaimer: Not Legal Advice. The information provided on this website is for general informational purposes only and is not intended to constitute legal advice. No attorney-client relationship is formed by reading or using the information on this site. You should not act upon any information without seeking professional legal counsel specific to your situation. We make no guarantees as to the accuracy, completeness, or adequacy of the information contained on this site.