In Minnesota, a Child in Need of Protection or Services (CHIPS) case is typically filed when it is believed that a child is in an unsafe environment or is at risk of harm. The purpose of a CHIPS case is to address concerns about the child’s welfare and to determine what services or interventions might be needed to protect the child.
The state can file a CHIPS case in the following circumstances:
1. Abuse or Neglect
A CHIPS case may be filed when there are concerns of abuse or neglect by a parent, guardian, or other caretaker. This could include:
- Physical abuse, such as hitting, shaking, or causing other injuries.
- Sexual abuse or exploitation.
- Emotional abuse, such as verbal abuse or creating a consistently harmful emotional environment.
- Neglect, which includes failure to provide necessary food, clothing, shelter, medical care, or supervision.
2. Parent’s Inability to Provide Adequate Care
A CHIPS case may be filed when a parent or guardian is unable to provide the necessary care and protection for the child due to:
- Substance abuse: If a parent has a substance abuse problem that impairs their ability to care for the child.
- Mental illness or instability: If a parent has a mental health condition that impairs their ability to provide appropriate care or supervision.
- Physical or developmental disabilities that prevent a parent from properly meeting the child’s needs.
3. Child’s Own Behavior or Needs
In some cases, a CHIPS petition may be filed due to the child’s own behavior or needs, especially if:
- The child is exhibiting delinquent or harmful behaviors (although a delinquency case may be a more appropriate alternative).
- The child has significant mental health or emotional needs that are not being adequately addressed, and there are concerns that the child’s safety or well-being is at risk as a result.
4. Abandonment
If a child has been abandoned by a parent or guardian (e.g., left alone for an extended period or without care), the county may file a CHIPS petition to ensure the child is safe and to begin proceedings to establish a permanent living situation for the child.
5. Environmental Danger
If a child is living in an environment that is deemed unsafe, such as one with significant hazards (e.g., domestic violence, unsafe living conditions, presence of dangerous individuals), a CHIPS petition can be filed to intervene and remove the child from that environment.
6. Involuntary Termination of Parental Rights (TPR)
If a child has been under county supervision due to prior CHIPS proceedings and there is evidence that the situation has not improved or that the parents are not making reasonable progress toward addressing the issues, the county may file for termination of parental rights as a part of the CHIPS case. This could lead to the child being placed for adoption or into another permanent situation.
Process of Filing a CHIPS Case
When the county files a CHIPS petition, they must demonstrate that there is reasonable cause to believe the child is in need of protection. The petition will be filed with the juvenile court in the county where the child resides.
- Investigation: The county or social services agency typically conducts an investigation before filing a CHIPS petition to assess whether the child is at risk and to gather information on the situation.
- Hearing: Once the petition is filed, the court schedules a CHIPS hearing where a judge will decide if the child is, indeed, in need of protection or services. The judge will consider evidence, including testimony from social workers, parents, and other involved parties.
In extreme cases, the county may remove a child from their home on an emergency basis before a full CHIPS petition is filed, if there is an immediate threat to the child’s safety.
Outcome of a CHIPS Case
If the court finds that the child is in need of protection or services, it may order interventions, such as:
- Placement of the child in foster care or with relatives.
- Services for the child or family, such as counseling, substance abuse treatment, or parenting education.v
- Supervision by social services to ensure the child’s safety.
- Reunification efforts to help the family resolve issues and bring the child back home.
If the case does not lead to reunification, it may result in the termination of parental rights (TPR) and adoption proceedings.
If you are involved in a CHIPS case or are concerned about your child’s safety or well-being, it’s important to seek legal advice to understand your rights and responsibilities. Legal counsel can help you navigate the complexities of the child protection system in Minnesota. For more information contact Tuft, Lach, Jerabek & O’Connell, PLLC online or at 651-771-0050 to schedule a consultation with one of our experienced family law attorneys.
