When the state intervenes in a family’s life through a Child in Need of Protection or Services (CHIPS) case, it can be a difficult and stressful time for everyone involved. This is especially true for grandparents and other relatives who love the child and want to help. You see a child in a vulnerable situation and your first instinct is to want to protect them. One common and important question that arises is: “As a grandparent or other relative, can I get custody of the child in a CHIPS case?”
The short answer is yes, it is possible. However, the process can be complicated and requires navigating through specific legal procedures. At 29th & Law PC., we specialize in finding practical solutions to complicated legal issues. Our goal is to make this process more understandable for you by advocating for the best interests of the child and providing clear legal guidance.
Understanding the CHIPS Case Framework
A CHIPS case is a legal proceeding initiated by the court when a child is deemed to be in need of protection or services. This may be due to allegations of abuse, neglect, or behavior that places the child’s well-being at risk. The primary goal of Minnesota’s child protection system, as outlined in Statute 260C.001, is to ensure the safety and well-being of the child, preserve the family unit, and reunite the child with their family whenever possible.
The court, in collaboration with county social services, will develop a case plan to address the issues that led to the filing of CHIPS. Initially, it is often preferable for the child to stay with their parents while the plan is being worked on. However, if it is not safe for them to remain at home, the court may need to find another arrangement.
The Preference for Kinship Placement
Minnesota law strongly favors placing children with relatives or friends of the family, known as “kinship placements,” over traditional foster care with strangers. This preference is based on the understanding that maintaining connections with family and the community is essential for a child’s sense of stability and well-being.
According to Minnesota Statute § 260C.212, when a child is removed from their home, the county agency is required to exercise “due diligence” in identifying and notifying adult relatives, including grandparents, aunts, uncles, and other family members, about the child’s situation. The court must consider whether there is an adult relative who is willing and able to provide a safe and suitable home for the child.
This means that, at the very beginning of a CHIPS case, you should let the county social worker and the court know that you are interested in being involved. You may be considered for temporary physical and legal custody as a “relative foster care” provider while the parents work towards reunification.
Pursuing Long-Term Custody: Permanency Options
As the CHIPS case progresses, if the parents are unable to successfully complete their case plan, the focus of the court will shift from reunification to finding a permanent home for the child. This process is known as “permanency hearings”. At this stage, grandparents and other relatives have several options for securing long-term custody of the child.
Transfer of Permanent Legal and Physical Custody
This is a common situation where the court decides that reunification with parents is not possible, but adoption is also not necessary. The court can transfer permanent legal and physical custody to a relative if it is in the best interests of the child. This gives the relative the same legal rights and responsibilities as a parent, while maintaining the child’s legal connection to their biological parents.
Becoming a Party to the Case
As a relative providing care for a child, you may be entitled to formally participate in the CHIPS process. This will give you stronger legal standing in court and allow you to provide evidence, express your opinion, and advocate directly for the best interests of the child.
Adoption
In cases where parental rights are terminated, relatives may be considered for adoption. Adoption is a permanent legal arrangement that legally makes you the child’s parent.
How a Child Protection (CHIPS) Attorney Can Help
Navigating a CHIPS case as a family member can be challenging, as you are caught in the middle between your love for your child and the complex legal system. At 29th & Law PC, we understand the challenges of this process and are committed to helping you navigate it. We can:
- Advising you on your legal rights and the best course of action for your family’s situation.
- Helping you formally intervene in the CHIPS case to express your position.
- Working with county social workers to ensure that you are thoroughly evaluated and considered for placement.
- Supporting you and the child in court by presenting evidence that placing the child with you is in their best interests.
- Guiding you through the legal process of obtaining permanent custody or adoption.
You Don’t Have to Navigate This Alone
At 29th & Law PC., we believe that being an attorney is more than just arguing. It’s about finding the best solution to a complex problem. CHIPS cases can be emotionally challenging, but you don’t have to face them alone. If you’re a grandparent or relative involved in a CHIPS case seeking custody, we’re here to provide you with compassionate and practical legal support.
Contact 29th & Law PC today for a free consultation. Let us help you ensure that your child is in a safe, stable, and supportive environment.