Child in Need of Protection (CHIPS) cases are some of the most emotionally challenging and legally significant situations that families face. In Minnesota, these cases are governed by a well-established legal framework aimed at protecting children and supporting families towards resolution, and, if possible, family reunification.
At 29th and Law PC, we have child protection attorneys based in Fergus Falls dedicated to helping families navigate every stage of the CHIPS process with empathy, clarity, and legal expertise.
Understanding the timeline of a typical child protection investigation is essential for parents, caregivers, and advocates. Each case is unique, but Minnesota law establishes some key milestones that typically occur over several months. This month-by-month guide can help demystify the process and provide a better understanding of what to expect.
Month 1: Initiation and Emergency Intervention
A CHIPS case usually begins when a county social service agency files a petition stating that a child needs protection or services due to abuse, neglect, truancy, or other circumstances as outlined in Minnesota Statutes § 260C.007. If there is an immediate risk to the child’s safety, the court can issue an emergency order temporarily placing the child into custody with a relative or foster care provider while a full hearing takes place.
Within 72 hours (excluding weekends and holidays), a temporary custody hearing must be held according to Minn. Stat. § 260C.178. During this hearing, the court will decide whether the child should be removed from their home permanently and will appoint a lawyer for the parents if they don’t have representation.
Month 2: Adjudication Hearing
The adjudication hearing, which is usually scheduled within 30 days of filing the petition, determines whether the allegations made in the CHIPS petition have been proven by a majority of available evidence. If the court determines that the child needs protection or services, the case will proceed to disposition. At this stage, parents may agree, disagree or consent with the findings, and it is crucial to have legal representation to protect parental rights.
Month 3: Disposition and Case Plan Development
After the adjudication process, the court will hold a disposition hearing within 30 days. During this hearing, the judge will review the case plan developed by the county. The case plan outlines the services, visitation schedules, and goals for the family, often with a focus on reunification.
Months 4–6: Progress Reviews and Compliance
Every three months, the court holds review hearings to evaluate the family’s progress on their case plan. Social workers provide reports on service attendance, parental cooperation, and the child’s well-being. These meetings are crucial: consistent participation in court-ordered programs (such as parenting classes, drug rehabilitation, mental health therapy) strengthens the argument for reunification.
Month 9–12: Permanency Planning and Potential Termination
If reunification is still not possible after six to twelve months, the court will focus on permanent solutions. According to Minn. Stat. § 260C.204, the county will need to file a permanent plan for the child by the 12th month of their time in out-of-home care. Options include adoption, transfer of custody, or, if necessary, termination of parental rights.
Minnesota law requires that petitions for TPR (Termination of Parental Rights) meet strict legal grounds, such as abandonment, chronic neglect, or failure to improve conditions leading to placement outside the home. Even at this point, skilled legal representation can influence outcomes, such as voluntary placements or alternative care arrangements that maintain family connections.
Ongoing Support and Legal Advocacy
Throughout the CHIPS process, parents have the right to legal representation, visitation (unless restricted for safety reasons) and meaningful involvement in decisions that affect their child. At 29th and Law PC, we work hard to ensure that your voice is heard and your rights are protected, whether you’re seeking reunification with your child, contesting any allegations or going through a custody transition.
You Don’t Have to Face This Alone
CHIPS cases move quickly, and delays can harm your relationship with your child. If you are involved in a child protection case in Minnesota, please contact 29th and Law PC for a free consultation today. Our experienced CHIPS lawyers in Fergus Falls offer compassionate and strategic representation that focuses on the best interests of children and families. We will help you navigate this difficult journey with confidence and care.