If your family is dealing with a Child in Need of Protection or Services (CHIPS) situation in Minnesota, know that you are not alone. Understanding the process is the first step towards protecting your rights and the future of your child – this is what we are trying to do here.
What Is a CHIPS Case?
In Minnesota, a CHIPS proceeding, short for Child In Need of Protection or Services, is a civil legal process initiated when there is concern about a child’s safety, health, or well-being. It is governed by Minnesota Statutes § 260C.007 and is not a criminal proceeding. Instead, it assesses the child’s situation to determine what services or interventions are necessary to ensure their safety.
CHIPS cases can be initiated by reports of abuse, neglect, truancy, or a parent’s request for services. The Minnesota Department of Human Services (MN DHS) Child Protection works with county agencies to investigate these reports and determine whether court intervention is necessary.
Common Types of CHIPS Cases
Not every CHIPS case is the same. There are several common categories, including:
- Child Protection (Abuse & Neglect) – Cases involving physical, emotional, or sexual abuse, or a lack of adequate care.
- Truancy – Situations where a child has chronic unexcused absences from school in accordance with Minn. Stat. § 260C.007, Subd. 6.
- Voluntary Placement – When a parent or guardian places a child in foster care voluntarily due to temporary inability to provide care for the child.
- Runaway and Habitual Truancy – Children who repeatedly leave home without permission or refuse to attend school.
How Does the CHIPS Process Work in Minnesota?
Once a CHIPS petition has been filed by the county, the Minnesota district court takes jurisdiction over the matter. The court will schedule an arraignment and, if necessary, an adjudicatory hearing to determine whether the child is in need of protection or services. During this process, the court operates on the guiding principle that the best interests of the child are of utmost importance, as established in Minn. Stat. § 260C.001.
If the court determines that the child needs protection, it may create a case plan – a structured set of goals and services that the family must complete. This plan may include parenting classes, drug or alcohol treatment, mental health counseling, housing assistance, or other community-based support services. The child may continue to live at home during this time or may be temporarily placed in foster care.
What Happens If the Case Plan Is Not Followed?
Failure to comply with a court-ordered case plan can have serious consequences. According to Minn. Stat. § 260C.301, if parents do not make reasonable efforts towards reunification within a specified timeframe, the county can petition to terminate parental rights (TPR). Minnesota law generally requires that if a child has been in foster care for 15 out of the last 22 months, a permanency review must be conducted, which can result in TPR if no progress is made.
This is why it is crucial to have skilled legal representation from the very beginning of your case – decisions made early on can significantly affect the long-term outcome for your family.
Your Rights as a Parent in a CHIPS Case
Parents involved in child custody proceedings have important legal rights. These include the right to receive notice of all court hearings, the right to have an attorney represent them, and the right to present evidence and question witnesses. If parents cannot afford an attorney, the court can appoint one under Minnesota Statute 260C.163. Additionally, a child will be appointed a Guardian ad Litem, or GAL, who is a trained volunteer or professional advocate who will independently represent the child’s best interests in court.
How 29th and Law PC Can Help
At 29th & Law PC, we understand that child protection cases are among the most emotionally challenging legal matters that a family can face. Our child protection attorneys in Fergus Falls handle a wide range of child-protection related matters, including allegations of abuse and neglect, voluntary placement, defense of parental rights, foster care disputes and custody decisions arising from child-protective proceedings.
Whether your goal is to reunite your family or to ensure your child’s safety, we will fight fiercely and compassionately at every stage of the process.
You don’t have to face the CHIPS case alone. Contact us today to speak with an experienced child protection attorney about your situation.