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Common Mistakes Parents Make During a CHIPS Case


Losing time with your child is one of the worst outcomes a parent can face – and in Minnesota, CHIPS cases, decisions you make in the first weeks often determine whether reunification is possible at all. Parents who understand what’s at stake tend to respond differently than those who don’t.

Ignoring or Delaying Case Plan Requirements

The out-of-home placement plan is a roadmap that the court uses to measure your progress. Under Minn. Stat. § 260C.178, the plan is developed early in the case and sets the terms for reunification. Failing to engage promptly – missing chemical dependency evaluations, skipping parenting classes, or postponing mental health appointments – signals to the court that you are not committed to getting your child back.

And the clock starts running immediately. Under Minn. Stat. § 260C.301, if a child has been in out-of-home care for 15 of the most recent 22 months, the county attorney is generally required to file a termination of parental rights petition. That window closes faster than most parents expect. Delay in the early months is difficult to recover from.

Minimizing or Denying the Concerns That Brought the Case

Courts don’t expect parents to be perfect. They expect parents to take responsibility for the circumstances that led to a case. Parents who dismiss the concerns of the agency, argue that there was nothing wrong, or refuse to use services they believe to be unnecessary, make the social worker’s job more difficult – and their case weaker.

Minn. Stat. § 260C.007 identifies a broad range of circumstances that can lead to CHIPS proceedings. The agency seeks recognition that something needs to be changed, not an admission that you are a bad parent. There is a significant difference between these two things.

Missing Court Hearings or Appointments

Every absence matters. Missing hearings can result in court orders being issued without your input. Missing appointments with social workers or service providers is documented and presented to the judge as evidence of non-compliance.

The court reviews your progress at regular intervals under Minn. Stat. § 260C.201. Each review is an opportunity – or a setback, depending on what the record shows. Parents who show up consistently, even when things aren’t going perfectly, fare better than those who disappear and try to catch up later.

Communicating Poorly With the Social Worker

Your caseworker is not your adversary, even when it feels that way. Parents who are hostile, unresponsive, or evasive create a paper trail that hurts them at every review. The agency is required under Minn. Stat. § 260.012 to make reasonable efforts toward reunification. But that obligation runs both ways – you have to give them something to work with.

Return calls. Answer emails. Be honest about setbacks before the caseworker finds out on their own. A parent who proactively reports a relapse and re-enters treatment is in a very different position than one who gets discovered.

Waiting Too Long to Get Legal Representation

This is the most costly mistake. Many parents assume they can handle the early stages on their own, then hire an attorney when things get serious. By then, critical decisions have already been made and documented.

Minnesota now requires that attorneys be appointed to qualified parents at all stages of juvenile protection proceedings. Even so, having your own attorney from the start – someone who understands the local court system and can help you respond to the agency’s plan before it becomes harder to change – makes a significant difference. The Fergus Falls court has its own procedures and experience with them is important.

Take the Next Step Today

CHIPS cases move fast. If your child has been removed or you’ve been told that a petition may be filed, the time to act is now, not after the next hearing. At 29th & Law PC, we work with parents across the Fergus Falls area to build a real strategy from day one – one focused on keeping your family together. Reach out today for a free consultation.