Rochester Minnesota Child Protection Lawyer

CHIPS Attorney Minnesota

Child in Need of Protection or Services, or CHIPS as they are known, are petitions that are bought in an effort to obtain services and assistance for children who are in need due to their family situation or other circumstances. CHIPS proceedings are usually started by the county’s social services department. They can base their petition on information they have learned on their own or on information that has been relayed to them by other people such as teachers, neighbors, or daycare providers. In some instances, when social services refuse to bring a CHIPS petition, it is possible to start a private CHIPS action. If you feel that social services is not doing enough regarding a CHIPS petition, or if social services has filed a CHIPS petition against you, contact a Rochester Minnesota CHIPS lawyer to see how we can help.

CHIPS Process

Once a private CHIPS petition has been filed, the social services department conducts an investigation and makes a determination as to whether the allegations are true or not. CHIPS cases usually fall under one of these categories:

• Juvenile delinquency and criminal offenses
• Truancy
• Child neglect
• Child abuse

The goals of a CHIPS action, as stated in the petition, are:

• "reasonable efforts "to reunite the child with the child's parents or guardians in a home that is safe and permanent; and
• if the placement with the parents is not reasonably foreseeable, to secure for the child a safe an permanent placement, preferably with adoptive parents or a fit and willing relative through the transfer of permanent legal and physical custody

There is a lot of contention as to what "reasonable efforts" are. If you feel that your voice is not being heard and the investigation is very limited and may result in the children being removed from the home, it is important to have an experienced family law attorney on your side to help you through this and ensure that your children are returned to you.

Who is in Need of Protection or Services

A child may be deemed to be in need of protection or services if any of the following circumstances exist:

• child is abandoned or without parent, guardian, or custodian;
• child has been a victim of physical or sexual abuse and resides in the home where the abuse took place;
• child is without necessary food, clothing, shelter, education, or other required care because the child's parent is unable or unwilling to provide that care;
• child is without the special care made necessary by a physical, mental, or emotional condition because the child's parent is unable or unwilling to provide that care;
• child is medically neglected;
• child is in the care of a parent who for good cause desires to be relieved of the child's care and custody;
• child has been placed for adoption or care in violation of the law;
• child is without proper parental care because of the emotional, mental, or physical disability, or state of immaturity of the child's parent;
• child’s behavior, condition, or environment is injurious or dangerous to the child or others;
• child is experiencing growth delays, which may be referred to as failure to thrive, that have been diagnosed by a physician and are due to parental neglect;
• child has engaged in prostitution;
• child has committed a delinquent act or a juvenile petty offense before becoming ten years old;
• child is a runaway; or
• child is a habitual truant.

Request a Free Consultation

If you have additional questions about CHIPS proceedings in Minnesota, please contact the Dilaveri Law Firm today. We always offer free initial consultations to our clients. Call  507.206.6020 or complete our free case evaluation form.