When you’re involved in a CHIPS (Children in Need of Protection or Services) or TPR (Termination of Parental Rights) case, the legal process can be overwhelming and intimidating. Understanding what to expect during court hearings is crucial in navigating this difficult time.
In this blog, we’ll walk you through the steps of a CHIPS or TPR hearing in Minnesota, including Emergency Protective Care (EPC) hearings and admit/deny hearings, so you feel more prepared.
The First Step: Emergency Protective Care (EPC) Hearing
In many CHIPS cases, the court process begins with an Emergency Protective Care (EPC) hearing. This hearing typically takes place within 72 hours of a child being removed from the home due to concerns for their immediate safety or welfare. At the EPC hearing, the court will determine whether the child should remain in protective custody (such as foster care or with a relative) or be returned home under certain conditions.
The judge will hear arguments from the county attorney, who represents social services, and from your attorney, who will advocate for your parental rights. If you have a CHIPS hearing lawyer in Minnesota, they will work to present evidence and argue for your child to be returned home, if it is safe to do so. The judge will consider whether the child is in immediate danger and whether less restrictive measures, such as protective supervision, could be put in place.
The Admit/Deny Hearing: What It Means for You
Following the EPC hearing, the court will schedule an admit/deny hearing. This is an important stage in the CHIPS process, where you, as the parent, have the opportunity to either admit or deny the allegations in the CHIPS petition. If you admit the allegations, the case will move forward to the development of a case plan to address the concerns raised by social services. If you deny the allegations, the case will proceed to a trial-like fact-finding process.
It’s essential to have a Minnesota CHIPS attorney by your side during the admit/deny hearing. Your attorney will help you understand the specific allegations against you, advise you on the best course of action, and advocate for your rights in court. This hearing is crucial because it sets the stage for how the rest of the case will proceed. If you deny the allegations, the court will move toward a contested hearing where both sides will present evidence.
Contested Hearing or Trial
If you deny the allegations at the admit/deny hearing, the next step is typically a contested hearing. This is where the court will hear testimony and review evidence to determine whether the allegations in the CHIPS petition are supported by the facts. Witnesses, such as social workers, doctors, teachers, and sometimes even the children themselves, may testify.
A CHIPS hearing lawyer in Minnesota will play a vital role in presenting your defense, challenging the evidence presented by social services, and questioning the credibility of witnesses. Your lawyer will also help you gather and present evidence that supports your ability to care for your child, such as proof of compliance with therapy, parenting classes, or other requirements.
Court Reviews and Permanency Hearings
Once the court has made an initial ruling, the process doesn’t end there. CHIPS cases require regular court reviews, often every 90 days, to monitor the family’s progress. These review hearings are an opportunity for your attorney to ensure that social services is fulfilling its obligations to provide support and resources, such as parenting classes or mental health services, that can help reunify your family.
During these hearings, the judge will assess whether you are complying with your case plan and whether reunification with your child is on track. Your lawyer will ensure that your rights are protected and will help you demonstrate the progress you’ve made.
If reunification isn’t achieved within the designated time frame (typically 365 days), the court may hold a permanency hearing to decide whether the child should remain in foster care, be returned to the home, or whether the county should pursue Termination of Parental Rights (TPR).
What Happens at a TPR Hearing?
A Termination of Parental Rights (TPR) hearing is one of the most serious and emotionally challenging proceedings a parent can face. This hearing occurs if the county determines that reunification efforts have failed, and the best option is to permanently sever the legal relationship between you and your child.
During a TPR hearing, the county must present evidence showing that they made “reasonable efforts” to help you comply with your case plan and reunite with your child. However, if they believe that those efforts have not been successful, they will argue that terminating your parental rights is in the child’s best interests.
A TPR hearing can be complex, and it’s essential to have a skilled Minnesota CHIPS attorney representing you. Your attorney will challenge the county’s evidence, argue that reasonable efforts weren’t made, and present evidence showing your ongoing efforts to comply with the case plan. It’s a high-stakes process, and the outcome will have a lasting impact on your family.
How a CHIPS Hearing Lawyer in Minnesota Can Help
Navigating CHIPS and TPR hearings is a complicated and emotionally charged process. Having an experienced CHIPS hearing lawyer in Minnesota is critical to protecting your parental rights and ensuring you have the best chance of keeping your family together. Here’s how a lawyer can help:
- Guiding You Through the Process: The legal process can be overwhelming, but a lawyer will explain each step and help you prepare for what’s ahead.
- Advocating for Your Rights: Your lawyer will advocate on your behalf during hearings, ensuring that your voice is heard and that the court considers your efforts to comply with the case plan.
- Challenging the County’s Evidence: An experienced lawyer will carefully review the evidence presented by the county and challenge any inaccuracies or unsupported claims.
- Providing Support: Beyond legal guidance, your attorney will provide emotional support during this difficult time, helping you stay focused on the goal of reunification with your child.
Get the Legal Help You Need for a CHIPS or TPR Hearing
If you’re facing a CHIPS or TPR hearing, it’s crucial to have a knowledgeable attorney by your side. At Sieben Edmunds Miller, our experienced CHIPS hearing lawyers in Minnesota are here to help you navigate the legal process, advocate for your parental rights, and work toward the best possible outcome for your family.
Contact us today for a free case evaluation and let us help you protect your family’s future.
