When facing a CHIPS (Children in Need of Protection or Services) case, parents often feel overwhelmed, confused, and uncertain about what rights they still have. While the court and social services are involved in determining what is best for the child, parents are not without legal protections. Understanding your rights in a CHIPS case is essential to navigating the process and working toward reunification with your child.
In this guide, we’ll break down the key rights parents have during a CHIPS case, including their role in court proceedings, social services’ obligations, and visitation rights. With the help of an experienced CHIPS defense lawyer, you can ensure that your parental rights are upheld throughout the case.
Your Right to Be Informed and Heard in Court Proceedings
When a CHIPS case is filed, the court must follow specific legal procedures to determine what happens next. Parents have the right to:
- Be Notified of All Court Hearings – You must receive notice of all CHIPS-related hearings and have the opportunity to attend.
- Have Legal Representation – You have the right to hire a CHIPS defense lawyer to advocate for you in court. If you cannot afford a lawyer, you may be eligible for a court-appointed attorney.
- Present Evidence and Witnesses – During hearings, you can present evidence, call witnesses, and challenge the claims made by social services.
- Understand the Allegations Against You – The county must specify the reasons for the CHIPS petition and provide supporting evidence.
- Request a Trial – If you deny the allegations, you have the right to a fact-finding hearing (similar to a trial), where the county must prove its case.
Having a skilled attorney by your side ensures that your rights are not ignored and that the court receives a full and fair picture of your situation.
Your Right to Reasonable Efforts from Social Services
Social services agencies are required to provide “reasonable efforts” to help parents address concerns and work toward family reunification. These efforts may include:
- Providing Support Services – Parents should receive access to resources such as parenting classes, substance abuse treatment, mental health counseling, and housing assistance.
- Helping Parents Comply with the Case Plan – The agency must work with you to create a case plan outlining what you need to do to regain custody of your child.
- Facilitating Family Reunification – If reunification is possible, social services must take steps to support a safe and timely return of the child to your home.
- Making Court Reports Available – Parents have the right to review reports prepared by social workers and challenge inaccuracies.
If you believe social services is not making reasonable efforts to assist you, your CHIPS defense lawyer can bring this to the court’s attention.
Your Right to Visit Your Child During a CHIPS Case
Even if your child has been removed from your home, you still have the right to regular visitation unless the court specifically determines that visits would be harmful to the child. Your visitation rights include:
- Regularly Scheduled Visits – The court typically sets up a visitation schedule to ensure you can maintain a relationship with your child.
- Supervised or Unsupervised Visits – Depending on the case details, visits may be supervised by a social worker or allowed without supervision.
- Involvement in Major Decisions – Parents still have a right to be involved in decisions about their child’s healthcare, education, and religious upbringing while the case is ongoing.
- Requesting Additional Visitation – If you are making progress in your case plan, your attorney can request increased visitation time or fewer restrictions.
If your visitation rights are being unfairly limited, a parental rights lawyer in CHIPS cases can advocate for you to ensure that your bond with your child remains strong.
Special Considerations: Rights Under ICWA and MFPA
If your child is of Native American descent, additional legal protections apply under the Indian Child Welfare Act (ICWA) and the Minnesota Indian Family Preservation Act (MFPA). These laws provide:
- Higher Standards for Removal – The court must find clear and convincing evidence that the child is at risk before approving removal.
- Greater Tribal Involvement – Tribes must be notified and given the opportunity to participate in the case.
- Preference for Placement with Relatives or Tribal Members – ICWA and MFPA prioritize keeping Native American children within their families or communities.
If your child’s case falls under ICWA or MFPA, a CHIPS defense lawyer with experience in these cases can help ensure your rights are fully protected.
Protect Your Parental Rights with the Help of a CHIPS Defense Lawyer
CHIPS cases are complex, and without proper legal representation, parents can feel powerless in the process. However, understanding your rights—and enforcing them—can make a significant difference in your case’s outcome. An experienced CHIPS defense lawyer can help you:
- Ensure you receive the support services required under the law
- Challenge inaccurate reports or evidence presented by social services
- Advocate for increased visitation or reunification
- Defend against unnecessary or unjustified parental rights termination
At Sieben Edmunds Miller, we are dedicated to protecting parental rights in CHIPS cases and guiding families through this difficult process. If you’re involved in a CHIPS case, don’t navigate it alone. Contact us today for a case evaluation to discuss your rights and legal options.
