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CHILD
IN NEED OF SERVICES (CHINS)
This Court proceeding
asks the Judge, or Court Commissioner, for help with children who will
placed outside of the home.
Before a CHILD IN
NEED OF SERVICES petition can be filed, the following situation must
exist:
The child must
be under 18 years old.
And, per
RCW 13.32A.030(5)(a-c)
(5) "Child
in need of services" means a juvenile:
(a) Who is beyond
the control of his or her parent such that the child's behavior
endangers the health, safety, or welfare of the child or other person;
(b) Who has been reported to law enforcement as absent without consent
for at least twenty-four consecutive hours on two or more separate
occasions from the home of either parent, a crisis residential center,
an out-of-home placement, or a court-ordered placement; and
(i) Has exhibited
a serious substance abuse problem; or
(ii) Has exhibited behaviors that create a serious risk of harm
to the health, safety, or welfare of the child or any other person;
or
(c)
(i) in need
of:
(A) Necessary
services, including food, shelter, health care, clothing, or
education; or
(B) services designed to maintain or reunite the family;
(ii) Who
lacks access to, or has declined to utilize, these services;
and
(iii) Whose parents have evidenced continuing but unsuccessful
efforts to maintain the family structure or are unable or
unwilling to continue efforts to maintain the family structure.
If the Judge, or
Court Commissioner, finds that the child is a CHILD IN NEED OF SERVICES,
based on the above criteria, they may enter a Court Order placing the
child in an out-of-home facility, change the proceeding to an AT RISK
YOUTH case, or Order the Department of Social and Health Services (DSHS)
to file a Dependency case with the Court. The usual Court Order addresses
out-of-home placement and substance abuse evaluation/treatment.
Failure to comply
with the Court Order can result in a finding of Contempt resulting in
community service work, a fine or detention.
The Court Order,
in a CHILD IN NEED OF SERVICES case, can remain in effect for up to
9 months, and does not affect the parent’s financial responsibility
for the child.
HOW TO PROCEED:
Steps to take before
Filing:
Please call the DCYF intake line in order to complete an assessment done by a social worker: 1-866-829-2153
The DCYF Office is located at:
900 East College Way, Suite 200,
Mt Vernon, Washington 98273
Office: (360) 416-7200
DCYF can provide preliminary problem solving and assessments for families. Note that all other resources must be attempted to resolve the problem before the Court will accept the petition.
Forms are available at:
Office of Juvenile Court
611 South 2nd Street
Mount Vernon, \Va 98273
Office: (360)416-1230, Fax: (360)416-1240
or
Can be
downloaded by clicking here: CHINS
LEGAL FORMS
Filing a Petition:
- Complete
1) a PETITION,
2) a NOTICE
OF HEARING, and 3) a CONFIDENTIAL
INFORMATION FORM.
- Submit
(File) all 3 forms at the Skagit County Clerk's Office (1st floor
of County Courthouse). All forms must be submitted between 8:30am -12:00pm
(Monday-Friday)
- Tell the
clerk you are filing a Child In Need of Services Petition. If you
already have a Family Assessment Report from Family Reconciliation
Services (DSHS/DCFS), submit it with the other 3 forms as well. Be
sure the clerk stamps the court case number on each form you submit.
- The clerk
will tell you when and where to appear in front of a Judge/Commissioner.
Normally, you will appear that same day, or the next business day,
on what is called the Ex-Parte calendar which starts at 1:15pm each
day (Monday-Friday)
- During
the Ex-Parte hearing, the Judge/Commissioner will review the Petition.
If approved, a Fact Finding hearing will be scheduled. You may bring
your own attorney, if you wish. The youth will be assigned a court
appointed attorney.
- After the
hearing, assuming the petition is approved, go to the Clerk's Office.
Request 3 copies each of the Petition, Notice of Hearing, and Family
Assessment Report, if applicable. One set is for you to keep, the
2nd set is to be given (served) to the youth in question (if possible),
and the 3rd set is to be taken to the 3rd floor of the Courthouse
and given to the Office of Assigned Counsel.
Preparing for Court:
Give a copy of
the NOTICE OF HEARING and PETITION to your child as soon as possible
after the filing process.
If your child
is a runaway and can’t be located, simply appear for the scheduled
Fact Finding Hearing and so advise the Court. A warrant may likely
be issued for your child’s arrest.
Fact Finding Hearing:
The Fact Finding
Hearing is to determine if the child is an AT RISK YOUTH or a CHILD
IN NEED OF SERVICES (as defined by law).
Present why you
are coming to the Court and what you want the Court to do. It is a
good idea to prepare what you want to say in writing.
Disposition Hearing:
If your child
is found to be an AT RISK YOUTH or a CHILD IN NEED OF SERVICES, a
Disposition Hearing will be scheduled. Disposition Hearings generally
take place two weeks after the Fact Finding Hearing concludes.
At the Disposition
Hearing, you and your child can present any evidence about the child’s
behavior and problems and ask for specific requirements in the Court
Order.
A temporary Order,
to help control the child’s behavior between hearings, is sometimes
entered depending upon the situation.
Review Hearings:
Review Hearings
are generally scheduled for about 3 months after the Disposition Hearing.
Contempt Hearings:
If the child does not cooperate
with the Court Order, the parent may, AT ANY TIME, request
a Contempt or Show Cause Hearing.
Parents should keep a written
list of violations (include the behavior, the date, and the time).
When there are either a) a significant number of violations or b)
a serious violation, a Contempt Hearing should be requested.
Complete 1) a CONTEMPT
MOTION, 2) a CONTEMPT
HEARING NOTICE and 3) a CONFIDENTIAL
INFORMATION FORM.
Submit (File) all 3 forms
at the Skagit County Clerk's Office (1st floor of County Courthouse).
All forms must be submitted between 8:30am -12:00pm (Monday-Friday)
Normally, you will be scheduled
before the daily Ex-Parte Calendar (Monday-Friday) which starts at
1:15pm. The Judge/Court Commissioner will review the Motion and then
schedule a hearing date.
After the hearing, assuming
the Motion is approved, go to the Clerk's Office. Request 3 copies
each of the Motion and Notice of Hearing. One set is for you to keep,
the 2nd set is to be given (served) to the youth in question (if possible),
and the 3rd set is to be taken to the Public Defender's Office, Juvenile
Division.
Duration of Orders:
A CHILD IN NEED
OF SERVICES case can be dismissed after THREE (3) MONTHS, if the child
cooperates. If the Child does not cooperate, the Order can be extended
for up to SIX (6) MORE MONTHS.
Note: You
cannot file an ARY and CHINS petition. Do not file both. The Court will
dismiss one of the cases, if you attempt to file both.
Note: Filing
a CHINS petition does not relieve a parent of financial responsibility
for their child.
Note:
Additional documents may be required by local county superior court
rules.
Important:
To obtain legal advice you should contact a lawyer (for "full service"
representation or for "limited" representation) or, if you
cannot afford one, contact a low cost or free legal service program.
For a referral to a lawyer or a legal service program, call CLEAR (888)
201-1014. If you are the victim of domestic violence, you may also obtain
assistance from the Domestic Violence Hotline (800) 562-6025.
The
Skagit County Family Law Facilitator cannot provide legal advice,
but might be able to offer limited assistance depending on the type
and nature of your case. Directions and forms on this page are not legal
advice and are provided only for reference purposes.
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