Dcs Indiana Policy (2024)

FAQs

What are the grounds for CPS to remove a child in Indiana? ›

Emergency removal may be necessary if all of the following factors are present: 1. It appears that the child's physical or mental condition is seriously impaired or seriously endangered if the child is not immediately taken into custody; 2. There is not a reasonable opportunity to obtain an order of the court; and 3.

Examples of Unsafe Environments

An unstable or unsafe home can take many forms, including the presence of domestic violence, emotional and sexual abuse, alcohol addiction, mental health issues, and uninvolved or inconsistent parenting.

Parents Rights When Dealing with DCS in Indiana

The right to have a detention hearing held by a court within 48 hours after the child's removal from the home, and the right to request the return of the child at such hearing. Right to be represented by an attorney at each court proceeding on the CHINS petition.

Many people wonder, “What does CPS look for in a home visit?” The major factors are making sure the home is a safe place for the child. For example, they look at the quality of the sleeping conditions, how much food is available, and if the child has enough clothing to determine if there's any sign of neglect.

Although CPS can show up to your home without notice, they cannot enter without your consent. Unless CPS has a court order, or they believe your child is in immediate danger, they can't enter your home unless you say it's okay.

Upon the completion of the assessment, a finding of “substantiated” or “unsubstantiated” must be made to determine next steps for the child and family. DCS will make an assessment finding no later than 40 days from the date the Preliminary Report of Alleged Child Abuse or Neglect (310) was received.

If a parent is abusive, has a drug or alcohol problem, mental health issues, or is unable to provide a stable home environment because of their financial problems that do not allow them to support their children adequately, these would all qualify as unfit.

An unstable parent often exhibits mental health issues, substance abuse, erratic behavior, inability to meet children's basic needs, and financial or legal troubles, affecting their capacity to provide a stable environment for their child.

A messy house is not grounds for removal. A dirty house that presents a danger to a child is grounds for removal.

The new law requires DCS to provide lists of insurers for foster youth without needing a guardian co-signer, and foster families are now eligible for tax credits for insuring foster youth.

What happens if you ignore CPS Indiana? ›

Ignoring or refusing to cooperate with CPS can lead to serious legal consequences. These may include fines, probation, or in more severe cases, the loss of child custody. Understanding the severity of these legal ramifications is critical for informed decision-making when dealing with CPS.

This does not mean that it is wise to deny the interview — depending on your specific case — refusing to speak to DCS may cause more harm. This is a strategic decision to make with counsel. Misstating to the DCS workers can also be used against you and may be included in their reports.

Here are commonly seen indicators that could alert authorities: Repeated injuries for which the child or parent cannot provide a clear explanation. Wearing long sleeves or layers to cover bruises, even in hot weather. Fearful behavior towards parents or other adults, which may look like excessive shyness or aggression.

Generally, no. You do not have to let a CPS worker enter your home unless they have a valid search warrant or declare an emergency.

Only the police can do this, and even they have to have a search warrant from a judge. You have every right to refuse any social service people admission to your home.

Neglect is the chronic failure to meet the basic needs of a child for food, clothing, shelter, medical care, education, or supervision.

Common situations include allegations of physical or mental abuse, significant changes in the financial situation of the custodial parent, health issues of the parent or child, a contention that the home environment provided by the custodial parent is unsafe, or the relocation of the custodial parent.

There is no law against cosleeping. If they show up at your door, just demonstrate that you know how to cosleep safely, you do not drink or take drugs, and show them that your LO does have a sleeping area of their own. Even some CPS workers Cosleep.

The answer is usually no; a parent cannot stop a child from seeing the other parent unless a court order states otherwise. And what is more, keeping a child away from the other parent can seriously backfire. This issue often comes up in the following situations.