Juvenile

What happens at the trial?
The trial or "hearing on the merits" is held to determine whether, beyond a reasonable doubt, the child is a Child in Need of Services as defined by law. The child has a right to a hearing in front of a judge or jury made up of members of the community. The child and his or her court appointed attorney must be present at the hearing. The child has a right to present evidence in support of his or her position, and a right to cross-examine adverse witnesses. Witnesses may include the probation officer, truant officer, parents, other school officials, and social service providers.
Nothing that the child or any other person said during informal assistance can be used against the child during the trial.
Remember that if the behavior attributed to the child is infrequent, isolated or due to no fault of the child, the child should not be a CHINS.

What happens if the judge or jury finds that the child is a Child in Need of Services?
If the judge or jury concludes that the child is a Child in Need of Services, the judge must consider the best interests of the child, including his or her emotional and physical welfare, and can do any of the following:

• Allow the child to remain in the custody of his or her parent or legal guardian.
• Place the child with a relative, probation officer, other adult or private agency who is found fit to care for the child
• Place the child in the care and custody of DSS. DSS will decide where the child will live, based on what the child's social worker thinks is best.

The judge's order can include any conditions and limitations, including provision of medical, psychological, psychiatric, educational, occupational or social services, and for supervision by the court clinic or public agency providing counseling or guidance services.
The case should be reviewed by the judge at least every six months to see how the child is doing. The case can be brought in front of the judge sooner if the child continues to run away, be truant, or engage in the behavior that prompted the CHINS, or if the child is doing well and the parties agree that custody should return to the guardian before the six month period is over. Throughout the case, the judge can order a change in the child's placement if it seems necessary.

When can a CHINS be dismissed?
The case can be dismissed at the six-month review if the judge finds that "the objectives of the CHINS have been met." This usually means that the child can show that the behavior that prompted the CHINS has not occurred in at least a few months. If the objective of the CHINS has not been met, the CHINS will be extended for another six months for a review.
If the CHINS is for truancy, the case automatically should be dismissed when the child turns sixteen. At that point however, the child's parents sometimes file a CHINS because the child is not following the rules of the home.
If the CHINS is not dismissed for any other reason, it will be dismissed when the child turns eighteen.

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