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Re: CHIPS court We have our first CHIPS (child protection…

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Re: CHIPS courtWe have our...
Re: CHIPS courtWe have our first CHIPS (child protection custody case) hearing this week. It's called an admit/deny hearing.I was told it will probably be a quick hearing, but as my spouse and I have/are remedied/remedying much of what the initial petition was filed for in determining if we keep custody of our children, is there any chance at all it could be resolved in the first court hearing that we are fit to have our children back rather than have to wait for another court date?To summarize, the issues in the petition are no longer an issue, and it's been a while since it was filed, but court was postponed before so our lawyer could become familiar with us and the case. I know that's a fairly vague question but want to know if I should have any hope of having the kids before the holidays or if an admit deny hearing can only serve that purpose, and not look at what has been done on our end since.Thanks!
Submitted: 3 months ago.Category: Family Law
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Answered in 16 minutes by:
11/16/2017
Family Lawyer: Amber E., Family Law Attorney replied 3 months ago
Amber E.
Amber E., Family Law Attorney
Category: Family Law
Satisfied Customers: 1,488
Experience: Experienced practitioner in family law, including divorce, custody, and domestic violence cases.
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It is possible, as the agency can terminate their involvement at any time, but not the norm. The agency does look at what has been done, but the agency will generally want to also be sure that the parents' progress is not short-term, and so will seek to review or monitor the situation over time to ensure compliance. When parents are doing well, a case can be resolved in less than six months.

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Customer reply replied 3 months ago
Can't they give us the kids and have us on "probation" where they still check in, or do you mean that we'd be on probation and then get the kids?
Family Lawyer: Amber E., Family Law Attorney replied 3 months ago

Yes. What you're describing is what we call "trial placement," which is ordinarily requested by the parents' attorney at the earliest opportunity once it can be shown that the parents have made significant progress and/or whatever the concern was has been completely remedied. This can occur within thirty days on average, sometimes less.

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Customer reply replied 3 months ago
I'm not sure if this is state-specific. I'm in Minnesota. But I just found out on the court's website about Early Case Management/
Early Neutral Evaluation. They summarize it like this:"Early Case Management (ECM) is the early involvement of a judicial officer with the purpose of aiding in the case’s earlier resolution. Early Neutral Evaluation (ENE) is a confidential, voluntary, evaluative process designed to facilitate prompt dispute resolution in custody, parenting time (visitation), and financial matters."At our admit/deny hearing, we waived right to a trial and said we'd later have a triple party meeting or something like that where we informally meet with our lawyer and a new CPS worker and their attorney to discuss a goal plan of what we need to do to get the kids back. The court also appointed a guardian at litem.But does any of that have anything to do with this Early Case Management/
Early Neutral Evaluation program(s)? Would it be a good idea to request that, how does it work?http://www.mncourts.gov/Help-Topics/ENE-ECM.aspx#tab03CountyThanks for any feedback you can give me on this.
Family Lawyer: Amber E., Family Law Attorney replied 3 months ago

Unfortunately, ECM/ENE is geared more towards general custody matters, not CPS matters - these actions are technically occurring in two different courts, although they take place in the same building. Yes, the goal plan meeting is the next stage of the process that follows the answer hearing, there will be a discussion concerning what CPS expects to see in coming months, including any evaluations or testing they would like to see. The sooner the plan is complied with, the sooner they can terminate their case. It sounds as if your case is moving along timely.

You may want to look HERE (http://www.mncourts.gov/Help-Topics/Child-in-Need-of-Protection-or-Services-(CHIPS).aspx) for information pertaining specifically to the CHIPS process.

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