Understanding Child In Need Of Care (CINC) Cases

The initial 72-hour hearing in a Child In Need Of Care (CINC) case is a very important step in the legal process. It happens soon after a child is taken out of their home or when there are urgent concerns for their safety. This hearing sets the stage for what will happen next in the case. 

The main goal of the 72-hour hearing is to review why the child was taken out of the home and to decide on temporary custody arrangements. 

If the child is still with their parents, the hearing looks at whether the child is safe and doing well at home. The court will think about the situation and decide if the child can stay with the parents or if there need to be some protective measures in place. 

If the child has been removed from their parents the hearing focuses on where the child will temporarily stay. The court will check if the current place is suitable, look for any risks or concerns, and decide on what should happen next to take care of the child.

Different people are involved with the 72-hour hearing, like the judge, the lawyers representing the child, the parents or legal guardians, the Department of Children and Family Services (DCFS), and others who are connected to the case.

During the hearing, the court listens to what everyone has to say. They learn about why the child was taken out of the home, if the child is safe right now, what immediate help or services they need, and what is the plan for where the child will be placed.

Based on all the information, the court makes the decisions. If the child is with the parents, the court looks at the home conditions, if the parents can keep the child safe, and if there are any urgent dangers to the child. If the child has been removed, the court thinks about why they were taken out, if the current place is safe and right for them, and if the state needs to keep helping to protect the child.

During the 72-hour hearing, the court might also talk about a safety plan order. This is a plan that says how to keep the child safe while they are in temporary custody. It could include things like limits on contact or visits, the need for supervision, or other rules based on what’s happening in the case. 

The court’s decision in the 72-hour hearing depends on the situation. If the child is with the parents, the court might say what needs to happen to keep the child safe while they are still with the parents. If the child has been removed, the court decides if the temporary custody arrangement should keep going, like if the child should stay with a relative or go to foster care. They also make a plan for what will happen next with the child’s care, visits, and services.

The district attorney’s office, on behalf of the Louisiana Department Of Children And Family Services (DCFS), will formally request the court’s intervention to protect and care for the child by submitting a petition. The petition includes verified information about abuse or neglect found during the investigation. It presents evidence and arguments to show that the child is in a vulnerable situation and needs the court’s help for their safety and well-being. 

The parents receive a copy of the petition and have 15 days to respond. During this time, they can review the allegations, talk to a lawyer if they want, and prepare their own response. They can admit or deny the allegations, provide their own evidence or arguments, or ask for specific actions or outcomes in the case. It’s important for parents or legal guardians to respond to the CINC petition within the given time frame. If they don’t respond on time, the court may make decisions without their input. 

After the petition is filed, a court hearing will be scheduled to address the allegations and concerns. The court will review the evidence from the district attorney and may consider input from others involved, like the child’s parents or legal guardians, to decide if the child should be declared a CINC.

If the child has been removed from their home, the petition must be filed within 30 days. If a safety plan is in place instead of removal, the petition must be filed within 45 days. If the petition isn’t filed within these time frames, the child may be returned home or the case plan may be automatically terminated.

After the 72-hour hearing and the filing of the petition, there is an answer hearing scheduled. During this hearing, all the people involved, including parents or legal guardians, respond to the petition and share their thoughts and arguments about where the child should be placed and what other options could be considered. The court carefully looks at the evidence, listens to everyone’s arguments, and then makes a decision based on what’s best for the child. 

The answer hearing is meant to make sure that everyone gets a chance to speak up and share their opinions about what should happen with the child’s care. It helps the court understand the situation fully and make smart decisions that will keep the child safe and well. 

If the parents agree or admit to the allegations in the petition, the child can be officially recognized as a “Child In Need Of Care,” and then the court can move forward with the deposition hearing right away. However, if the parents deny the allegations and don’t agree with the claims, they have the right to challenge the accusations. In this case, an adjudication hearing is scheduled to figure out if the allegations are true or not.

When parents say that the allegations about their child needing care are not true, it means they disagree and don’t think their child needs help or protection.

Adjudication Hearing 

In this situation, the court arranges an Adjudication Hearing. During this hearing, both sides present their evidence and arguments. The people making the accusations (usually child protective services or the Department of Children and Family Services (DCFS)) and the parents get a chance to share their information and arguments. The goal is to figure out if the allegations are believable and if the child really needs care. 

During the Adjudication Hearing, both parties give their evidence, including things like witness statements, documents, and any other important information that supports their positions. The court looks closely at the evidence, thinks about how reliable the witnesses are, and makes a decision on what’s best for the child. The court also considers the child’s safety and well-being as very important factors when making their decision.

If the court finds enough evidence to support the allegations, they decide that the child is a Child In Need Of Care (CINC).

When parents agree or admit that their child needs help, they are accepting that there are concerns about their child’s well-being. They understand the issues and are willing to work with the court and child welfare system to ensure their child’s safety and care. 

In this case, the court will formally acknowledge the child as a “Child In Need Of Care.” This means that the court recognizes that the child requires support and protection due to issues like abuse, neglect, or harmful situations. It’s the court’s way of saying that they need to step in to ensure the child receives the necessary care and protection they need.

After the adjudication, the court moves on to a Disposition Hearing. The hearing is about figuring out what needs to be done to help the child and keep them safe. The court looks at different things like how serious the concerns are, the child’s age and development, and the family’s situation. 

During the Disposition Hearing, the court can give orders and make decisions about where the child should live, what services they need, and how they should be supervised. The goal is to provide the right support and help to make things better for the child and to do what’s in their best interest. Depending on what the child and family need, the court might order things like counseling, therapy, educational support, or having the child stay in foster care for a while. 

During the Disposition Hearing, a case plan is created. This plan explains the specific services, help, and things that the parents or caregivers must do to address the problems that led to the child being recognized as a CINC. The case plan is made to keep the child safe, help them do well, and ideally, bring the family back together if it’s possible.

When a child is found to need care, their health and safety are the most important things to consider when deciding what should happen next. The court can make different choices, like:

• Allowing the child to stay with a parent or another suitable person, but with specific conditions that are best for the child. 

• Placing the child in a private or public institution or agency that can take care of them. 

• Sending a child with a mental illness to a special institution for people with mental illness. 

• Giving guardianship of the child to someone who is not their parent. 

• Making any other decision or combination of decisions that the court thinks is best for the child. The court should choose the option that allows the child the most freedom, while still keeping them safe and looking after their best interests.

The court will only take a child away from their parents if there is no other way to make sure the child is safe and well cared for. Taking a child away from their parents is seen as a last resort, and the court will do everything possible to avoid it.

Once the court has made a decision about what should happen with a child, they will write it down all the details in a judgment of disposition. This includes 

• The specific decision that was made about the child’s care and situation. 

• How long the decision will last, with a maximum duration specified. 

• The agency, institution, or person who will be responsible for taking care of the child, along with any other agencies or people involved in providing services to the child as determined by the court. 

• Any additional conditions or rules that need to be followed based on the decision. 

The court is also required to provide written explanations for approving or rejecting any case plans. If the court believes that the case plans don’t adequately protect the child’s health and safety or aren’t in their best interest, they must explain the reasons behind their decision. The disposition order will remain in effect until the child reaches 18 years of age unless it has a specific expiration date mentioned within it.

When a child is taken out of their parent’s home, it’s important to have regular review hearings as part of the process. The first review hearing usually happens around six months after the child is removed. The purpose of the hearing is to check how things are going in dealing with the concerns that led to the child being taken out and to see if the child is safe and going well in their new place. 

After that, more review hearings are scheduled regularly, usually every six months or as decided by the court. These hearings are like checkpoints to keep an eye on how the child is doing. The frequency of the hearings can change depending on the situation and how well things are going in meeting the goals outlined in the case plan. 

Parents or legal guardians are notified about the review hearings. They are expected to attend and give updates, talk about their progress in addressing the problems that were identified, and take part in deciding what’s best for the child’s future. It is important for parents to be actively engaged and participate in the process to show that they care about their child’s well-being.

When a child is allowed to go back home to their parents during the disposition phase of a Child in Need of Care (CINC) case, it doesn’t mean that the case is automatically over. The court’s decision to let the child return home is based on what’s best for the child at that time, but the case may continue. 

Even if the child goes back home, there may be ongoing monitoring and follow-up to ensure their safety and well-being. The court might require a case plan that outlines specific conditions, services, or interventions to support the child’s continued safety and growth at home. 

The court may schedule more review hearings to check on the parents’ progress and the child’s well-being. These hearings make sure that the issues that led to the child being considered a CINC are being addressed and that the child is safe and doing well at home. 

The frequency of these review hearings can vary, but they often happen every three to six months. They are like checkpoints to see how things are going with the parents and to make sure the child is safe and doing well at home. The court looks at reports, gets updates from caseworkers or other professionals involved, and listens to input from the child, parents, and others involved. 

In addition to review hearings, the child welfare agency or assigned caseworkers may also do ongoing monitoring and supervision. This is to check that the parents are following the requirements and conditions in the case plan and that the child’s well-being is being taken care of. Caseworkers might visit the home, talk to the family, and assess the child’s living conditions, safety, and overall development. 

It’s important to know that the court’s orders and the frequency of review hearings and monitoring can depend on things like the seriousness of the concerns, the progress made by the parents, and the overall stability of the home. The goal is to keep supporting and overseeing things to ensure the child’s safety, well-being, and long-term stability within the family when it’s in the child’s best interests. 

A permanency hearing is held to make a final decision about what will happen to a child in need of care (CINC). The court's main priority is the child's best interests, and the ultimate goal is typically to bring the child back together with their parents if it's safe and suitable. 

This hearing should occur within 12 months after the child was removed from their home. If the child was taken out before a disposition hearing, the permanency hearing can take place after 9 months. The court determines a permanent plan for the child that is most appropriate and in the best interest of the child.

Permanency reviews shall continue to be held at least once every 12 months after the first permanency hearing until the child is permanently placed. If appropriate, a case review hearing and a permanency hearing can be scheduled together. 

Before a formal Child in Need of Care (CINC) process starts, sometimes people try to work things out through informal adjustment agreements. These agreements are also called voluntary services or informal resolutions, and they aim to deal with concerns about the child’s well-being without involving the court. 

In certain situations, child welfare agencies like the Department of Children and Family Services (DCFS) may work with the child’s parents or legal guardians to create an informal adjustment agreement. This agreement lays out specific things that the parents agree to do on their own to address the concerns raised by the agency. 

The purpose of these agreements is to give families a chance to deal with the identified issues, improve their parenting skills, get the support they need, and create a safe environment for the child’s well-being. The goal is to prevent the need for going to court and starting a formal CINC case. 

The terms of the informal adjustment agreement can be different for each case. They might include things like attending counseling or parenting classes, having regular meetings with the child welfare agency, or making specific changes to the home to make it safer. 

It’s important to understand that even though these agreements are meant to be voluntary and cooperative, they still have legal consequences. If the parents don’t follow the terms of the agreement, it could lead to starting a formal CINC process. 

In Child In Need of Care (CINC) cases, it is possible to file for Temporary Restraining Orders (TROs) and Permanent Restraining Orders within the jurisdiction of the court handling the case.

Temporary Restraining Orders (TROs) are short-term orders issued by the court to provide immediate protection for a child who is believed to be in immediate danger or at risk of harm. TROs are usually granted in emergency situations without a full hearing or in the presence of the opposing party. They offer immediate relief until a full hearing can be conducted.

On the other hand, Permanent Restraining Orders are longer-term measures that can be issued after a full hearing or trial where both parties have a chance to present their evidence and arguments. Permanent Restraining Orders are typically issued when the court determines there is enough evidence to support the need for ongoing protection of the child.

In Child in Need of Care (CINC) cases, the court often evaluates the rights of the parents to determine what is best for the child. They consider different factors related to the parents when making decisions. 

One important factor is the parent’s ability to take care of the child. The court looks at how well they can meet the child’s physical, emotional, and developmental needs. They consider things like the parent’s parenting skills, understanding of the child’s needs, and their history of providing appropriate care. 

The court also looks at whether the parents can create a safe and stable home for the child. They assess the living conditions, making sure there are no risks or dangers that could harm the child. They also consider factors like financial stability and access to further resources. 

Furthermore, the court considers whether the parents are willing to address the issues that led to the child being removed. This might involve going to counseling or rehabilitation programs, following court-ordered services, and actively participating in creating and following a case plan. 

Ultimately, the court’s main focus is on what is best for the child. They want to make sure the child is safe, well cared for, and can develop properly. To do this, they carefully evaluate the rights and abilities of the parents, determining if they are capable of providing the necessary care for the child.

Termination of parental rights is a separate legal process in Louisiana that happens when it’s determined that the parents cannot be reunited with their child. It’s a serious and complex process that can occur in certain cases. The child welfare agency, DCFCs, may file a petition to terminate parental rights. 

Terminating parental rights means permanently ending the legal connection between parents and their children. It’s usually done when there are serious concerns about the parent’s ability to provide a safe and caring environment. These concerns may include ongoing abuse, neglect, substance abuse problems, mental health issues, or a lack of progress or cooperation with court-ordered services or case plans. 

To support the petition for termination, the agency or authorized parties need to present strong evidence. This evidence is gathered through investigations, documenting concerns, assessments, and reports from caseworkers, therapists, and other professionals involved in the case. 

The court, considering the best interests of the child, reviews the evidence and decides whether to terminate parental rights. If termination is granted, the legal relationship between the parents and the child permanently ends. The child may then become eligible for adoption, guardianship, or long-term foster care, depending on the situation and available options.

In Child In Need Of Care (CINC) cases, the main focus is finding a permanent and stable situation that is best for the child involved. The goal is to make a long-term arrangement that supports the child’s well-being. This can include different options like reuniting the child with their biological family, adoption, guardianship or placing them with a relative or foster family. 

The court plays a vital role in these cases by considering what is best for the child. They carefully look at things like the child’s safety, emotional needs, how they are growing and developing, and how stable their situation is. The court’s aim is to find the best and most sustainable solution for the child’s care and well-being. 

They try to bring the child back together with their biological family if possible. This might involve giving support services to the parents, like counseling, therapy, parenting classes, or help with substance abuse, so they can address the issues that caused the child to be removed. The court keeps a close eye on the parent’s progress and checks if they can provide a safe and caring environment for the child. 

If it’s not possible or in the child’s best interests to go back to their biological family, they look for other options. Adoption might be considered if it’s clear that the child would benefit from a new permanent family. Guardianship can be established if they find a suitable caregiver who is not a parent but can give the child long-term care and stability. If it’s the best choice for the child’s well-being, they might place them with a relative or foster family. 

The court’s decisions always revolve around what is best for the child, making sure they have a safe, stable, and caring home.

If it’s not safe for a child to stay with their biological family, the court is responsible for finding a suitable place for them to live. They consider different options, like foster homes, kinship care with relatives, or group homes, and they always prioritize what’s best for the child. 

When looking at the different options, the court carefully checks if they are suitable. Foster homes are one choice, where specially trained and licensed caregivers give temporary care and support to the child. The court makes sure the foster home meets all the necessary standards and provides a safe and loving environment for the child. 

Another option is kinship care, where the child goes to live with relatives or extended family members. The court looks at how stable and capable these relatives are and if they’re willing to provide a good home for the child. Placing the child with family can help keep connections with their relatives and give them a sense of familiarity and support. 

In certain cases, if the child needs specialized care or services, the court might think about placing them in a group home or residential facility. This decision depends on the child’s specific needs and if there are appropriate resources and support available in those places. 

The court always keeps the child’s best interests in mind during the whole process. They look at the different placement options by considering things like the child’s safety, emotional well-being, development, and the chance for stability and growth.

When a CINC case changes placement, it typically means that the child is being moved from one living arrangement to another. Before a placement change occurs, the child's situation is evaluated by the court and DCFS. The evaluation considers factors such as the child's safety, well-being, and suitability of the current placement. Based on this assessment, a decision is made to initiate a change in placement if it is determined to be in the child's best interests. 

Once the decision is made, a plan is developed to facilitate the transition to the new placement. This includes identifying and assessing potential placement options, such as foster homes, kinship care, or residential facilities, based on the child's needs. The child and relevant parties, such as the parents or guardians, are notified of the planned placement change. 

The child is prepared for the placement change, which may involve counseling or support services to help them understand and adjust to the new living arrangement. Arrangements are made for the child to be moved to the new placement, ensuring their safety and well-being during the transition. 

After the placement change, the child's well-being and adjustment are regularly monitored. Caseworkers, social workers, or other professionals involved in the child's care continue to assess the suitability and stability of the new placement. Review hearings may be conducted to ensure that the child's needs are being met and to address any concerns that may arise.