What Is a CHINS Case in Indiana – And How Does It Lead to Adoption?

By: Grant Kirsh

If you are a foster parent in Indiana, or if you are thinking about becoming one, you have probably heard the term CHINS. It stands for Child in Need of Services, and understanding what it means, and how it connects to adoption, is an important part of navigating Indiana’s foster care system.

At Kirsh & Kirsh, P.C., we have handled nearly 3,000 foster care adoptions in Indiana. We are a family-run law firm based right here in Indiana, and we work with families in Marion County, Lake County, Allen County, Hamilton County, Tippecanoe County, St. Joseph County, Hendricks County, Elkhart County, Johnson County, Delaware County, Vanderburgh County, Porter County, Madison County, Vigo County, Monroe County, and across the state. Here is what you need to know about CHINS cases.

What Is a CHINS Case?

A CHINS case is a court proceeding initiated when the Indiana Department of Child Services (DCS) determines that a child’s physical or mental health is seriously endangered and that the child needs care, treatment, or supervision. CHINS cases can involve a wide range of circumstances, neglect, abuse, parental substance abuse, domestic violence, or a parent’s inability to provide safe and stable care.

When DCS opens a CHINS case, it files a petition in the juvenile court in the county where the child lives. A judge then oversees the case, which typically involves DCS providing services to the family to try to address the issues that led to the child’s removal.

What Happens During a CHINS Case?

The central goal in most CHINS cases is reunification, helping the biological family address its problems so the child can safely return home. DCS works with the family through a case plan that typically involves services like parenting classes, substance abuse treatment, counseling, housing assistance, and regular visitation with the child.

The child may be placed in a licensed foster home while the CHINS case is ongoing. If a kinship relationship exists between the child and a potential placement family, that family may be given priority placement and may not need to go through the full foster care licensing process.

When Does a CHINS Case Lead to Adoption?

Reunification is always the first goal, but it is not always achievable. If DCS determines that reunification is no longer possible or safe, or if the biological parents fail to complete their case plan, the case plan may change. When the permanency plan changes to adoption, or a concurrent plan of reunification and adoption is established, the path toward adoption begins.

At that point, DCS will typically file a petition for termination of parental rights (TPR). TPR is involuntary in most cases. Once parental rights are legally terminated, the child is freed for adoption.

What Is the Role of the Foster Family?

If the child has been placed with you as a foster family, and the permanency plan changes to adoption, you will typically be given priority consideration as the adoptive family, especially if a strong bond has formed between you and the child. This is not automatic, but it is the most common outcome for foster families who have consistently cared for the child through the CHINS process.

How Can an Adoption Attorney Help?

Navigating a CHINS case is complex. Court timelines, DCS decisions, and TPR proceedings all have legal implications for your adoption. An experienced Indiana foster care adoption attorney, one who knows the courts and judges in your county, can help you understand where things stand, protect your legal interests, and keep the process moving as efficiently as possible.

At Kirsh & Kirsh, P.C., we know Indiana’s CHINS and foster care system from the inside out. We have worked in courts across all of Indiana’s major counties and we are ready to help your family.

Call us at 317-575-5555. Visit us at DCSAdoptions.com.

About the Author
Grant Kirsh is a second-generation adoption attorney and owner of Kirsh & Kirsh, P.C., a family law firm in Indianapolis, Indiana that has been serving Indiana families since 1981. Grant graduated from Indiana University McKinney School of Law in 2013 and has personally handled nearly 3,000 foster care adoptions and his law firm has handled over 5,000 private newborn adoptions. He practices all forms of domestic adoption, with a deep personal commitment to expectant mothers considering adoption in Indiana and Indiana’s foster care system and the families and children it serves.