The preliminary power to dismiss the case in Indiana is under the CPS, and the next is under the court.
In most states of America, there are common child protective systems, but the procedures for executing them are not the same. Here, we will try to visualize how to get a CPS case dismissed in Indiana.
Dismissing the case by CPS
CPS classifies the case into two categories:
Unsubstantiated
The first one is “unsubstantiated.” In this situation, they will remove the report and will not proceed further. This only happened when they did not find credible evidence of abuse or neglect. It is a great chance to get the case dismissed by the CPS.
Substantiated
In the case of “substantiated,” your chances of obtaining a dismissal order from the CPS at the preliminary stage are slim.
In this situation, CPS can recommend that the family voluntarily participate in services for up to six months. The family will move to the courts if they fail to participate in the services. This is known as a service referral agreement (SRA).
Or, they can lodge an informal adjustment with the approval of the courts. This means the family is required to participate in services for up to six months.
Or, they can directly move to the courts. Moving to the courts means that the decision is no longer in the hands of the CPs and is up to the courts.
If you fail to meet the requirements of the CPS and get the dismal order, then the courts are your next hope to get the dismissal order. Here, you have to follow many legal proceedings.
CPS case dismissal order from the court
The first proceeding in the courts is the initial hearing. Here you have to confess or deny the allegations. If you admit, the court will schedule a dispositional hearing; if you deny, the court will schedule a fact-finding hearing.
So, in the first step, there is no chance of getting the case dismissed.
The second step is fact-finding. At this stage, the Office of Family and Children (OFC) will try to prove the allegations that have been brought against you. If the OFC fails to prove its accusation and the judge believes the case is without merit, the case will be dismissed.
If the court proceeds to the dispositional hearing without dismissing the case, remember that he is going to order. The court can make the following orders:
- The court can order supervision of the child by the OFC.
- The court can order the child to receive outpatient treatment at a social service agency or from an individual practitioner.
- The court can remove the child from the care of the parent and place her in a foster home, a shelter care facility, or some other therapeutic placement.
- The court can award wardship of the child to any person or agency, including the Office of Family and Children.
- The court can partially or completely emancipate the child.
- The court can order the child or parent to receive family services.
- The court can order the parents to pay for some or all of the costs of caring for the child.
However, after passing the order, the courts will review each CHINS case every six months, according to Indiana law.
How long does a CPS case stay open in Indiana?
A CPS case stays open until all of the legal procedures come to an end. The investigation of the CPS and court process lengthens a case. In Indiana, CPS is to complete the investigation within 45 days. If they need more time, they have to inform the parents about the delay.
How long does a substantiated CPS report stay on your record near Indiana?
After Receiving a report from the CPS, if substantiated, the department shall maintain the report in the central registry for 25 years after the date of the report.
What happens if you get charged with child neglect in Indiana?
If you get charged with child neglect in Indiana, then you have to face the punishment if the charge is proven. This offense is punishable with imprisonment for a term of six months to two-and-a-half years and a fine of up to $10,000. If the offender was previously convicted of the same allegation, the offense is elevated to a Level 5 felony.
What happens when CPS is called in Indiana?
When the CPS is called in Indiana, they begin their investigation within 72 hours. CPS will most likely also make a report to the police. After being informed, police can conduct their own investigation.
What can CPS not do in Indiana?
CPS is not authorized to do anything as their wishes. The CPS worker who comes to your children’s school or your house has to consider family circumstances in the context of the allegations they received. They can not summarily take your children based on just allegations.