CHINS & DCS Defense Attorney

If the Indiana Department of Child Services has filed a CHINS (Child in Need of Services) petition involving your family, you need to understand your rights right away. A CHINS case is a civil proceeding, not a criminal one, but it can still result in court-ordered services, supervision, or changes to custody. Attorney Nicholas Lubanski represents parents and guardians facing CHINS cases throughout Marion, Hamilton, Fayette, Wayne, Randolph, and Union counties.

What Happens in a CHINS Case

In a CHINS case, the State alleges that a child’s well-being is at risk due to neglect, abuse, or a parent’s inability to meet the child’s needs. If the court finds the child to be a child in need of services, it can enter a dispositional order requiring parents to complete certain services, with DCS supervising to make sure those requirements are met. In some situations, a family can work with DCS through an Informal Adjustment instead of a formal case, and even after a formal case is filed, it may later be resolved this way.

Your Right to an Attorney

Parents have the right to an attorney in both CHINS cases and any related termination of parental rights proceeding, and the court must appoint one if a parent cannot afford to hire their own. Indiana law favors reunifying families whenever possible, and DCS is required to work with parents toward that goal, but prolonged inability to comply with court-ordered services can eventually lead to a separate case seeking to terminate parental rights.

Why You Should Not Wait to Get Help

Decisions made early in a CHINS case, including at the very first hearing, can shape how the rest of the case unfolds. Nick works directly with parents from the first hearing forward to help protect their rights and work toward keeping their family together.