Children in Need of Services (CHINS) Petition

  Child in Need of Services (CHINS) is a juvenile who: 

1. Is beyond the control of his/her parent such that the child's behavior endangers the health, safety, or welfare of the child or other person; 
2. Has been reported to law enforcement as absent without consent for at least 24 consecutive hours from the parent's home, a crisis residential center, an out-of-home placement, or a court-ordered placement on 2 or more separate occasions; and  
   

   a.	Has exhibited a serious substance abuse problem;
   	or
   b.	Has exhibited behaviors which create a serious risk of harm to the health, safety, or welfare of the child or any other person;
   	or

3. Is in need of necessary services, including:

	food, shelter, health care, clothing educational
	services designed to maintain or reunite a family
	whose parents have been unsuccessful in efforts to maintain the family structure
	whose parents are unwilling or unable to maintain the family structure

A parent or child may file a CHINS. The parent/legal custodian or guardian must have the legal right to custody.  If parent or child believes the child falls within the above definition and wishes to file a petition, they should:

1. Contact Division of Children and Family Services (DCFS) at 475-3688, then press "0" to reach the receptionist.
2. Ask for an intake worker.
3. Advise intake you wish to file a CHINS.
4. Request a family assessment.  At the family assessment, the caseworker will discuss services previously provided, resources currently available and alternatives to court intervention.
5. Following the family assessment DCFS will provide the petitioner with a written verification form and assist in completing the petition.
6. Call Stephenie Hooker of the Kitsap County Juvenile Department at 337-5448 for an appointment to assist in filing the petition.

A CHINS petition should not be filed if a dependency action is pending under RCW 13.34.  Under some circumstances, the Division of Children and Family Services (DCFS) may file CHINS.  If DCFS is the petitioner, the Attorney General represents the agency.

Counsel: Upon filing, an attorney will be appointed for the child; the parent is advised of their right to an attorney and, if indigent, to have one appointed for him/her by the court.

Fact-Finding Hearing: A fact-finding hearing will be set within three (3) judicial days of the filing to establish the validity of the petition.  This matter will only proceed once all parties receive proper notice.

Dispositional Hearing: A hearing is set fourteen (14) days after the petition is granted.  At this point the court will and/or may:

	Request an Individual Service Plan (ISP) from DCFS
	Reunite the family and dismiss the petition
	Approve an At-Risk Petition
	Approve a voluntary out-of-home placement
	Order DCFS to file a dependency petition
	Order out-of-home placement in accordance with RCW 13.32A (New Section 20)

NO DISPOSITION ORDER OR CONDITION OF SUPERVISION ORDERED BY A COURT PURSUANT TO RCW 13.32A.196 SHALL INCLUDE INVOLUNTARY COMMITMENT OF A CHILD FOR SUBSTANCE ABUSE OR MENTAL HEALTH TREATMENT

Petition Review: A review will be held within three (3) months of disposition and gain in six (6) months of the first review.

Contempt: (Willful violation of a court order) A motion for contempt may be made by a parent, child, or by any public agency, organization or person having custody of the child under a CHINS order.

Pick-up Orders/Warrants: Requests may be made for pick-up orders directing law enforcement to take a child into custody and place with the parent or the Division of Children and Family Services, depending on the placement order violated.

A Court Services Officer may file a motion for an order authorizing issuance of a warrant only if:

	There has been a finding of contempt of court
	There is suspended time remaining on the sentence
	It appears the juvenile has violated the conditions of the suspension

If a warrant is issued, it will be processed like an offender matter, and law enforcement will bring the child to detention when taken into custody.

Any further questions concerning CHINS petition may be directed to: