WEBVTT STYLE ::cue { color: white; background-color: #383943A3; } 00:00:00.760 --> 00:00:01.366 Hello. 00:00:01.776 --> 00:00:04.089 I'm Magistrate Michael Douglass. 00:00:04.579 --> 00:00:11.459 You are here because the Department of Child Services has alleged that your child is a "child in need of 00:00:11.459 --> 00:00:14.950 services," which is also referred to as a CHINS. 00:00:15.360 --> 00:00:21.214 Throughout this video, I will use the word "Department" to refer to the Department of Child Services. 00:00:21.464 --> 00:00:27.624 The Court has reviewed the petition filed by the Department and determined that there is probable cause for this 00:00:27.624 --> 00:00:28.152 filing. 00:00:28.562 --> 00:00:34.002 The purpose of this video is to advise you of your rights, the nature of the allegations in the CHINS 00:00:34.002 --> 00:00:39.025 petition, and what the Court can offer with regard to placement and services for you and your child. 00:00:39.435 --> 00:00:45.195 At the hearing that will follow this video, you will have a chance to admit or deny the allegations when 00:00:45.195 --> 00:00:46.403 you are before the judge. 00:00:46.813 --> 00:00:52.653 If your child was removed and is currently in the Department's custody, the court will determine today 00:00:52.653 --> 00:00:55.825 whether your child should remain in the Department's custody. 00:00:56.315 --> 00:01:02.715 If the court determines that your child should remain in custody, the court will also determine placement, 00:01:02.715 --> 00:01:06.176 custody and care of your child while the case is pending. 00:01:07.686 --> 00:01:11.313 This is a civil proceeding, not criminal. 00:01:11.723 --> 00:01:15.034 It concerns the care and custody of your children. 00:01:15.524 --> 00:01:22.884 The court may appoint a guardian ad litem or a court appointed special advocate to represent the best interests 00:01:22.884 --> 00:01:25.594 of your child today or in the future. 00:01:26.164 --> 00:01:32.404 Because a petition for CHINS has been filed involving your child, you have important rights that I will 00:01:32.404 --> 00:01:33.089 now explain. 00:01:34.300 --> 00:01:40.700 You have the right not to make statements that incriminate you and the right to know that an incriminating statement 00:01:40.700 --> 00:01:43.181 may be used during any court proceedings. 00:01:43.591 --> 00:01:47.239 You have a right to receive a copy of the petition. 00:01:47.549 --> 00:01:50.756 The judge will ask you whether you have received a copy. 00:01:51.166 --> 00:01:57.086 If you need time to read the petition or you need help understanding the petition, the judge will provide 00:01:57.086 --> 00:02:00.457 you time or the assistance of an interpreter to read the petition. 00:02:00.947 --> 00:02:08.067 For the Department to have custody or other control over your child, the Department must prove by a preponderance 00:02:08.067 --> 00:02:14.302 of the evidence that your child is a child in need of services as alleged in the petition. 00:02:14.792 --> 00:02:20.357 You have a right to deny that your child is a child in need of services and to have a trial in this matter. 00:02:21.726 --> 00:02:25.548 A trial in this type of case is called a fact-finding hearing. 00:02:26.118 --> 00:02:32.717 The fact-finding hearing must be completed not more than 60 days after the filing of the CHINS Petition. 00:02:33.127 --> 00:02:39.527 The fact-finding could be extended an additional 60 days, but only by consent of all parties. 00:02:40.733 --> 00:02:43.252 At the fact-finding, you have a right to: 00:02:43.822 --> 00:02:46.880 present witnesses or other evidence on your own behalf; 00:02:47.450 --> 00:02:53.530 to have the court issue subpoenas or orders to compel persons to appear which you wish to testify or to 00:02:53.530 --> 00:02:56.250 produce other evidence on your behalf; and 00:02:57.001 --> 00:03:00.302 to cross-examine witnesses that may be called against you. 00:03:01.192 --> 00:03:05.585 Later, the judge will ask you weather you understood the rights I just explained to you. 00:03:05.895 --> 00:03:10.216 If you did not understand any of the rights, please be sure to let the judge know. 00:03:11.753 --> 00:03:15.229 There are important procedural deadlines in your case. 00:03:15.639 --> 00:03:22.306 These deadlines generally cannot be waived or extended except in very limited circumstances defined by law. 00:03:22.456 --> 00:03:26.206 This means court hearings and other deadlines must be met on time. 00:03:27.560 --> 00:03:34.519 If your child is removed from your care, you must understand that there are strict time limits for reunification 00:03:34.519 --> 00:03:35.248 services. 00:03:35.658 --> 00:03:43.898 If your child is removed before July 1, 2026, the court cannot order reunification services for more 00:03:43.898 --> 00:03:44.983 than 15 months. 00:03:45.393 --> 00:03:52.993 If your child is removed after June 30, 2026, the court cannot order reunification services for more 00:03:52.993 --> 00:03:54.115 than 12 months. 00:03:54.525 --> 00:04:00.925 These time limits start from whichever comes first: your child's removal or the court's dispositional 00:04:00.925 --> 00:04:01.331 order. 00:04:02.693 --> 00:04:09.093 Extensions of time to complete services are only allowed in very limited circumstances and require that you 00:04:09.093 --> 00:04:11.913 have substantially complied with all court orders. 00:04:12.323 --> 00:04:17.399 Initially, the court can be more flexible in allowing you more time to complete services. 00:04:17.789 --> 00:04:24.029 However, a subsequent request to extend the time to complete services will require the court to hold 00:04:24.029 --> 00:04:30.429 an evidentiary hearing and find clear and convincing evidence that continuing services is in your child's 00:04:30.429 --> 00:04:31.307 best interests. 00:04:31.717 --> 00:04:38.357 Extensions are initially limited to no more than 90 days, with one additional 90-day extension possible 00:04:38.357 --> 00:04:40.230 under exceptional circumstances. 00:04:41.673 --> 00:04:48.152 If your child is found to be a child in need of services, the court can order any combination of the following 00:04:48.152 --> 00:04:49.931 conditions and services. 00:04:51.373 --> 00:04:55.591 Supervision of the child while the child remains in the child's own home. 00:04:56.081 --> 00:05:03.521 Require that you or your child receive outpatient treatment at: a social service agency; a psychological, 00:05:03.521 --> 00:05:08.229 psychiatric, medical or educational facility; or from an individual practitioner. 00:05:08.799 --> 00:05:14.719 Removal of your child from the home and place your child with a suitable relative, family foster home 00:05:14.799 --> 00:05:21.839 or other shelter care facility, child caring institution, group home or secure private facility, which would 00:05:21.839 --> 00:05:25.127 include authorization to control and discipline your child. 00:05:25.537 --> 00:05:29.917 Award wardship of your child to any person or shelter care facility. 00:05:30.067 --> 00:05:36.487 In this situation, the Department of Child Services has responsibility for placement and care of the child. 00:05:38.260 --> 00:05:40.793 Partial or complete emancipation of your child. 00:05:41.283 --> 00:05:45.571 Order that family services be provided to you and your family. 00:05:46.061 --> 00:05:50.511 Restrain any party from direct or indirect contact with the child. 00:05:51.001 --> 00:05:56.868 Enter a No Contact Order to control the conduct of any person in relation to the child. 00:05:57.278 --> 00:06:03.887 And lastly, issue a Protective Order to remove an alleged perpetrator from the home of the child. 00:06:05.420 --> 00:06:11.660 You should also be aware that this case could result in the termination of your parental rights at a later 00:06:11.660 --> 00:06:12.007 date. 00:06:12.477 --> 00:06:17.684 This would require a separate case to be filed for that purpose alone and a separate trial on that issue. 00:06:18.154 --> 00:06:20.910 That is not the subject of these proceedings today. 00:06:22.700 --> 00:06:26.693 While the case is pending, the court may order you to do the following: 00:06:27.183 --> 00:06:31.773 Participate in a program of care, treatment or rehabilitation for the child. 00:06:32.343 --> 00:06:39.143 Be financially responsible for any services provided for the child or for yourself, unless the court determines 00:06:39.143 --> 00:06:40.440 you are unable to do so. 00:06:40.930 --> 00:06:46.960 Obtain assistance in fulfilling your obligations as parent, guardian, or custodian. 00:06:47.530 --> 00:06:51.378 Provide specific care, treatment or supervision for the child. 00:06:51.948 --> 00:06:58.594 And, work with any given person or agency to provide care, treatment and rehabilitation for your child. 00:07:00.640 --> 00:07:07.439 You may dispute any allegations made at the dispositional or other hearings concerning your participation, and 00:07:07.439 --> 00:07:13.759 you may dispute any allegations concerning your financial responsibility or the need for your participation 00:07:13.759 --> 00:07:14.552 in services. 00:07:15.122 --> 00:07:21.282 Also, if you fail to comply with any of the Court's orders, including an order to pay reimbursement or 00:07:21.282 --> 00:07:23.939 support, you can be held in contempt of court. 00:07:26.052 --> 00:07:28.809 You also have a right to be represented by an attorney. 00:07:29.199 --> 00:07:34.479 You may hire your own attorney to represent you, or you may waive or give up your right to counsel 00:07:34.479 --> 00:07:36.947 if you do so knowingly and voluntarily. 00:07:37.337 --> 00:07:43.577 If you want to be represented by an attorney but do not feel you can afford to hire one, you may request 00:07:43.577 --> 00:07:49.903 that the court determine whether an attorney should be appointed to represent you at no initial cost. 00:07:50.293 --> 00:07:55.413 If the court finds that you do not have sufficient means to hire an attorney, the court may appoint an 00:07:55.413 --> 00:07:57.320 attorney to represent you in this case. 00:07:59.373 --> 00:08:02.325 At the hearing in this case, the judge will ask you: 00:08:02.895 --> 00:08:08.175 Whether you understand that you have a right to an attorney; whether you intend to hire an attorney; 00:08:08.175 --> 00:08:13.295 whether you wish the court to consider appointing an attorney for you; or, if you do intend to hire 00:08:13.295 --> 00:08:18.895 an attorney or you do not wish the Court to appoint you an attorney, whether you wish to go forward with 00:08:18.895 --> 00:08:20.606 the hearing without an attorney. 00:08:22.560 --> 00:08:27.055 You may be asked today whether you admit or deny the allegations in the petition. 00:08:27.625 --> 00:08:30.161 You do not have to admit to anything. 00:08:30.631 --> 00:08:33.899 However, if you do admit to the allegations: 00:08:34.309 --> 00:08:37.655 You are stating that your child is a child in need of services. 00:08:38.045 --> 00:08:44.125 You are giving up your right to a trial or a fact-finding hearing; and, judgment will be entered that your child 00:08:44.125 --> 00:08:45.943 is a child in need of services. 00:08:47.973 --> 00:08:55.332 In addition to yourself, DCS, and your child's guardian ad litem or court-appointed special advocate, the 00:08:55.333 --> 00:09:00.747 individuals providing care for your child have the right to attend all hearings in your case. 00:09:01.237 --> 00:09:06.082 This includes foster parents and kinship caregivers who are currently caring for your child. 00:09:06.492 --> 00:09:13.052 Furthermore, if your child receives services from a licensed child placing agency, that agency, like 00:09:13.052 --> 00:09:19.292 the other caregivers, also has the right to attend all hearings in your case, including any termination 00:09:19.292 --> 00:09:22.482 of parental rights hearings that may be filed in the future. 00:09:24.426 --> 00:09:30.185 During the hearing that will occur after this video, the court will set some important dates for the trial 00:09:30.345 --> 00:09:34.215 or for a hearing to determine placement and services for you and your child. 00:09:35.705 --> 00:09:42.745 If you believe you or your child may have Native American heritage or are a member of or eligible for 00:09:42.745 --> 00:09:49.065 membership in a Native American tribe or Alaskan Native Village, please notify the judge when you appear in 00:09:49.065 --> 00:09:49.409 court. 00:09:51.200 --> 00:09:57.519 The court will also proceed to determine placement, care, and custody of the child even if the initial 00:09:57.519 --> 00:10:02.473 hearing is continued to allow you time to hire or be appointed an attorney. 00:10:02.963 --> 00:10:08.643 The court may also make interim orders concerning custody, physical or mental examinations or other 00:10:08.643 --> 00:10:12.986 evaluations, and a finding as to legal settlement for education purposes. 00:10:13.476 --> 00:10:19.552 The court will ask you and the Department for recommendations about the placement and care of your child. 00:10:19.802 --> 00:10:24.190 The court may also ask for other recommendations about your child. 00:10:24.440 --> 00:10:30.478 In addition, the Department may conduct criminal background checks on you and other members of your household. 00:10:30.628 --> 00:10:35.748 The results of those checks will be shared with the court to help determine whether it is safe for your 00:10:35.748 --> 00:10:37.036 child to return home. 00:10:39.152 --> 00:10:46.193 If the court orders your child removed or continues to be removed, the court will also discuss whether 00:10:46.193 --> 00:10:49.084 you will be afforded parenting time with your child. 00:10:49.334 --> 00:10:55.197 If the court orders parenting time with your child, the court may place conditions on that parenting time. 00:10:55.607 --> 00:11:00.967 For example, the court may order that your parenting time be supervised by someone or that the parenting 00:11:00.967 --> 00:11:02.947 time occur at a specific place. 00:11:05.052 --> 00:11:11.536 As a final reminder: Time limits in this case are strict and generally cannot be extended. 00:11:12.026 --> 00:11:18.705 It is important that you comply with all court orders promptly and participate fully in all required services. 00:11:19.395 --> 00:11:21.930 You will soon go before a judge. 00:11:22.080 --> 00:11:27.840 If you have questions or if there were portions of this video you did not understand, please let the 00:11:27.840 --> 00:11:28.501 judge know. 00:11:28.811 --> 00:11:33.643 If you have an attorney, be sure to ask your attorney any questions you may have.