A CHINS fact-finding hearing in Indiana is the contested trial where a judge decides whether the Department of Child Services has proven your child is a Child in Need of Services. Under Indiana Code 31-34-11-1, the hearing must be completed within 60 days of the CHINS petition being filed, and DCS must prove its case by a preponderance of the evidence, meaning the allegations are more likely true than not.1Indiana General Assembly. Indiana Code 31-34-11-1 – Factfinding Hearing Deadline If all parties agree in writing, the court can extend that window by another 60 days. The hearing only happens if you denied the allegations at the initial hearing; admitting them skips the trial entirely and sends the case straight to disposition.
What DCS Has to Prove
The most common CHINS ground, under Indiana Code 31-34-1-1, applies to a child under 18 whose physical or mental health is seriously harmed or endangered because a parent failed to provide necessary food, clothing, shelter, medical care, education, or supervision.2Indiana General Assembly. Indiana Code Title 31 – 31-34-1-1 That failure has to have occurred either when the parent had the financial ability to provide those things, or when the parent refused to seek available help.
There is a second element that decides a lot of cases: the child must need care or treatment that the child is not currently receiving, and that care must be unlikely to be provided without the court stepping in.2Indiana General Assembly. Indiana Code Title 31 – 31-34-1-1 This is often called the coercive-intervention requirement. If DCS cannot show that the parents are unwilling or unable to accept help voluntarily, the judge should not sustain the petition, even where the home situation is imperfect.
Other subsections of Indiana Code 31-34-1 cover additional grounds, including physical abuse, sexual abuse, and children born with fetal alcohol syndrome or substance exposure. Each has its own elements, but the coercive-intervention requirement runs through all of them.3Indiana Department of Child Services. DCS CW Manual Chapter 6 Section 3 – Fact-Finding Hearing Proving one element while falling short on another is not enough. A dirty house does not make a CHINS if the child’s health was not seriously harmed and the parents were willing to accept help.
The 60-Day Deadline and What a Missed Deadline Actually Gets You
The clock starts the moment DCS files the CHINS petition. The fact-finding hearing must be completed within 60 days, extendable to 120 days only with written consent of all parties.1Indiana General Assembly. Indiana Code 31-34-11-1 – Factfinding Hearing Deadline
When the deadline slides, the statute says the court “shall dismiss the case without prejudice” on a party’s motion. That sounds absolute, but three exceptions follow. The court can deny the motion if it finds the delay was caused by unanticipated emergency circumstances, by the circumstances of the case itself, or by the Indiana Rules of Trial Procedure.1Indiana General Assembly. Indiana Code 31-34-11-1 – Factfinding Hearing Deadline Those carve-outs give judges substantial room to keep a case alive past a missed deadline.
Even when dismissal is granted, “without prejudice” is the phrase that matters. DCS can file a brand-new CHINS petition on the same facts and restart the process.4Court of Appeals of Indiana. In the Matter of J.N., Child in Need of Services – L.W. v. Indiana Department of Child Services A deadline dismissal resets the procedural clock. It does not erase the underlying concerns that brought DCS to your door. Filing the motion can still be worthwhile because DCS may decline to refile, or because circumstances may have changed in the gap, but no family should treat it as a permanent win.
One other timing rule: when the fact-finding hearing is not held immediately after the initial hearing, DCS must notify any foster parent or other caretaker where the child has been placed, and that person must be given a chance to be heard at the hearing.1Indiana General Assembly. Indiana Code 31-34-11-1 – Factfinding Hearing Deadline
Whether the Court Will Appoint You a Lawyer
Indiana law treats CHINS and termination of parental rights differently on this point. In TPR cases, the court must appoint counsel for any parent who does not have a lawyer and has not waived the right to one. In CHINS proceedings, the statute says the court “may” appoint counsel, making it discretionary.5Indiana General Assembly. Indiana Code Title 31 – 31-32-4-3
Most Indiana juvenile courts do appoint attorneys for parents in CHINS cases, especially when removal is on the table. But because the right is not automatic, if you cannot afford a lawyer, raise the issue at the initial hearing and ask the court to appoint one. Preparation for a fact-finding hearing starts immediately, and there is not much room in a 60-day window to catch up.
The Initial Hearing Comes First
A fact-finding hearing only happens when a parent contests the petition. At the initial hearing, the court asks each parent whether they admit or deny the allegations. Failing to respond counts as a denial.6Indiana General Assembly. Indiana Code Title 31 – 31-34-10-6
If you admit the allegations, the court adjudicates the child as a CHINS on the spot and schedules a dispositional hearing, typically within 30 days. No trial. Before accepting the admission, the court has to inform you about the possible consequences, including parental participation requirements and financial responsibility. Admitting waives the right to challenge the factual basis later. It concedes that DCS’s version of events is accurate enough for the court to intervene.
Deny the allegations, and the court schedules the fact-finding hearing.
How the Hearing Runs
The structure is that of a civil bench trial. Each side gives an opening statement outlining what the evidence will show. DCS goes first, calling witnesses and introducing documents: medical records, police reports, school records, and testimony from case managers who visited the home. You have the right to cross-examine every DCS witness, and cross-examination often decides the case. A family case manager who cannot recall specifics of a home visit, or whose testimony conflicts with the written report, gives the defense real footing.
After DCS rests, the defense presents its case. That can include your own testimony, along with testimony from family members, therapists, service providers, or other professionals who can speak to your child’s welfare and your ability to parent. Evidence that directly rebuts the coercive-intervention element carries particular weight, because it attacks a required prong of the definition. The GAL or CASA may also call witnesses and present evidence independently. The judge rules on objections throughout.3Indiana Department of Child Services. DCS CW Manual Chapter 6 Section 3 – Fact-Finding Hearing
Both sides deliver closing arguments. The judge may rule from the bench or take the matter under advisement and issue a written decision.
Both sides also exchange evidence before trial. Pre-trial discovery rules prevent either party from ambushing the other with surprise witnesses or documents at the hearing itself.
The Burden of Proof
DCS carries the entire burden. You do not have to prove anything. Under Indiana Code 31-34-12-3, findings in a CHINS case must be based on a preponderance of the evidence, meaning the judge must find the allegations are more likely true than not.7Indiana General Assembly. Indiana Code 31-34-12-3 – Burden of Proof in Other Cases That is the lowest evidentiary standard used in American courts, deliberately lower than the “beyond a reasonable doubt” bar used in criminal cases and delinquency proceedings.
To meet that burden, DCS has to prove every element: that the child’s condition is seriously impaired or endangered, that the impairment results from a parent’s acts or failures, that the child needs care the child is not receiving, and that coercive court intervention is necessary to provide it.3Indiana Department of Child Services. DCS CW Manual Chapter 6 Section 3 – Fact-Finding Hearing
The standard is different if the case ever escalates to termination of parental rights. The U.S. Supreme Court has held that the minimum constitutional standard for TPR is clear and convincing evidence, and a preponderance standard for termination would violate due process. A CHINS finding is serious, but it uses a lower evidentiary bar than what would be required to permanently sever your parental rights.
The Guardian Ad Litem’s Role
Indiana courts appoint a Guardian Ad Litem or Court Appointed Special Advocate to represent the child’s best interests. Once appointed, the GAL or CASA is a full party with the same rights as DCS and the parents: calling witnesses, cross-examining testimony, and presenting evidence.8Indiana Court Rules. Guardian Ad Litem Guidelines – Rule 3 Roles and Responsibilities
The GAL does not side with DCS or with the parents by default. The job is an independent investigation into the child’s living situation, emotional well-being, and developmental needs, including in-person contact with the child, review of medical and educational records, and interviews with significant people in the child’s life. If the child is old enough to express wishes, the GAL must convey those wishes to the court unless doing so would compromise the child’s safety.8Indiana Court Rules. Guardian Ad Litem Guidelines – Rule 3 Roles and Responsibilities
The GAL submits a written report to the court and all parties at least 10 days before the hearing, unless the court waives that requirement. The report can be admitted into evidence and cannot be excluded on hearsay grounds if it was filed on time.8Indiana Court Rules. Guardian Ad Litem Guidelines – Rule 3 Roles and Responsibilities Read it carefully. The report often carries real weight with the judge, and knowing what is in it before trial lets the defense prepare responses to unfavorable findings.
If Your Child Is an Indian Child
When the child is a member of, or eligible for membership in, a federally recognized tribe, the Indian Child Welfare Act displaces Indiana’s standards with more protective federal rules. For any foster care placement of an Indian child, the court must receive clear and convincing evidence, including testimony from a qualified expert witness, that keeping the child with the parent is likely to cause serious emotional or physical harm. For termination, the standard rises to beyond a reasonable doubt.9eCFR. 25 CFR 23.121 – Applicable Standards of Evidence
The evidence must establish a direct causal link between specific conditions in the home and the likelihood of harm to the particular child. Poverty, single parenthood, crowded housing, or nonconforming social behavior cannot by themselves justify removal.9eCFR. 25 CFR 23.121 – Applicable Standards of Evidence
ICWA also requires strict notice. When the court knows or has reason to know the child may be an Indian child, the party seeking placement must send notice by registered or certified mail to each tribe where the child may be a member, to the parents, and to any Indian custodian.10eCFR. 25 CFR 23.111 – Notice Requirements for Child-Custody Proceedings Involving an Indian Child If the tribe cannot be identified or located, notice goes to the appropriate Bureau of Indian Affairs regional director. Failure to comply with ICWA notice can invalidate the entire proceeding.
How a CHINS Case Can End Without a Finding
A fact-finding hearing does not always end with a ruling on the merits. Cases can close on several other paths.
DCS Failed to Meet Its Burden
If the judge finds DCS’s evidence insufficient on any element of the CHINS definition, the petition is denied. This is a ruling on the merits: DCS put on its best case and it fell short.
DCS Voluntarily Dismisses
DCS may move to dismiss its own petition when the family has resolved the safety concerns that prompted the filing. This can happen when parents complete recommended services, remove a dangerous person from the home, or otherwise address the specific issues before the hearing concludes. A voluntary dismissal lets the family move on without a formal CHINS adjudication on the record.
Deadline Dismissal
As covered above, a missed 60-day or 120-day deadline can support a motion to dismiss, but the court has broad discretion to deny it, and any dismissal is without prejudice.
Informal Adjustment as an Alternative
Before, or sometimes instead of, a formal CHINS petition, DCS and the family may agree to an informal adjustment: a voluntary service plan approved by the court. If the family cooperates, the case can close without any court adjudication. Informal adjustments typically last six months and can be renewed for another three with court approval. If concerns persist, DCS may proceed with a formal petition.
If the Judge Finds Your Child Is a CHINS
A CHINS adjudication is not the end of the case. It is the beginning of court involvement. Once the judge sustains the petition, the case moves to a dispositional hearing where the court decides what services, supervision, or placement the child and family need. DCS prepares a predispositional report with recommendations, and the court must also consider input from the parents, the GAL or CASA, foster parents, and any other party. If the court disagrees with DCS’s recommendations, it must explain its reasoning in writing.11Indiana General Assembly. Indiana Code 31-34-19-6.1 – Dispositional Decree Requirements
The court then retains jurisdiction until it closes the case. Periodic review hearings track progress with ordered services. Compliance typically leads to reunification and eventual case closure. Non-compliance, with conditions not improving, can escalate the case to termination of parental rights, where the standard of proof, and everything at stake, climbs.