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Dixon & Moseley | Attorneys At Law
  • Home
  • About
    • Julie C. Dixon
    • Alexander Moseley
    • Matthew McConnell
    • Adrian DeNeen
  • Practice Areas
    • Family Law
      • Adoption
      • Child Custody
      • Child Support/College Expenses
      • Defense Of Protective Orders
      • Divorce Litigation
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    • General Practice
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    • Probate & Estate Planning
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The Attorneys at Dixon & Moseley, P.C.

Strong, Trial-Ready Advocates Protecting Your Rights

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  5. What Are My Rights If I’m Investigated for Abuse/Neglect of My Kids By DCS?

What Are My Rights If I’m Investigated for Abuse/Neglect of My Kids By DCS?

On Behalf of Dixon & Moseley, P.C. | Sep 26, 2019 | Child Custody, Child Protective Services, Divorce

By statute, the Indiana Department of Child Services (“DCS”) has to investigate every claim of abuse or neglect by a parent reported to the hotline number. Unfortunately, DCS is understaffed and its primary investigators are not trained sufficiently to handle the onslaught of parental neglect reports including those who make false reports to gain some tactical advantage (such as in a divorce case). Thus, it is not uncommon for a parent to be falsely accused of neglect/abuse of their child and be caught up in the DCS system. This blog explores your rights and what you might want to do if you find yourself in that situation.

First, you have the right to counsel before speaking with a DCS investigator. Rest assured the words/statements you make can be used as a basis for a CHINS filing (where DCS files suit against you) to force you to have services. Attorneys familiar with CHINS understand the one-sided nature of some DCS investigations and can assist you in making the best choice as to time and location if you are going to make a statement.

Second, if DCS removes your children against your wishes, you have the right to have a detention hearing within 48 hours. A seasoned attorney can advocate for your children be placed in relative care while all of this is sorted out. Without this, your children may be placed in foster care and you may have supervised visits at a foreign location that may be far removed from your home. Thus, the earlier you get counsel to navigate this complex process, the more you can minimize your risk.

Third, children cannot be removed from your family for long, so the court must have an initial hearing and a fact-finding (like a trial) within 60 days. If this does not occur, you can move to dismiss the case. Skilled attorneys defending those trapped in this system know these laws and can use them to speed your case, and depending on the allegations made, will prove your children are not CHINS.

Fourth, if your children are found to be CHINS at the fact-finding, there will be a dispositional hearing (much like a sentencing in a criminal case) immediately following. It is at this time, you may appeal to the Indiana Court of Appeals an erroneous true fact-finding if DCS really did not make their case. A significant number of CHINS cases are reversed on appeal. But you have to know your rights, such as you have only 30 days to timely file your notice of appeal.

Fifth, if you are improperly ensnared into the DCS system and you do not cooperate to protest, this can be viewed as non-compliance and ultimately DCS can move to terminate your parental rights so your children can be adopted, and your legal rights severed. Thus, participating in CHINS services is key to protect your children, although skilled counsel may be able to assist with such services in a myriad of ways.

Ultimately, if you are contacted by DCS, the implications are significant for you and your family and your future. The DCS rules and timelines are foreign, and you would benefit from skilled trial counsel familiar with the DCS system. Dixon & Moseley, P.C. advocates handle CHINS cases throughout the state from the initial contact through appeal. This blog is written for general informational purposes only. It is not intended as legal advice or a solicitation for services. It is an advertisement.

How Many Days Do You Have to Appeal in Indiana? (2026)

On Behalf of Dixon & Moseley, P.C. | Jul 15, 2026 | Firm News

An Indiana appellate lawyer’s guide to Notice of Appeal deadlines, Motions to Correct Error, interlocutory appeals, and common timing mistakes. Quick Answer: How Many Days Do You Have to Appeal a Case in Indiana? In most Indiana appeals from a final judgment, the...

How to Appeal a Case in Indiana: Step-by-Step Guide, Deadlines, Costs, and Common Mistakes (2026)

On Behalf of Dixon & Moseley, P.C. | Jul 9, 2026 | Uncategorized

A practical Indiana appellate lawyer’s guide to Notice of Appeal deadlines, appealable orders, the appellate record, briefing, oral argument, rehearing, and transfer to the Indiana Supreme Court. If you lost a civil case in Indiana, you may wonder whether the trial...

Common Grounds for Appeal in Indiana Civil Cases (Complete Guide)

On Behalf of Dixon & Moseley, P.C. | Jul 1, 2026 | Uncategorized

When a civil case does not go your way in an Indiana trial court, an appeal may provide a path to reversal, but only if certain legal errors occurred. Indiana appellate courts do not retry cases or reweigh evidence. Instead, they review whether the trial court...

When Is Parental Consent NOT Required for Adoption in Indiana? (2026 Guide)

On Behalf of Dixon & Moseley, P.C. | Jun 25, 2026 | Uncategorized

Adoption in Indiana typically requires the consent of a child’s biological parents. However, Indiana law provides several important exceptions where a court may allow an adoption to proceed without a parent’s consent. Understanding these exceptions is critical;...

Failure to Object: When Is an Issue Waived?

On Behalf of Dixon & Moseley, P.C. | Jun 9, 2026 | Uncategorized

An Indiana Litigation Guide for Preserving Error on Appeal In Indiana litigation, one of the most common mistakes a trial lawyer can make is failing to object at the right time and in the right manner. The rule is simple but unforgiving: if you do not properly object, you may waive the issue for appeal. An objection must be timely…

Waiver on Appeal: The #1 Reason Appeals Lose in Indiana

On Behalf of Dixon & Moseley, P.C. | Jun 2, 2026 | Uncategorized

In Indiana appellate practice, many appeals do not fail because the underlying issue lacked merit. They fail because the issue was waived. In plain terms, waiver means the appellate court will not decide an argument because it was not properly preserved in the trial court, properly supported on appeal, or properly presented under the Indiana Rules of Appellate Procedure. Common…

How to Preserve Error for Appeal in Indiana

On Behalf of Dixon & Moseley, P.C. | May 28, 2026 | Uncategorized

Executive Summary There are several things that an attorney can do to ensure that an error is preserved for appeal. Making timely and specific objections and obtaining an explicit ruling from the judge on such objections can ensure that a matter is preserved. If evidence is excluded, the attorney should make offers of proof through questioning the witness outside of…

Can a mother legally deny parenting time to an unmarried father?

On Behalf of Dixon & Moseley, P.C. | May 10, 2026 | Uncategorized

The answer depends on several important legal factors, including paternity, custody orders, and the best interests of the child. An unmarried mother has sole legal custody in Indiana unless a court orders otherwise. An unmarried father does not have enforceable rights until paternity is established by either signing a paternity affidavit or filing a paternity action in court. If paternity…

What Happens to the House in an Indiana Divorce?

On Behalf of Dixon & Moseley, P.C. | Apr 23, 2026 | Uncategorized

Executive Summary A house is considered marital property if it is owned by one or both spouses, even if it was acquired before the marriage. Indiana law presumes that a 50/50 division of marital property is fair, but this presumption can be rebutted by a number of factors. As for the house specifically, the court may award the house to…

How Indiana Courts Divide Retirement Accounts in Divorce

On Behalf of Dixon & Moseley, P.C. | Apr 21, 2026 | Uncategorized

Retirement accounts are generally considered marital property to the extent that were earned during marriage. Although retirement funds that accumulated before the marriage are not automatically excluded from the marital property, they can affect how the marital property is divided. 401(k)s and employer-sponsored retirement plans are divided using a Qualified Domestic Relations Order (QDRO), which is a court order directing…

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Recent Posts

  • How Many Days Do You Have to Appeal in Indiana? (2026)
  • How to Appeal a Case in Indiana: Step-by-Step Guide, Deadlines, Costs, and Common Mistakes (2026)
  • Common Grounds for Appeal in Indiana Civil Cases (Complete Guide)
  • When Is Parental Consent NOT Required for Adoption in Indiana? (2026 Guide)
  • Failure to Object: When Is an Issue Waived?

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