The Attorneys at Dixon & Moseley, P.C.
Strong, Trial-Ready Advocates Protecting Your Rights
In Indiana, there are thousands of DCS’ investigations each year. Many result in filing a petition to open a CHINS’ action against the parents. In the initial investigation from the DCS to and through the hearing, if a CHINS petition is filed, parents have the constitutional right to counsel. The question this blog post focuses on is, “Should parents have…
The Indiana Department of Child Services (“DCS”) is tasked with investigating thousands of reports of abuse or neglect of children each year. This agency is literally the protector of children from certain parents. However, perhaps the oldest and most fundamental of constitutional rights is to raise one’s children as he or she sees fits, despite what the state may think…
As with all cases brought against an individual or family (civil or criminal), the State has the burden of proof. With respect to neglected children (“CHINS”) or children who commit acts that would be crimes (“Juvenile Delinquents”) if an adult, the Indiana Department of Child Services (“DCS”) acts for the State. In a recent case, a divided Indiana Court of…
Parents have a right to raise their children without state interference under what has been referred to as the most fundamental right in the United States Constitution. However, there is a point where parental decisions cross the line into abuse or neglect or children engage in activities that would be criminal if they were adults. When this occurs, Child Protective…
“Do I need an Attorney if I’m am contacted by CPS about my child in Indiana?” Each year Indiana Child Protective Services receives and investigates thousands of calls about suspected child abuse or neglect from a host of individuals ranging from doctors to teachers to counselors. Their job is to investigate and, if necessary, file a request for a Child…
The Line Between Abuse, Neglect and Criminal Acts in Indiana One of the strongest constitutional protections is the fundamental right to raise children without the State telling parents how to do it. However, everyone understands that freedoms and rights come with responsibilities and obligations. This is also true for children. Indiana is a conservative legal state, but has drawn lines…
In Indiana, the Department of Child Services (DCS) investigates all allegations of abuse and neglect of Indiana’s children. There is a hotline where any person who suspects abuse or neglect of a child may make a report: 1-800-800-5556. Reports often come from doctors, teachers, and counselors. As a parent of underage children, it is possible you will receive a DCS…
Where the is a dispute about a child, from its biological parent to impermissible removal of a child from his or her home to return, there are numerous statutory laws that apply to ensure the child’s best interests are met and/or the proper court hears the matter. This blog is written to summarize those for you to better understand questions…
Ensuring the Children’s Best Interests In many of our previous blog posts, we have explored the determination of a child being CHINS (a Child in Need of Services)1, TPR (Termination of a Parent’s Rights)2, and adoption3. Ultimately, all of these cases that involve where children are placed when the parents have legal issues impacting their ability to parent are governed…