Referring to to cases where the welfare of a child is at risk due to neglect, abuse, or a lack of proper care, CINA (Children in Need of Assistance) ensures children’s wellbeing and safety.
At The Bishop Law Group, our seasoned Baltimore family lawyers will listen to your side of the story, answer your questions, and address your concerns. We know what a difficult time this is for you and your family, and we strive to find the most effective and cost-efficient solution to your problems. Above all, this is your life and your case; we will not make any decisions without your involvement and approval.
If you are seeking an experienced and compassionate family law attorney you can trust, call The Bishop Law Group today to discuss the details of your case. Our firm proudly serves clients throughout Maryland, including Baltimore, Ocean City, and other nearby areas.
Understanding CINA (Children in Need of Assistance)
Children in Need of Assistance (CINA) refers to cases where the welfare of a child is at risk due to abuse, neglect, or a lack of proper care. In Maryland, the court, with the involvement of the Department of Social Services (DSS), oversees these cases to ensure the safety and well-being of children.
For a free legal consultation, call (410) 390-3101
Who Is a Child in Need of Assistance?
A child may be considered “in need of assistance” when:
- The child has experienced:
- abuse
- neglect
- has a developmental disability
- mental health disorder
- The child’s parents, guardians, or custodians fail to provide proper care and attention to the child’s needs.
Definition of Abuse
Abuse includes:
- Sexual abuse, such as molestation, exploitation, trafficking, or allowing the child to engage in obscene activity or prostitution
- Physical or mental injury caused by a parent, caretaker, or household member that harms the child’s health or welfare
Court’s Goal
The primary goal in CINA cases is to find a permanent and safe placement for the child. Separating a child from their parents occurs only when it is necessary for their safety. Whenever possible, the law prioritizes placing the child with relatives over non-relatives, if it is in the child’s best interest.
Filing a CINA Petition
When the DSS determines that a child requires assistance, it files a formal CINA petition.
Filing Location
The petition may be filed:
- In the county where the child resides
- In the county where the incident leading to the determination occurred
Information Required in the Petition
The petition must include:
- The petitioner’s name and address
- The child’s name, address, and date of birth (if known)
- The names and addresses of the child’s parents, guardians, or custodians
- The reason for the court’s jurisdiction and the specific facts proving that the child is in need of assistance
- A list of witnesses the petitioner intends to call to testify
- Information regarding shelter care, if applicable, including:
- The date shelter care began
- Whether the parent or guardian was notified
- A request for continued shelter care, if necessary.
Click to contact our lawyers today
Stages of CINA Proceedings
CINA cases typically progress through the following stages:
- Shelter Care
- Adjudication
- Disposition
- Permanency Planning
Shelter Care
Emergency shelter care may be provided by DSS if:
- The child is in serious and immediate danger.
- No parent, guardian, or relative is available to supervise the child.
- Remaining in the home would endanger the child’s welfare.
Notification and Filing
If shelter care is provided, DSS must:
- Notify the child’s parents, guardians, or custodians in writing
- File a CINA petition the following day
Shelter Care Hearing
A hearing is held on the same day the petition is filed (or within eight days if postponed). The court will decide whether continued shelter care is necessary. Shelter care may only continue if:
- The home is deemed unsafe for the child’s return
- Removing the child is essential for their safety
- Efforts to make the home safe have been unsuccessful
Adjudication
The adjudicatory hearing determines whether the claims in the CINA petition are true.
Timeline
- If the child is in shelter care: The hearing must take place within 30 days (with a possible 30-day extension for good cause).
- If the child is not in shelter care: The hearing must occur within 60 days.
Burden of Proof
DSS must prove the allegations by a preponderance of the evidence. If the allegations are substantiated, the case advances to the disposition phase.
Disposition
At the disposition hearing, the court decides whether the child is a CINA.
Possible Outcomes
- Case Dismissal: If no assistance is needed, the child is returned to the parents.
- Further Assessment: For children with developmental or mental health needs, further evaluation may be requested.
- Foster Care Placement: The child may be placed in foster care.
- Custody Awarded: Custody may be given to someone who can adequately care for the child.
Permanency Planning
If a child is removed from their home, the court must hold a permanency planning hearing within 11 months of the initial removal.
Permanency Plan Priorities
The court determines a plan in the child’s best interest, such as:
- Reunification with the parent or guardian
- Placement with a relative for adoption or guardianship
- Adoption by a non-relative
- Custody and guardianship by a non-relative
- For children aged 16 or older, a planned living arrangement that addresses their needs
Waiver of Reunification Efforts
The court may waive efforts to reunify the child with their parents if:
- The child has suffered severe abuse, neglect, or abandonment
- A parent has been convicted of violent crimes against the child or others in the household
- The parent has previously lost parental rights for another child
- If reunification efforts are waived, a permanency planning hearing must occur within 30 days, with subsequent hearings every 6 months
Complete a Free Case Evaluation form now
Additional Considerations
Drug Exposure at Birth
If a child is born exposed to illegal drugs or if a parent tests positive during delivery, the court presumes the child is not receiving adequate care. Completing a substance use treatment program may rebut this presumption.
Voluntary DSS Custody
Parents may voluntarily place their child in DSS custody by signing a written agreement outlining the child’s legal status and the roles of all parties involved.
Need Assistance With CINA?
If you, or someone you know, have questions about CINA or believe there may be a child in danger, consulting an experienced family law attorney is essential.
Contact The Bishop Law Group to schedule a consultation. Our team will guide you step by step through the process and ensure your rights are protected.
Call or text (410) 390-3101 or complete a Free Case Evaluation form
