Child In Need Of Care
Overview
In the year 2003, our Division filed 531 CINC cases. Of these cases, 210 were for truancy, and 321 were for other reasons, such as abuse, neglect, or runaway behavior. A CINC case can be referred to our office in one of three ways: by SRS (the Kansas State Department of Social and Rehabilitation Services), by law enforcement, and by schools (for truancy cases).CINC Procedures
Just as in JO cases, there are several options early on in a case. Most CINC referrals are made to SRS (the local area SRS office is 913-826-7300). SRS must screen out these referrals and decide which ones merit further investigation. In cases where criminal conduct is alleged (such as abuse), law enforcement will also be asked to help investigate. If the allegations are such that the child could be "harmed", law enforcement has the authority to take the child into custody. In such cases, the court must hear the case within 72 hours to decide whether the child should remain in custody or go home while the CINC case is pending. In the great majority of cases, SRS works with the family without any court filing.If a CINC case is filed with the court, an attorney will be appointed to represent the child’s best interests. This attorney is called a guardian ad litem. The child’s parents or guardians are also authorized to retain an attorney to represent their interests. If the parents or guardians are deemed indigent, an attorney may be appointed on their behalf.
In CINC cases, the court must first determine whether all parents and grandparents have been properly notified. Then the court must determine if the child is "in need of care" (meaning, that the child is without proper care or supervision, or has been abused, or is truant, or other statutory reasons). If the court finds the child to be a CINC, the court has tremendous authority to make orders for the child and family. The court may order the child and parents to obtain counseling or treatment. The court may order the child placed in the custody of a relative or in state custody.
If the child is ordered by the court to live out of the home, the court may require the parents to seek appropriate treatment. If such treatment is unsuccessful, the court may consider a termination of parental rights. Such a remedy is drastic and only occurs in a very small portion of all filed CINC cases.
