Dannenbaum Law Firm, PLLC

Children In Need Of Supervision (CHINS)

If you have a child who is beyond parental control, the state may file CHINS petition. CHINS stands for Children In Need of Supervision.

Virginia statute defines a child in need of supervision as:

1. A child who, while subject to compulsory school attendance, is habitually and without justification absent from school, and (i) the child has been offered an adequate opportunity to receive the benefit of any and all educational services and programs that are required to be provided by law and which meet the child's particular educational needs, (ii) the school system from which the child is absent or other appropriate agency has made a reasonable effort to effect the child's regular attendance without success, and (iii) the school system has provided documentation that it has complied with the provisions of ยง 22.1-258; or

2. A child who, without reasonable cause and without the consent of his parent, lawful custodian or placement authority, remains away from or deserts or abandons his family or lawful custodian on more than one occasion or escapes or remains away without proper authority from a residential care facility in which he has been placed by the court, and (i) such conduct presents a clear and substantial danger to the child's life or health, (ii) the child or his family is in need of treatment, rehabilitation or services not presently being received, and (iii) the intervention of the court is essential to provide the treatment, rehabilitation or services needed by the child or his family.

If the Court determines that the child meets the elements of the above statute, then the Court can order the child be placed in the custody of a relative, other suitable person, foster home, or state institution.

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