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Apr 10 2018

How does a CHIPS case proceed?

The statutes and rules controlling timelines in CHIPS cases are derived from state and federal law. The expedited nature of the current timelines are designed to prevent “foster care drift,” which is when a child lingers in foster care placement.

The county must design and implement a two-track plan to reunify the child with his/her parent while simultaneously planning for an alternative permanency option. This is called a “concurrent permanency plan”. For example, some foster parents agree to adopt a child when and if she/he becomes legally able for an adoption.

The following timeline is an example of how a case would proceed if it related to a non-Indian child who has been removed from his/her custodial parent’s home:

Day Event
1 Child removed from home
3 Emergency Protective Care Hearing
3-13 Admit/Deny Hearing
14-53 Pretrial Hearing
63 Trial
79 Findings/Adjudication
79-88 Disposition Hearing
168-178 Disposition Review Hearing
180 Permanency Progress Review Hearing
258-268 Disposition Review Hearing
335 Permanency Petition Filed
348 Disposition Review Hearing
365 Admit/Deny Hearing on Permanency Petition
455+ 90 Day Review
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