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Apr 3 2018

What is the difference between parties and participants in CHIPS cases?

“Parties” include:

  • Petitioner (usually the county)
  • Child’s legal custodian
  • Child’s guardian ad litem
  • Child’s Indian tribe (if applicable)
  • Others who intervene as a party and/or are deemed by the court to be important to the resolution that is in the best interests of the child

Parties have all the following rights:

  • Notice of hearing
  • Legal representation
  • Ability to conduct discovery
  • Subpoena witnesses
  • Make arguments
  • Present evidence
  • Bring motions
  • Appeal orders

“Participants” include:

  • The child
  • Parent who is not legal custodian
  • Any alleged/presumed father
  • Relatives
  • Foster parents
  • Any other person deemed by the court to be important to a resolution that is in the best interests of the child.

Participants have the following rights:

  • Notice and copy of CHIPS petition
  • Right to attend the hearing
  • Offering information at the discretion of the court
  • Foster parents (considered “participant’s plus) have the right to be heard in any hearing regarding the child
  • Can move to intervene as parties
  • Intervention may be discretionary
  • Or Intervention of right
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