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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