Child in Need of Services or Child in Need of Supervision (CHINS)

In Virginia, a child can be the subject of a court proceeding based on his/her non-delinquency behavior, and such status-based offenses are commenced through the filing of a petition in the appropriate Juvenile & Domestic Relations District Court.   There are two categories:  1) Child in Need of Services; and 2) Child in Need of Supervision.  Both are typically referred to as “CHINS” and, specifically, identified as “CHINS Services” or “CHINS Supervision.”

Section 16.1-228 of the Code of Virginia defines CHINS Services and  CHINS Supervision.

• CHINS Services is defined:  “(i) a child whose behavior, conduct or condition presents or results in a serious threat to the well-being and physical safety of the child or (ii) a child under the age of 14 whose behavior, conduct or condition presents or results in a serious threat to the well-being and physical safety of another person.”  In order to be found a CHINS Services, the Code provides that “(i) the conduct complained of must present a clear and substantial danger to the child’s life or health or to the life or health of another person, (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.”

• CHINS Supervision addresses truancy and runaway behaviors.
  • First, with regard to truancy,a child, who is subject to compulsory school attendance, may be found to be in need of supervision if such child  is habitually and without justification absent from school after reasonable efforts have been made by the school without success to effect the child’s regular attendance.
  • Second, with regard to runaway behaviors, a child may be found in need of supervision if such child, “without reasonable cause and without the consent of his parent, lawful custodian, or placement authority” remains away from his family or lawful custodian on more than one occasion or escapes or remains away without authority from a court-ordered residential care placement, 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.

Once a child has been found CHINS Services or CHINS Supervision, the juvenile court may enter orders regarding disposition for the supervision, care and rehabilitation of the child.  Section 16.1-278.4 sets forth the dispositional options for CHINS Services cases and 16.1-278.5 provides the options in CHINS Supervision cases.

While CHINS Services and CHINS Supervision cases are “status” and not “delinquency” matters, they, nonetheless, regularly involve monitoring or enforcement by a probation officer.  Accordingly, a child or parent’s failure to comply with a Court Order can result in the filing a violation or rule to show cause against a child or parent, respectively, and a dispositional option for each can be detention for the child or incarceration for the parent.  Moreover, dispositional options may include placement of the child in a residential treatment facility or foster care.  Accordingly, it is critical to ensure that your attorney understands the complexities in this area of the law.

If you are a parent or legal custodian and you are considering court assistance for your child through CHINS Services or CHINS Supervision, or your child is currently court-involved and you or your child require legal representation, please contact our office to schedule an appointment.