A call from the Indiana Department of Child Services can make your stomach drop. Many parents experience panic, anger, or shame immediately. Some assume they will lose their kids. Others think they can talk their way through it alone. Both reactions can lead to mistakes.
A DCS investigation is not a criminal conviction. It is an assessment of alleged child abuse or neglect to decide if a child is safe and whether the state needs to step in. DCS is required to investigate reports and make a safety decision. What you do early matters. The right steps can keep your family together and protect your rights.
We wrote this guide to help Indiana parents understand what happens, what DCS can and cannot do, and how to respond in a way that protects your child and your future.
If you have more questions or need assistance, call our family law attorneys at Eskew Law today.
How A DCS Investigation Starts
A DCS case usually begins with a report. Anyone can report suspected abuse or neglect. Some people are mandatory reporters, such as teachers, doctors, and social workers. DCS reviews the report and determines whether it meets the assessment rules.
Common triggers include:
- A school report about bruises, behavior, or attendance
- A hospital report after an injury or drug exposure
- A neighbor or family member’s complaint
- A police call about domestic conflict, drugs, or unsafe housing
- A newborn testing positive for substances
Some reports are accurate. Many are exaggerated or false. DCS must still look into them.
What DCS Caseworkers Do During An Investigation
Indiana DCS calls an investigation an assessment. The purpose is to gather facts, interview people, and decide if the child is safe.
Home Visit And Interviews
Caseworkers may come to your home or request to meet elsewhere. They usually want to:
- See your child
- Talk with your child privately
- Talk with you and other adults in the home
- Look at living conditions
- Ask about routines, discipline, and who provides care
DCS policy requires interviews with relevant people and documentation of home conditions.
Requests For Records And Testing
Depending on the report, DCS may request:
- Medical and mental health records
- School records
- Drug screens or substance use evaluations
- Photos of injuries or living conditions
These steps are allowed when connected to child safety.
Safety Planning
If the worker believes there is a safety risk, they may propose a safety plan. This could include:
- A relative staying in the home
- A parent agreeing to supervised contact only
- A temporary move by one adult
- Parenting or counseling services
Safety plans can be helpful. They can also be used against you later if they are poorly written or not realistic. DCS policy makes safety planning part of the assessment process. We advise you to read every line and understand what you are agreeing to.
Your Rights During A DCS Investigation
Parents in Indiana have real rights in DCS cases. Knowing them helps you avoid accidental self-harm.
You Can Ask For Identification And Purpose
You can ask the worker who they are, why they are there, and what allegations are being investigated. You can ask for basic details about the report.
You Do Not Have To Let DCS Into Your Home Without A Court Order
If a caseworker does not have a warrant or court order, you can refuse entry. You can choose to talk outside or schedule another time. There are exceptions if police are present with a legal basis or if there is an emergency, but a normal visit is not automatic access.
You Can Decline To Answer Questions
You are not required to answer every question on the spot. What you say can be written into the record and used later in court. If you feel overwhelmed, it is reasonable to say you want legal advice before you continue.
You Can Request An Attorney
If the case becomes a CHINS court case, parents have a right to counsel, including appointed counsel if they qualify. Even before court, speaking with an Indiana DCS attorney can protect you from missteps.
You Can Provide Your Own Evidence
You can give DCS documents or witnesses that support your side, such as:
- Medical records
- Photos showing safe conditions
- Texts or emails proving cooperation with care
- Names of people who help with your child
Do not assume the worker will look for evidence that helps you. We build that file ourselves.
How Long A DCS Investigation Takes
Indiana DCS has strict timing rules. The assessment must be completed and a finding made, usually within 45 days from the intake report. The worker produces a written report and chooses a finding, such as substantiated or unsubstantiated.
If the case is serious, a CHINS petition can be filed earlier, even before the 45-day period ends.
Possible Outcomes After The Investigation
At the end of the assessment, DCS will choose one of several paths.
Unsubstantiated And Closed
If DCS does not find enough evidence of abuse or neglect, the report is unsubstantiated and the case closes. Your child stays home with no court case.
Informal Adjustment Or Voluntary Services
Sometimes DCS believes there is risk but not enough for court. They may offer informal services or an informal adjustment. This is a voluntary plan to address concerns without filing CHINS. These plans still create a record, so treat them seriously.
CHINS Case Filed In Court
If DCS believes the child is not safe without court oversight, they can file a CHINS petition. CHINS means Child In Need Of Services. The case moves to juvenile court in your county.
Once CHINS is filed, the timeline includes:
- Initial or detention hearing soon after removal or petition
- Fact finding hearing where the court decides if the allegations are true
- Dispositional hearing where services and custody plans are ordered
Removal From The Home
Removal is not automatic. DCS must show the child cannot be kept safe at home even with a plan. DCS policy sets rules for removals and requires justification. Still, removal can happen quickly if the allegations involve serious harm, drugs, or immediate danger.
What Parents Should Do Right Away
There is a way to handle a DCS investigation that protects your child and your legal position at the same time.
Stay Calm And Respectful
You do not have to agree with DCS to stay calm. Angry confrontations are often characterized as instability or a refusal to cooperate. A steady approach keeps the focus on facts.
Get The Allegations In Writing If Possible
Ask what the concern is. Ask what dates and events they are focused on. Misunderstandings happen. Clear allegations help us respond directly.
Do Not Guess Or Fill In Gaps
If you do not know an answer, say so. Guessing can create contradictions later. Let the facts speak.
Document Everything
Keep a notebook or a secure file with:
- Dates of each contact
- Names of workers
- What was asked
- What you provided
- Any services you were told to complete
If you send documents, keep copies.
Identify Safe And Reliable Relatives
If DCS talks about placement, Indiana prioritizes kinship options. Having a list of stable relatives ready can help prevent a foster placement if circumstances change.
Call A Lawyer Early
Waiting until a CHINS filing or removal makes defense harder. Early legal help can:
- Limit the investigation scope
- Control communication
- Prevent unsafe safety plan terms
- Prepare evidence before a finding is made
We step in early for that reason.
Common Mistakes That Hurt Parents
We see a few patterns that create avoidable damage.
Signing A Safety Plan Without Understanding It
Some plans are vague, impossible, or admit facts you disagree with. Never sign in a rush. A plan is a legal tool.
Talking To Investigators Like They Are Therapists
Caseworkers can be kind. They are still collecting evidence. Share facts, not long emotional explanations or side stories.
Posting About The Case Online
Social media posts can be pulled into evidence. Even private posts can be shared by others. Stay off the topic online.
Missing Visits Or Services
If DCS offers voluntary services and you agree, follow through. Missed steps are labeled non-cooperation.
If Police Are Also Involved
Some DCS cases overlap with criminal investigations. If law enforcement is involved, do not give statements without counsel. What you say to the police is different from what you share with DCS, and both can be used in court. We coordinate defense so one case does not sink the other.
How We Help Families During DCS Investigations
Our role is to protect your rights and keep your child safe. We do that by:
- Reviewing the allegations and evidence early
- Communicating with DCS for you
- Preparing written responses and documentation
- Challenging weak or biased claims
- Negotiating safe, realistic plans
- Representing you in CHINS court if it is filed
We focus on outcomes you can live with, not empty promises.
Talk With Us If DCS Contacts Your Family
A DCS investigation is serious, but it is not the end of your story. Many cases close when parents respond clearly, document well, and get the right help early. The key is not panic. The key is strategy.
If DCS has contacted you or you think a report was made, call us. We will listen, explain where you stand, and help you take control of the situation before it controls you.
