CINA Cases
CINA cases open with the county attorney's petition
alleging some way that the child is in need of
supervision by the State. Often times these
allegations are due to an action or inaction of the
parents or guardians.
CINA cases often allege that the parents have
failed to exercise reasonable care of the child, or
that the child has tested positive for illegal drugs.
Many cases are opened after an Iowa Department
of Human Services investigation, or after the police
have conducted a criminal investigation.
If a parent is arrested for drug use or drug
distribution about the child's home, a CINA case is
almost surely brought.
A case begins when the County Attorney reviews
the investigator's reports and makes the decision to
file a petition. The petition is served (often by a
sheriff) upon the parent or parents. If the
allegations are severe enough, the sheriff may also
bring an emergency removal order and immediately
place the child in foster care.
If an emergency removal takes place, a hearing is
scheduled immediately to determine if the state has
enough evidence to withhold the child.
If there is no emergency removal hearing, the first
appearance in court will be the pretrial conference.
At the pretrial conference, the parents will be
required to have an attorney present. If the
parents cannot afford an attorney, the state will
provide one.
The Court will appoint an attorney for the child,
called the Guardian ad Litem, or GAL. The GAL will
act in the best interest of the child.
The pretrial conference is the date for the parents
to decide (along with their attorney) if they wish to
fight the case and demand an adjudicatory hearing.
If the parents request an adjudicatory hearing, then
the parties must determine how much time they will
need in court to submit all of their evidence and
testimony. The State and the parents must make
the Court aware of all of the witnesses and exhibits
they plan on using.
If the parents stipulate to, or agree with, the facts of
the petition, then the adjudicatory hearing is
skipped and they proceed directly to the
dispositional hearing.
Otherwise, an adjudicatory hearing is held.
Mark Thompson, Attorney at Law
220 Lafayette Street
Suite 120
Iowa City, IA 52240
ph: (319) 354-1630
fax: (319) 887-2537
mark@thompsonjustice.com
The information contained in this website is not intended to be legal
advice. With any criminal matter, you should seek the advice of a
lawyer practicing in criminal defense.
Copyright, Mark Thompson, Attorney at Law, All Rights Reserved.
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alleging some way that the child is in need of
supervision by the State. Often times these
allegations are due to an action or inaction of the
parents or guardians.
CINA cases often allege that the parents have
failed to exercise reasonable care of the child, or
that the child has tested positive for illegal drugs.
Many cases are opened after an Iowa Department
of Human Services investigation, or after the police
have conducted a criminal investigation.
If a parent is arrested for drug use or drug
distribution about the child's home, a CINA case is
almost surely brought.
A case begins when the County Attorney reviews
the investigator's reports and makes the decision to
file a petition. The petition is served (often by a
sheriff) upon the parent or parents. If the
allegations are severe enough, the sheriff may also
bring an emergency removal order and immediately
place the child in foster care.
If an emergency removal takes place, a hearing is
scheduled immediately to determine if the state has
enough evidence to withhold the child.
If there is no emergency removal hearing, the first
appearance in court will be the pretrial conference.
At the pretrial conference, the parents will be
required to have an attorney present. If the
parents cannot afford an attorney, the state will
provide one.
The Court will appoint an attorney for the child,
called the Guardian ad Litem, or GAL. The GAL will
act in the best interest of the child.
The pretrial conference is the date for the parents
to decide (along with their attorney) if they wish to
fight the case and demand an adjudicatory hearing.
If the parents request an adjudicatory hearing, then
the parties must determine how much time they will
need in court to submit all of their evidence and
testimony. The State and the parents must make
the Court aware of all of the witnesses and exhibits
they plan on using.
If the parents stipulate to, or agree with, the facts of
the petition, then the adjudicatory hearing is
skipped and they proceed directly to the
dispositional hearing.
Otherwise, an adjudicatory hearing is held.
Mark Thompson, Attorney at Law
220 Lafayette Street
Suite 120
Iowa City, IA 52240
ph: (319) 354-1630
fax: (319) 887-2537
mark@thompsonjustice.com
The information contained in this website is not intended to be legal
advice. With any criminal matter, you should seek the advice of a
lawyer practicing in criminal defense.
Copyright, Mark Thompson, Attorney at Law, All Rights Reserved.
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