Mason City Juvenile Removal Lawyer

Mason City Juvenile Removal Attorney

Legal matters involving the well-being of children can be especially complicated, especially when it comes to children in need of assistance. It is vital in these kinds of cases to focus on the health, both physical and mental, of the child in question. A Children in Need of Assistance (CINA) case could very easily evolve into a Termination of Parental Rights (TPR) case, depending on the details of the case at hand. To learn more, reach out to our skilled Mason City juvenile removal lawyer at O’Mara Law Office, PLLC.

At O’Mara Law Office, PLLC, our criminal defense attorney understand how difficult a CINA case can be. We treat every client with empathy and respect throughout the legal process. We have significant experience with juvenile crime removal, and we’re prepared to represent you.

What Is a Children in Need of Assistance (CINA) Case in Iowa?

A CINA case in Iowa occurs when a parent has done something to hurt or negatively affect their child, whether through abuse or neglect, and the child is at serious risk. It could also involve a child who has been abandoned for whatever reason. Regardless, if the child is in danger, they may be in need of legal assistance. Some instances where a CINA case may be vital for a child’s well-being are:

• The child has been abandoned by their parent or guardian.
• The child is being physically abused or neglected by their parent, guardian, or someone else living in the household, or the child is likely to be imminently abused or neglected.
• The child is being mentally abused by their parent, guardian, or someone living in the household.
• The child’s parent or guardian is failing to exercise an expected degree of care, such as providing basic food, shelter, clothing, and other essentials.
• The child’s parent or guardian has willfully exposed them to harmful or obscene material, such as pornography.
• The child has been sexually abused by their parent, guardian, or someone living in the household.
• The child is in serious need of medical treatment that is not being given to them by anyone in the household.
• The child has been pressured into committing a crime by their parent, guardian, or someone living in the household.

How Does a CINA Case Work?

To begin with, if a child is found to be in danger due to neglect or abuse by the Department of Health and Human Services (DHHS), a CINA case may be opened. The DHHS may request that you consent to have the child removed from the home for a certain period of time. The DHHS may also obtain an emergency order to have the child removed without your presence.

If your child is removed from your home without your express consent, there will be a removal hearing within ten days of the initial removal. At the hearing, a judge will determine if the child should return to your home or if further investigation into abuse and neglect allegations is needed. You will have an opportunity to present evidence that supports your side of the story, and you will be allowed to have an attorney present.

A CINA petition will be filed by the DHHS and will include all the valid reasons why they believe your child is in need of court assistance to escape a situation of abuse and/or neglect. If the child was removed from your home via the emergency order, the petition must be filed within three days of that order.

Once that petition has been filed, there will be an adjudication hearing within 60 days. You and your attorney will need to prepare for that hearing by gathering evidence that supports your side of the case. The juvenile court will determine whether or not your child is in need of any legal assistance due to negligence.

After the adjudication hearing comes the disposition hearing. At this hearing, you will stand before a judge, who will then lay out everything that needs to be done in order for your child to return home to you. You may be allowed to have your child stay with other family members or with friends while you follow the court’s orders.

Ongoing Hearings

Next, there will be a review hearing every six months to determine if you are adhering to the court’s orders from the disposition hearing. A judge will decide if you are correctly following the court’s demands and recommendations, whether additional demands are needed, and whether the court feels that it is time for your child to return home. If there are services the Mason City, Iowa court can provide you that would make life better for your child, you should bring them up at this hearing.

A permanency hearing will follow. This will be held six months after the initial removal if your child is younger than four years old or 12 months after the initial removal if your child is four years old or older. This hearing will determine whether the end goal for you and the court is to reunite you with your child or if another path is considered better for the child.

Potential Termination of Parental Rights

A judge may decide that termination of parental rights (TPR) is necessary moving forward. This does not automatically mean you lose your parental rights. It just means there will be another hearing to determine whether you keep your parental rights or lose them.

The entire CINA process is complex for a reason. When the well-being of a child is on the line, it is important to be thorough with the investigation and allow parents to fix any problems they may have allegedly caused so that their children can return to them.

Reach Out to a Juvenile Removal Lawyer Today

A CINA case can be difficult and painful for many families to deal with. An experienced juvenile removal lawyer can help you determine the right path to take during a particularly stressful time for you and your family.

The legal team at O’Mara Law Office, PLLC, can provide you with experienced, passionate, and empathetic legal assistance. We also speak Spanish, so we can support all of our community. Contact us to schedule a consultation as soon as you can.