Step 1: Petition

A parent, custodian and/or guardian who has the legal right to custody of the child can meet with an intake officer in Fairfax County Juvenile and Domestic Relations District Court Domestic Relations intake office to prepare a child in need of supervision or child in need of services, ("CHINS"), petition. Regarding a child in need of services petition, the intake officer will prepare and file a petition if the parent and the child have made reasonable efforts to use or attempt to use treatment and services available in the community and have exhausted all non-court remedies available to them.

A child in need of supervision petition will be filed only after an intake officer determines that (1) while subject to compulsory school attendance, the child is habitually and without justification absent from school (truant), (2) the child's behavior is a threat to his or her life or health, including running away from home, or (3) the child committed an offense prohibited by law that would not be a criminal act if committed by an adult.

Step 2:  Adjudication/Trial

After a CHINS petition is filed, the child has a right to due process, specifically, the right to have a hearing where they can present evidence and arguments in their favor.  The child also has the right to an attorney, which can be appointed by the court.  If necessary, the court can also appoint a separate attorney called a guardian ad litem, who will meet with the family, visit their home, investigate the allegations and their findings back to the court.  

At trial, the parent that filed the CHINS petition must demonstrate, through evidence that the child needs services, are not attending school, ran away from home, or committed a status offense.  The child's attorney can question the parent about the allegation.  Then, the child will have the opportunity to testify and present witnesses and documents contesting the allegations. If the court finds that the child is in need of supervision or services, the matter will be scheduled for a separate hearing, “disposition,” to determine what services and conditions should be imposed, which are in the child's best interest.

Instead of a trial, the child can admit the allegation made by their parent.  The court will then schedule a hearing for disposition.

Step 3:  Interdisciplinary Team Meeting 

During the period between adjudication and disposition, a group of professionals, called an interdisciplinary team, will convene to create a treatment plan for the child. Participants will include the child, parents, teacher, probation officer, (if appointed by the court), and mental health treatment provider.  The Team will meet and determine what services are needed to help the child progress.  A report is written summarizing the Team's findings, which is sent to the judge for consideration before the disposition hearing.

Step 4: Disposition

At disposition, the parent and child can make argument as to what services and conditions should be imposed. Services can include therapy for the child and the family, substance use treatment, or transfer to a residential treatment facility. In child in need of supervision cases, the court can excuse the child from the requirement to complete compulsory education. The court can also appoint a probation officer to ensure that the child remains in their home, as ordered by the court.

Step 5:  Review

After the dispositional hearing, the parties will return to court for review to determine the child's progress. The court may impose additional conditions, supervision, or services, as needed.