Legal Question in Criminal Law in Minnesota

Re: drug paraphenilia and social services

I just received your question about the "search" of your home by social services.

First, I presume social services received a complaint about conditions in the home, and about the welfare of children in the house. They do not require a search warrant to enter the home and conduct an inspection, since the result of their investiation is not a criminal charge, but probably a civil proceeding to determine whether the children are in need of protective services. This is commonly called a "CHIPS" proceeding.

Second, I presume they were allowed into to the home -- that is, I presume they did not break into the home with force.

Third, once in the home, if they observe other conditions that, in their opinion, pose a significant and immediate threat to the health and welfare of the children, they will more that likely remove the children, place them in a shelter, and file a CHIPS petition.

The parents will ordinarily then be served with a CHIPS petition, and will have the right to respond to the petition in juvenile court. In all likelihood, the court will then appoint a guardian ad litem to represent the children, and a social worker to evaluate the facts and make a report to the court. The court will likely require the parents to correct whatever conditions are believed to pose a threat to the children. If that does not occur, and the conditions are bad enough, the proceeding could conceivably end in a termination of parental rights -- although that is the most extreme result. Short of that, the children could remain in foster care until the parents correct the offending conditions.

If you or the parents have additional questions, my contact information is below. You should realize that, depending on the circumstances, the court may appoint a lawyer to represent each of the parents. Good luck.