If the Department of Child Services has knocked on your door in Greene, Monroe, Lawrence, or Owen County, you have probably already learned how quickly a child in need of services (CHINS) case can take over your family’s life. A law that took effect on July 1, 2026 makes one small but meaningful change to how those cases begin and end.
Here is what it says, in plain English, and what it does not say.
What HEA 1036 actually requires
House Enrolled Act 1036 (P.L. 37-2026) adds a requirement to Indiana’s DCS statutes: the Department must have direct, in-person contact with the alleged victim of child abuse or neglect no more than 30 days before it either
- concludes its assessment under IC 31-33, or
- dismisses or terminates a CHINS case that is pending before a juvenile court.
In other words, DCS cannot close the book on an assessment, or end a pending CHINS case, based only on old information or on contact made by phone months earlier. Someone has to lay eyes on the child, in person, within the 30 days before that decision.
Why it matters for families
Most parents experience a DCS assessment as something that happens to them. This rule adds a checkpoint near the finish line, and that cuts in two directions:
- If your case is being closed, there should be recent, in-person contact with your child in the file. That contact is now part of the record your attorney can ask about.
- If your case is dragging, the 30-day window is a concrete date to ask about at your next hearing: when did DCS last see the child in person?
It also reflects something family lawyers and family case managers have said for years — paper does not tell you how a child is doing. A visit does.
What the law does not change
It is worth being precise here, because there is a lot of bad information online about DCS.
- It does not change the standard for what makes a child a CHINS.
- It does not change your obligations under an existing court order or safety plan.
- It does not create a deadline for DCS to close your case.
- It does not change the rules on when DCS may interview your child, at home or at school. Those questions are governed by Indiana Code Title 31 and DCS’s own policies, and they usually turn on consent, a court order, or exigent circumstances.
A short checklist if DCS contacts you
Every case is different, and nothing below is legal advice for your situation. But these habits help almost everyone:
- Write down names, dates, and times. Which family case manager, what day, what was asked, who was present.
- Be polite and be careful. You can be cooperative and still ask questions before you answer them. Wanting a lawyer present is not evidence of anything.
- Ask what stage the case is in. An assessment, an informal adjustment, and a filed CHINS petition are three different things with three different sets of rights.
- Keep your own timeline. Doctor visits, school contacts, exchanges, missed and completed services. A dated log is more persuasive than a memory.
- Read every order you are handed before you leave the courthouse, and ask the court to explain anything that is unclear.
- Talk to an attorney early, not after the fact-finding hearing is set. If you cannot afford one, ask the court about appointed counsel in a CHINS matter.
Where this fits in South Central Indiana
CHINS practice looks different from county to county — different courts, different dockets, different local expectations. Our office handles CHINS and family matters across Greene, Monroe, Lawrence, and Owen counties, and we are used to explaining the process in plain language before anyone sets foot in a courtroom.
If DCS has contacted your family and you are not sure what stage you are in or what happens next, call the office at 812-269-2641 or email office@jsuttonlaw.com. Every case turns on its own facts, and no attorney can promise you a particular outcome — but you should not have to guess your way through the process.
This post is general information about Indiana law, not legal advice, and does not create an attorney-client relationship.