KANSAS CHILD IN NEED OF CARE INVESTIGATION VS. CRIMINAL ABUSE CHARGES

Children in need of care (CINC) cases can start the same way as a criminal case. Someone makes allegations of abuse (physical or sexual) or neglect about your child(ren). Who spearheads the investigation will depend on who gets the call first. Kansas police and The Department for Children and Families (DCF) will work together to resolve any allegations. Here are the three big differences between CINC and Kansas criminal cases:

• Burden of proof. The threshold of proof of neglect or abuse in CINC cases is "clear and convincing evidence". Criminal cases require a higher proof -  "beyond a reasonable doubt";
• Time for resolve. There is an immediacy to resolve CINC cases. Therefore, there is a priority given, and short time provided, for the State to investigate and make determinations about your child. Temporary or emergency orders will usually issue within days, and sometimes (in cases of emergency) the same day. Your right to speedy trial is six months in a criminal case; and
• Potential outcomes. In instances of CINC cases your child(ren) may be taken out of your custody and care based on the findings of the Court. The criminal courts do not have the same power but, can restrict or prevent your contact with them. A "substantiated" CINC case does not allow that Court to take you into custody or order jail. A finding of guilt or entry of a plea in a criminal case can result in your confinement.

What happens in one of these cases can, and likely will, impact the other case. This becomes more complicated when a family law case is pending (ex. child custody, divorce, etc.). Because of the potential seriousness of both CINC and criminal allegations, and the long-term impact on your life, you should not handle these alone. Call Attorney T. Morton NOW to discuss your case (913) 602-7288. Consultations are free and payment plans are available.