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Last Modified on May 25, 2026
Courts can find a child to be in need of assistance (CINA) if the local Department of Social Services is able to prove that they have been abused or neglected, have a developmental disability or mental disorder, or are not being provided with proper care and attention by their parents, guardians, or custodians. Find out what defending against CINA allegations in Maryland takes below.
The CINA Process
When the DSS suspects Maryland children are suffering from abuse or neglect, they initiate investigations. These include several actions:
- Verifying that there are grounds to believe the abuse is occurring
- Having a shelter care hearing about whether the child should be removed from their home
- Moving the child into the care of their relatives or a foster home
- An adjudicatory hearing on the child’s welfare
- Making a decision about the case
- Potentially organizing a different permanent placement
Children and parents both have the right to a legal representative, and this process is always focused on the best interests of the child. Outcomes can include returning the child to the home with or without conditions or placement outside the home for one year or longer. In the most extreme circumstances, courts can also terminate one or both parents’ parental rights.
Working With CPS
Working with child protective services can be challenging due to the emotional impact of these cases. It’s important to remember that while the investigators have significant authority, they’re also required to follow certain rules and procedures. Your attorney can help you make sure that CPS and other agencies respect your parental rights throughout their investigations. Our firm can communicate with social services and caseworkers on your behalf, reducing misunderstandings.
What Is CINA?
Children in need of assistance are minors who are facing abuse or neglect. Examples include sexual abuse, physical abuse, and mental injuries that indicate a child’s health or welfare is harmed by a household or family member. The goal in CINA cases is always the same. The courts want to achieve a placement for the child that is consistent with their best interests. Courts only separate children from their parents when it is necessary to support the child’s welfare.
Defending Against CINA Allegations
It’s important that you have a Maryland child custody attorney on your side to help defend your family against CINA allegations. Your lawyer can provide you with support throughout this difficult and often complex legal process. They can:
- File paperwork on your behalf
- Help you keep track of hearings and deadlines
- Collect evidence that shows you are fit to parent your child
- Come up with an effective defense against any charges you are facing
- Help you navigate interactions with CPS and other agencies
Even if you have already temporarily lost custody of your child, you can still benefit from hiring a child custody lawyer to assist you with the CINA proceedings. Your lawyer can help you show that you have met the standards required for parental reunification or appeal the decision.
Reunification and Parental Support
When children are removed from their homes, the primary goal is usually parental reunification. We can help you meet any court-ordered requirements or participate in service plans, demonstrating compliance to show that reunification is in your child’s best interests. We focus on presenting clear evidence of progress to the court.
Filing Appeals
In some cases, it may be necessary to file an appeal or a post-judgment motion. We can work with you to correct errors that occurred in your case and seek a fair outcome that preserves your family’s unity.
Children in Out-of-Home Care
Maryland is home to around 3,800 children in out-of-home care, also known as foster care. These children have faced abuse or neglect as defined in MD. Code, Courts and Judicial Proceedings 3-801 and 3-802. It’s important to note that this solution is intended to be temporary, and the court’s primary goal is almost always the eventual reunification of the family.
FAQs
Q: What Do Judges Look for in Child Custody Cases in Maryland?
A: What judges look for in child custody cases in Maryland is evidence of what is in the child’s best interests. Courts focus on safety, stability, and emotional bonds. Key factors that influence their decisions about who to assign custody of children include each parent’s fitness, their histories of caregiving, their willingness to co-parent, the child’s preferences if they are old enough, and the proximity of their homes. Courts generally favor joint custody.
Q: What Is Considered an Unfit Home for a Child in Maryland?
A: What is considered an unfit home for a child in Maryland is any home in which the child’s health, safety, or welfare is compromised. Unfit homes typically involve neglect, abuse, substance abuse, or severe instability. A history of domestic violence, a failure to provide for basic needs, or uncontrolled mental illness can all render a home unfit for a child.
Q: What Reflects Negatively on a Parent in Court?
A: Factors that reflect negatively on a parent in court include proof of a lack of stability, safety, or cooperation. These can include evidence of substance abuse, neglect, domestic violence, or high-conflict behavior. Courts always prioritize the best interests of the child, which means that inconsistent visitation schedules, alienation attempts, or inappropriate behavior toward the other parent can all cause problems in a custody case.
Q: How Can You Prove a Child Is Being Manipulated?
A: You can prove that a child is being manipulated by gathering evidence that documents false narratives, blocked communication with the other parent, or behavioral changes. Key signs can include the child expressing unfounded hostility toward one parent, repeating accusations against one parent without details, or using adult language. Emails and third-party witness statements can be helpful in proving your case.
Hire a Child Custody Lawyer
If you need to defend against CINA allegations in Maryland, it’s time to hire a child custody lawyer. The team here at the Law Offices of Todd K. Mohink, PA, can help. We have years of experience in representing parents facing these types of allegations, and we know how to come up with effective strategies to defend against them. We can help you with your child custody case, too. Contact us to schedule an initial consultation today.
