CINA Defense in Maryland: Understanding Your Role and Rights as a Parent [2025 Guide]

Facing a Child in Need of Assistance (CINA) case in Maryland can be an overwhelming and stressful experience. These cases are typically opened when the state believes that a child has been abused or neglected and needs the court to intervene. Understanding your rights helps you to build a credible CINA defense in Maryland if you face this type of case.

What Is a CINA Case?

In Maryland, a CINA case is a legal process where the state believes a child is not receiving the appropriate care they should, either through abuse or neglect. These cases are usually brought by the local Department of Social Services (DSS) and handled by the juvenile division of the Maryland Circuit Court in the jurisdiction where the child lives.

Two criteria must be met to qualify for a CINA case. The child must have experienced abuse, neglect, a disorder, or a disability, and the child’s parent or guardian did not perform the necessary tasks to ensure the child’s health and safety. Abuse includes sexual abuse or physical or mental injury that shows that the child’s health or welfare is being harmed by a parent, caretaker, or other household or family member. Sexual abuse may include sexual molestation, exploitation, or trafficking. Allowing or encouraging a child to engage in obscene or pornographic activity or  prostitution, is also “sexual abuse.”

CINA cases are considered civil matters. While CINA cases are not technically criminal cases, they can still have negative effects on the parents, including removing the child from the home, altering visitation schedules, and even terminating one’s parental rights. Some situations that may require a CINA case include:

• Reports of sexual or physical abuse
• Malnutrition
• A parent’s struggle with substance use
• A parent’s mental illness
• Presence of domestic violence
• Abandonment

A CINA case does not automatically mean the parent is guilty of wrongdoing. It just means that the state believes intervention is necessary in favor of the best interests of the child. In some cases, the child can remain at the residence while other measures are taken, such as the family being involved in services.

Your Rights as a Parent

While facing a CINA case can be overwhelming, that doesn’t mean you are powerless. As a parent, you have rights when you are part of a CINA case. Some of these rights include:

• A right to legal representation. You have a right to be represented by a lawyer at every step of the process. Even if you cannot afford one, you can request one through a court appointment at the Maryland Office of the Public Defender.
• The right to receive notice. You have a right to be informed of all proceedings and any details surrounding the hearings, such as the date, time, and location. This is an obligation of the court.
• The right to participate in hearings. You have a right to attend all hearings and defend yourself in these hearings. This can include presenting your own evidence, sharing witness statements, and cross-examining the state’s witnesses. Exercise this right to the greatest of your ability, as it is imperative to you to advocate for your rights and your child’s well-being.
• The right to appeal. You have a right to appeal any decisions made by the court if you do not agree with them.
• The right to be reunited with your child. If it is in your child’s best interest, the state should work with you to be reunited with your child. They may also recommend appropriate options, such as counseling and treatment classes. Whatever led to the CINA case, the court may recommend remedies to rectify the cause.
• The right to know of your child’s whereabouts. If your child is removed from the home, you have a right to know where they are and how you may contact them.
• Right to confidentiality. You have a right to keep your information and the details of your case private for your and your family’s protection.

Maryland CINA Statistics

Maryland has seen a significant number of CINA cases, with a notable number of child maltreatment cases. In 2022, Maryland reported 6,564 child maltreatment victims. Twenty-three thousand thirty-eight children were the subject of an investigative report that claimed maltreatment occurred. 60.9% of cases were cases of neglect, with sexual and physical abuse being the second and third most prevalent types.

Maryland Legal Aid, which provides low-income families with free legal assistance, and the Maryland Department of Human Services, which oversees child welfare and protective services, are two local options that parents involved in a CINA case in Maryland might use.

Local circuit courts, like the Howard County Circuit Court in Ellicott City, the Baltimore County Circuit Court in Towson, or the Anne Arundel County Circuit Court in Annapolis, are usually where cases are heard.

FAQs About Maryland Child in Need of Assistance (CINA) Law

What Is a CINA Case in Maryland?

In Maryland, a CINA case is a legal process where the state courts have decided that there is evidence to support that a child has been neglected or abused. In these cases, it is believed that the child is not receiving the proper care that they need. CINA cases are processed by Maryland circuit courts and may involve the Department of Social Services. They may also involve juvenile court judges, if necessary.

Can My Child Be Removed From My Home During a CINA Case?

Your child may be removed from your home during a CINA case if the court believes they are in immediate danger. A temporary removal order may be issued. However, this is not always automatic. An attorney can advocate and fight for alternative measures, such as placing your child with a trusted relative so they can remain with a familiar family member during the case.

Can I Get My Child Back After a CINA Case?

Many parents can get their children back after a CINA case if they were removed from the home. Reunification usually depends on the completion of court requirements, such as mandatory counseling, parenting classes, or rehabilitation measures. Typically, the court will mandate requirements to remedy the issue that led to the CINA case.

Do I Need a Lawyer for a CINA Case?

Having a lawyer is highly recommended in a CINA case. Potential custody loss is one of the major legal and parental rights problems at stake in these processes. If you cannot afford a private attorney, the court may assign one for you through the Office of the Public Defender. A lawyer makes sure your rights are upheld at every stage of the process.

Maryland CINA Attorney

If you are facing a CINA case in Maryland, you do not have to navigate it alone. An attorney at the Law Offices of Todd K. Mohink, PA can help. Contact us today for more information.