Child in Need of Care (CINC) in Louisiana | What Parents Need to Know

What Is a Child in Need of Care (CINC) Case in Louisiana?

Facing a Child in Need of Care (CINC) case can be overwhelming, especially when the State becomes involved with your children. Understanding how this process works—and what your rights are—is critical.

At Zeringue & Associates Law Firm, Associate Attorney Kathleen Legendre provides guidance to families navigating these serious and time-sensitive matters.

What Is a CINC Case?

A Child in Need of Care (CINC) case is the legal process through which a minor child may be placed in the custody of the State due to allegations of abuse or neglect.

As Kathleen explains, this can involve:

Physical abuse
Sexual abuse
Exposure to domestic violence
Substance abuse issues in the home

In these situations, the government intervenes in parental rights and may remove the child from the home.

Where Does the Child Go?

If a child is removed, the State may place them:

In foster care, or
With a relative or family member

These placements are intended to provide a safe environment while the court evaluates the situation.

How Quickly Does This Process Happen?

CINC cases move very quickly.

After a child is removed, the court will hold a hearing within 72 hours. At this hearing, the State must present evidence explaining:

Why the child was removed
What circumstances led to State intervention

This is one of the most critical early stages of the case.

Can You Lose Your Parental Rights?

Parents have constitutional rights to their children. However, those rights can be affected if the court finds that certain harmful conditions exist.

Importantly, abuse does not have to be directed at the child.
For example:

Violence between parents in the child’s presence
Ongoing substance abuse
Unsafe living conditions

Even exposing a child to these environments may be enough for the State to act.

How Do CINC Cases Start?

Most cases begin with a report to the Department of Children and Family Services (DCFS).

Key things to understand:

Reports are anonymous by law
The person making the report is typically not disclosed
Reports may come from mandatory reporters (such as teachers, doctors, or other professionals)

Mandatory reporters are legally required to report even a suspicion of abuse. Because of this, the report could come from someone you may not expect.

Focusing on who made the report is generally not productive—the priority should be understanding the legal process and responding appropriately.

Do You Need an Attorney?

In a CINC case:

You may qualify for a court-appointed attorney depending on your income
If you do not qualify, you will need to hire private counsel

Having legal representation is important given how quickly these cases move and how much is at stake.

Experience Matters in CINC Cases

Kathleen Legendre has significant experience handling these types of cases. She previously represented children in CINC proceedings in juvenile court for several years and is highly familiar with the process from multiple perspectives.