2. What is a CHIPS Proceeding?
A Child in Need of Protection or Services (CHIPS) proceeding takes place in juvenile court. The law defines who these children are and how they come to the attention of the county social services agency. Minn. Stat. Section 260C. You can read more about this in the Legal Steps manual, beginning on page 25.

3. My grandchild is in a CHIPS petition case. How do I get involved?
Click here for an answer.

4. My grandchild is in a difficult home environment. How do I let the county know that I would be willing to care for this child?
Complete the new KEIF (Kinship Emergency Information Form) and submit it to the county where the child resides. Click here for more information.

5. Do I qualify as a third party or de facto custodian when filing a petition for custody?
Click here for an answer.

6. I qualify as a third party or de facto custodian. I would like to get custody of my grandchild. What do I need to do?
First, consider hiring an attorney. There are many documents to file with the court, and legal standards that must be proven, and a good attorney will help you assess the likelihood of your success and the best way to present your request.
Some of the documents that you will need to file with the court may include:
• the initial petition -in which you ask the court for custody and lay out your
   reasons based on the law
• affidavit(s) - personal, truthful statements made by you and notarized that
   explain the situation, your concerns, and your relationship with the child
• a proposed order - what you want the court to decide
• affidavit of service - evidence that you informed all the people involved of what
   you are doing
• and possibly other documents.

7. I would like to get custody of my grandchild. I have heard that the court will always award custody to the parent. Is this true? What do I need to think about?
The right of a biological parent is superior to the right of a third party, so a custody inquiry starts with a court's preference in favor of the biological parent. A third party or non-parent who wishes to obtain custody of a child from the biological parent(s) must show that (1) the parent is unfit, or (2) has abandoned the right to custody, or (3) that there are extraordinary circumstances which would require the parent to be deprived of custody. The court's next review is the 'best-interests test' which assesses the welfare and best interest of the child. Such factors may include the strength of the relationship with the child, providing a mentally and physically stable environment, and permanency of home and personal relationships.

MKCA would like to thank Linda Hammersten at LSS and Shawna Klatt, law student at the University of St. Thomas School of Law, for their great assistance in providing direction and resources to answer these questions.