CPS Laws and Parents Rights

Arizona DCS Laws and Parents Rights

We understand a visit from a DCS (Department of Child Safety) Specialist can be scary, devastating and disconcerting.

Contrary to popular belief, DCS was not established solely for child removal. Its primary goal is to collaborate with families to ensure child safety.

One of DCS’s crucial responsibilities is to facilitate necessary services for families to remain together when feasible and strengthen their familial bonds.

When DCS discovers an accusation of child neglect or abuse, state law specifies the department carry out a comprehensive investigation.

DCS requires your help to evaluate your family’s necessities and to supply services in the fastest time possible.

When your child experiences significant neglect or abuse, DCS is obliged to intervene, which may involve removing the child(ren) from your home.

DCS tries to balance the parental legal rights and the rights and needs of children to live in a wholesome and safe environment.

Even if DCS investigates your family, it does not guarantee the child’s removal.

In fact, only 10% of DCS cases result in child removal.

In the vast majority of family interactions, DCS and families cooperatively resolve safety concerns, avoiding child separation.

So, what happens if DCS gets in contact with you?

Parents Rights Arizona

In a DCS probe, Arizona law requires the Department of Child Safety to give the parent, custodian or guardian with written evidence defining their rights. With initial contacting, DCS is required to inform the parent, custodian or guardian that:

  • DCS has no legal jurisdiction to influence the parent, custodian or guardian to receive services or to work together with the examination.
  • The one that is suspected is investigated by DCS and the particular accusation or complaint made against them.
  • If they have or have not agreed to cooperate with the investigation or to be involved with the services offered, DCS will continue with their investigation.
  • He or she’s refusal to work with the examination or to involve themselves in services offered doesn’t in and of itself establish grounds for custody temporarily.
  • Department of Child Safety can file a petition with juvenile courts suggesting that the child needs protective service.
  • We will consider all input provided in response to the accusations during the investigation.
  • The parent, custodian, or guardian has the option to file a complaint about case management with the Family Advocacy Office and/or Ombudsman-Citizens’ Aide. DCS must provide the phone number for the Ombudsman-Citizens’ Aide.

  • Parents have the right to reply to the accusations in writing or verbally, including giving information, and to have that information deemed in establishes if the child requires protective services.
  • Refusal to cooperate or engage in services doesn’t justify child removal unless brief custody is necessary to prevent neglect or abuse

  • We will include all written responses, including documentation, in the case record.
  • Court proceedings can use all statements made by the individual.

  • DCS will retain responses and information from accusations in the case file, providing it to the court before a dependency hearing.

Can CPS or DCS Remove My Children from the Home?

Few children reported face home removal. Nonetheless, in certain instances, they must relocate for safety as parents work on their situation.

The Department of Child Safety conducts a team meeting when considering child removal. This meeting assembles individuals connected to the child’s family, including the child.

DCS promotes the family to bring supportive people like family members, neighbors, friends or community people to the meeting.

The meeting aims to discuss the child’s safety, living arrangements, and identify family support to protect the child. DCS explores all options to safeguard the child from neglect or abuse before considering foster care.

Speak with Our DCS & CPS Lawyer In Phoenix & Scottsdale

Our Phoenix and Scottsdale DCS & CPS lawyers prioritize your case, keeping your family’s best interests in mind.

An experienced family law attorney will work with you to obtain the best possible outcome in your situation. We advocate for our clients so they have the brightest future possible. Give us a call today at 480-999-0800 for a free consultation.

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