There is nothing more devastating for a parent than facing the possibility of losing custody of a child due to an allegation of child endangerment.
At the Law Offices of Jane Jacobs, we understand that dependency matters can be emotionally and mentally challenging for all parties involved. Consulting with a compassionate and experienced DCS defense attorney is crucial to ensuring that your rights as a parent are protected, and that you know what your legal options are. If you are involved in a dependency proceeding in Tucson, reach out to one of our attorneys as soon as possible.
Juvenile Dependency Cases
Juvenile dependency cases often involve minors who have been victims of abuse, neglect, cruelty, domestic violence, child endangerment, and other harmful situations. These cases are initiated when an individual, such as a grandparent or next of kin, files a petition against the child's primary caregiver, usually their biological parent, seeking to terminate the negligent or abusive parent's parental rights. If successful, the petitioner would take over primary custody of the child. Juveniles can have legal counsel or another representative to look out for their best interests during legal proceedings.
Dependency cases usually begin when a child is removed from a parent's home due to allegations of endangerment, abuse, or neglect. The state of Arizona typically initiates these proceedings to determine whether a child is receiving effective parental care. Common circumstances that result in dependency proceedings include physical abuse, sexual abuse, parental neglect, abandonment, drug and alcohol abuse, and domestic violence.
After the Department of Child Safety (DCS) takes a child into protective custody, they will investigate the circumstances surrounding their concerns about the child's welfare. The DCS then presents their findings to the juvenile court, which will decide whether it is safe for the child to return to their parent. If the court deems that returning the child to a parent might be unsafe, the child will be placed in an alternative living situation. Even if the court allows the parent to regain custody, they are likely to monitor the child's living situation closely in the future.
Juvenile dependents are afforded a level of privacy and confidentiality not typically provided to adults in court proceedings. Their full names may not be made public, and the juvenile court proceedings are not open to general audiences.
Our firm works with grandparents and other next of kin attempting to remove children from abusive or neglectful situations and take primary custody of the juvenile dependents. We fight tirelessly to ensure that the child's best interests are a top priority throughout legal proceedings. If you are a grandparent or next of kin who believes that your grandchildren or juvenile relations may be endangered, don't hesitate to reach out to our firm to discuss your legal options.
What happens when there are allegations of abandonment, neglect, or abuse?
When an allegation of abandonment, neglect, or abuse is made, a DCS specialist will typically be assigned to investigate the case. This specialist will conduct a series of interviews with various possible witnesses including any siblings, other children who reside in the home, or any other individuals who may have some knowledge of the alleged concerns in the home. This could include relatives, doctors, teachers, coaches, neighbors, family, and/or friends.
The specialist will meet with a supervisor to review the findings of the investigation, determine what steps must be taken to ensure the child’s safety, and, if warranted, make a report.
What happens if the allegations are deemed to be credible?
If DCS authorities find in the course of their investigation that the allegations are credible, then the case will advance to another specialist, known as a DCS Field Specialist. A Field Specialist will review the report made by the initial specialist and conduct further interviews with anyone who may possess knowledge of the child’s safety. If the field specialist determines that the child is presently endangered, then they will draft a letter to the parent against whom the allegations have been lodged, describing how to obtain a copy of the DCS report and how to appeal DCS’ decision.
What happens if my child is removed from my home?
Although it is rare for a child to actually be removed from the home, it does sometimes happen. If your child is removed from your home, then you will have the opportunity to appeal the decision by DCS, file a complaint against DCS if you feel their investigation was flawed, and fight back against the allegations against you. To ensure that you are aware of all of your legal options, you need to consult with a DCS defense attorney as soon as you can.
How can someone get a child back after removal by DCS?
The first step to reuniting your family is to consult with a DCS defense attorney. A knowledgeable attorney will know how to handle the local court system and will be familiar with local judges.
A DCS defense attorney could find flaws in DCS investigations, including any breaches of your constitutional rights, and ultimately help you build the strongest possible case for family reunification.
What are my rights when I'm involved with DCS?
As a parent, you have certain rights when you are involved with DCS. DCS is required to inform you of your rights in writing. These rights include:
- You are under no obligation to cooperate with DCS or to receive DCS services.
- In most cases, DCS cannot remove your child from your home just because you refuse to cooperate with their investigation.
- If you are dissatisfied with the way DCS is handling your case, you are entitled to file a complaint with the Ombudsman Citizens Aide or the Family Advocacy Office.
- You have the right to appeal the DCS decision.
- You have the right to respond to the allegations made against you, in writing or verbally, and to have your response taken into consideration during the dependency proceedings.
How can an attorney help?
Fighting back against DCS is never something that you should try to do on your own. To successfully navigate the dependency proceedings, you need to have a seasoned and skilled family law attorney in your corner. At the Law Offices of Jane Jacobs, we have the necessary resources and skills to help you reunite your family as quickly as possible.
Frequently Asked Questions:
How do I fight DCS in Arizona?
Consulting with a DCS defense attorney is the first step you must take to fight DCS. When allegations of abandonment, neglect, or abuse arise, you may find that you are unable to rely on support from friends and family. A skilled family law attorney will look out for your best interests, advise you of your rights as a parent, and works tirelessly to fight the allegations levied against you in court.
How do you beat DCS in court?
In order to beat DCS, you will almost certainly need to seek legal counsel. An experienced DCS defense attorney will be intimately familiar with procedures, and will be able to advise you of your best legal options for regaining custody of your child. If police or social workers conducted a flawed investigation, or abused your constitutional rights, your attorney can use that information to help make a case for why you should be reunited with your child.
How long does DCS have to investigate in Arizona?
Although the investigation length will vary from case to case, DCS typically has 60 days to complete an investigation in Arizona. It is possible for cases to stay open longer, or for an investigation to re-open if additional reports are received.
How long do DCS cases last?
Every case is unique, but working with an attorney can help expedite the legal process. At the end of the dependency court process, the Court will decide whether the child can be safely returned home or should be placed in an alternative living situation.
Can DCS take my child away if I fail a drug test or if I don’t drop?
If you fail a drug test, it is possible, though not guaranteed, that DCS could take your child out of the home. It depends on all of the circumstances. DCS may request that you take a drug test as part of its investigation. DCS cannot force you to take a drug test unless they have a warrant, and to get a warrant they have to be able to prove probable cause. However, if you refuse to drug test, and there is some evidence that you might be using, DCS or the Court may form a negative opinion of you.
Contact an Arizona DCS Attorney Today
The Tucson DCS defense attorney at the Law Offices of Jane Jacobs understands that being with your children is the most important thing to you. When the government infringes on your rights to be with your child, we can help. Contact us today to discuss your rights and legal options with a knowledgeable legal advocate today. Call us at (520) 729-8292 or reach out to us online now.