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Adoption, Visitation, and Undoing Sheets v. Mead
When construing a statue, judges can be quick to shift responsibility to the legislative branch. Many litigators have heard from the bench that their argument is with the Legislature, not the Court. This oft-heard statement exemplifies the legal fiction that the Legislature is aware of how our appellate courts construe their statutes and will make […]
Fast-Tracked Termination: What is Happening in Arizona
Once a child is born, its parents are endowed with a “fundamental right to parent.” This means that like other fundamental rights (e.g. right to privacy, right to marry), there is a higher scrutiny placed on any attempts to interfere with that right and the presumption is that the right will remain intact. However, according […]
Racial Disparity in Arizona DCS Investigations Receives National Attention
Conscious or unconscious, racial bias affects all aspects of life. The caseworkers and child welfare investigators (OCWIs) that make up the Department of Child Safety (DCS) are not immune from these biases. A recent article from ProPublica, which has received national attention, addresses how these biases have culminated in a disproportionate number of DCS investigations […]
Bypass: The Future of Abortion Access for One of the Most Vulnerable Populations
Gregg Woodnick: I was in the earlier stages of my legal career when I represented minors seeking an abortion through the judicial bypass statute. My job was to meet these young women briefly prior to their appearance before the judge in the small room at the Courthouse just outside the court room. Often, I knew […]
A Position of Trust III: When Members of the Clergy Fail to Report Child Abuse
The conversation between an individual and a member of the Clergy during a spiritual confession is sacrosanct. It is a time when the person confessing should feel that they can speak freely, without fear of reprisal. This act of confession is so valued that Arizona law permits members of the Clergy, who are statutorily mandated […]
A Position of Trust II: Teachers Facing Prosecution for Failure to Report Child Abuse
When mandatory reporters fail to report suspected child abuse, they are complicit in letting the abuse continue. Educators, in particular, have such a unique and consistent level of interaction with children that makes them a reliable source of child abuse/neglect reports. Due to this, nearly all states, including Arizona, lists teachers as mandated reporters. But when […]
A Position of Trust: Teachers Accused of Sexual Misconduct with Students
Due to their close proximity to students, teachers and school personnel are often the first line of defense when it comes to identifying signs of child abuse and they are often blamed for failing to detect abuse sooner. Teachers are expected to act as detectives – to notice and question every bruise, every unwashed shirt, […]
The Importance of Pre-Charge/Pre-Indictment Counsel
Prior to working in private practice, I was an Assistant Federal Public defender. In this role, I received cases long after charges had been filed. Meaning, the opportunity for many of my clients to avoid being charged had long since passed. Grand Jurys had convened, statements were recorded, and the case had inertia ever before […]
Putting Maury Povich Out of Business: The Economics, Science, and Efficiency of Maternal Blood Testing
Paternity drama has plagued humankind for years. There is lore amongst evolutionary biologists that babies look more like their fathers because maternity is clear, but paternity is in doubt. Perhaps this has no roots in truth, but it is a myth that has become sucked into the vortex of paternity determinations, as the advent of […]
Is it Me or is Everyone Talking About Parental Alienation?
Things do not just “trend” in fashion or TikTok. They happen in courtrooms too. In the 1980s, the era of unlocking repressed memory had people suddenly remembering childhood traumas at a scientifically unsupportable rate, and with significant consequences. In the 1990s, guided imagery led to even more “recollections” of memories, and, in the past few decades, […]