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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, […]
Understanding the Basics of Shaken Baby Syndrome (SBS)/Abusive Head Trauma (AHT)
When an infant suddenly dies, the grieving parents (and often the state’s child welfare agency) want—and deserve—answers. Whenever an infant presents at the emergency room with (1) subdural hemorrhage (bleeding in the brain), (2) retinal hemorrhages (bleeding behind the eyes) and (3) cerebral edema (swelling in the brain) (“the triad”), the answer has routinely been […]
Almost 40 Years Later: Key Takeaways from the McMartin Preschool Trials
As parents return to work, children across the nation are going back to school and back into the hands of caregivers, which creates an atmosphere ripe for abuse allegations (not to mention the continuous rise of QAnon). It is important for parents and caregivers to be reminded of the McMartin Trials as things return to […]
An Abuse Allegation Against You Has Been “Substantiated”: Now What?
A DCS Investigation Crystal is the mother of three-month-old Michael and six-year-old Grace. A few months ago, she was the subject of a Department of Child Safety (DCS) investigation when Michael fractured his leg after a fall in the park. The attending physician at Phoenix Children’s Hospital believed the x-ray showed a previous, healing break […]
6 years post-Obergefell: Same-sex parenting rights in Arizona
The path to the landmark ruling of Obergefell v. Hodges (2015) was a long and arduous one, filled with decades of small victories and crushing losses, many of which went unrecognized. When same-sex marriage was finally deemed constitutional by the Supreme Court six years ago, it released all of the pent-up energy that had been […]
How Long Does Arizona DCS Have to Investigate an Allegation?
Suppose five-year-old Lucas tells his Kindergarten teacher that his dad hits him and that is why he has a faint bruise on his leg. As a mandatory reporter under A.R.S. § 13-3620, Lucas’ teacher calls the DCS hotline and reports her “reasonable belief” that Lucas may be abused or neglected. A DCS Specialist is assigned […]
So You’ve Given Birth to a Substance Exposed Newborn
Imagine you have a friend, Chloe, a lawyer who was prescribed pain meds after a car accident four years ago and ever since suffers from an unfortunate addiction to oxycodone. Chloe is also pregnant with her first child. When Chloe starts to go into labor, she arrives at St. Joseph’s Hospital and the nurses notice […]