By: Leslie A. Satterlee and Markus Risinger Custody battles always involve heartbreak and they are [...]
The Boston Globe recently published an important article analyzing every state's compliance with Federal Child Abuse and Treatment Act of 1974 ("CAPTA"). Shockingly, the article concludes that no State is fully compliant with CAPTA's requirements. However, Arizonian's should be especially concerned because Arizona was the ONLY State that refused to share information regarding its CAPTA compliance, calling it "a time consuming, lengthy, non-value added survey."
Everyone remembers Cliff and Claire Huxtable and their kids living a chaotic yet loving life. TV has the ability to show humor and conflict and wrap it all up in a bow in less than 30 minutes. But what if the Huxtable marriage fell apart like nearly half of all marriages in America?
Something that has confounded me since day one of practicing law in Phoenix, and all throughout the state of Arizona, is that DCS case managers frequently tell parents they are investigating for child abuse or neglect that they do not need a lawyer. Sure, the early stages of their investigation may not involve the Juvenile Court or the DCS lawyer (Arizona Attorney General’s Office), but it does involve the parents’ constitutionally protected, fundamental right to parent their children.
I frequently get calls from parents who have come home to find a DCS note on their door. It is usually a business card from a DCS investigator requesting that the parent contact them immediately.