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Understanding the Adult Protective Services Registry System
In Arizona, a vulnerable adult is statutorily defined through A.R.S. § 46-451(A)(10), which states that: “…an individual who is eighteen years of age or older and who is unable to protect himself from abuse, neglect or exploitation by others because of a physical or mental impairment” [1]. As should be evident from the legal definition, […]
AI Editing Technology in Family Communications
In their latest end-of-year summary of legal profession developments, LexisNexis reports that 2023 brought significant growth to practice in three novel new areas: generative AI, ESG (environmental, social, and governance matters), and space law. While it is unlikely that an average person will be involved in a space law dispute, generative technology that influences how […]
Why Convert a Legal Separation to Divorce?
Before a couple chooses to get married, they may be cautioned by friends or family members that “fifty percent of marriages end in divorce.” Foreboding? Yes. True? Not necessarily. First, there are a lot of demographic factors that contribute to the decision to get married or divorced, and this sweeping statistic should not be broadly […]
Is Corporal Punishment Permitted in Arizona?
It seems that corporal punishment has fallen out of favor among parents as the preferred way to discipline children. If the stereotypical American “Simpsons” family has moved on from spanking, choking, or otherwise making physical contact with misbehaving children, then shouldn’t millennial parents who also grew up watching the show not also choose a different […]
Defending Child Abuse Allegations in Arizona State and Federal Court
As a former Assistant Federal Public Defender, I have experience representing clients accused of crimes ranging from gun charges and interstate drug trafficking to complex financial matters involving interstate wire transfers. I always appreciated practicing in Federal court because of the tremendous caliber of lawyers at the US Attorney’s office and the diversity of dealing […]
In the News: Lack of Discovery Revealed in Thousands of DCS Cases
On August 21, 2023, a letter from the Division Chief Counsel representing the Department of Child Safety (DCS) went out to all Presiding Judges across the state of Arizona. The letter requested that they “suspend any trials and severance proceedings” set in the next two weeks due to a review that revealed thousands of documents […]
Back to School: The Consequences of Neglect in Flagstaff, Arizona
As we head back into the school year, it is an unfortunate truth that there will be an influx of child abuse and neglect allegations. Although summertime for children brings the promise of lazy afternoons at home, it also means that children are stuck at home with parents who might be abusing them without the […]
To Appeal or Not to Appeal
Advising a client after a trial ruling can feel like trying to close a barn door after the horse has bolted. Clients frequently come to me disappointed with a court ruling and wanting to know how they can get their case revisited by a higher court. As an appeals attorney in Arizona, my job often […]
Faith, Homeschooling, and the Impact on Families
The ability to freely worship is one of the fundamental aspects of the American national identity. However, a fine line exists between enthusiastic practice and severe overcommitment to a religion that may eventually become dangerous behavior. Adults can choose how, when, and which faction of faith to practice, but the children in their households will […]
Mandatory Reporting Statutes – The Role of Teachers as Abusers & Abuse Reporters
The role of a teacher is to act “in loco parentis,” or in place of the parent, while children are under their care in the school setting. In some cases, a teacher must take on protective responsibilities beyond the scope of this role to report child abuse or harmful activity occurring outside of their classrooms. […]