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False Allegations of Child Abuse Can Happen to Anyone, Even Cardi B
Recently, someone called Child Protection Services on Cardi B in the middle of the night. The caller claimed that Cardi B was physically abusing her children. The rapper has had pranks pulled on her in the past (e.g. food deliveries she never ordered), but she draws the line at “pranks” affecting her children. In turn, […]
Help! My Ex Falsely Accused Me of Child Abuse!
False allegations of child abuse from former partners are a reality. Sometimes, they are retaliatory to damage the other parent’s credibility or reputation. This (highly unethical) strategy is used to gain leverage over the other person or to induce the court to change parenting orders. These reports may also be done after a decree has […]
How Public Is a Registry Substantiation?
While we have previously discussed the extent of publicity in a family court proceeding, it is important to note that registry cases are an entirely different area of law. Consequently, different rules apply to the findings, processes, and disclosure obligations, including the rules governing publication of registry findings and records from the administrative proceedings. A […]
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, […]
In the Media: “May December” and the Revival of Mary Kay Letourneau
This year has been marred with what appears to be an increase in teachers facing allegations and charges for inappropriate conduct with their students. Particularly, female teachers having sexually inappropriate relationships with their students feels to be more prominent in the media. As recent as September of 2023, a former female high school teacher in […]
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 […]
The Impact of the Department of Child Safety’s Document Failure on Parents
On Aug. 21, a letter from the state attorney representing the Department of Child Safety (DCS) went out to all presiding judges across Arizona requesting that they “suspend any trials and severance proceedings” set in the next two weeks after a review revealed thousands of documents were not made discoverable in more than 3,800 cases. […]
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. […]