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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 […]
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 […]
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 […]
Both DCS and the Police have Questions for your Client—What Now?
Your client calls you saying the police and the Department of Child Safety (DCS) are at their door. You know your client is in the middle of a toxic divorce and brace for what is about to come next. “They say I touched Emma,” he says, referencing his four-year-old daughter. Of course, you tell your […]
Arizona Parents’ Bill of Rights
By: Markus Risinger and Deborah Lee The Arizona Court of Appeals recently touched upon the Arizona Parents’ Bill of Rights Act in Jessica P. v. Department of Child Safety. In that case, the mother argued that the juvenile court had a statutory duty to apply the Parents’ Bill of Rights Act and the failure to […]
Rumors & Mandatory Reporting: Zamora reminds us the reasonableness standard is opaque warranting caution when dealing with any allegation of abuse
Brittany Zamora has garnered nationwide attention for her nefarious sexual relationship with her 13-year-old student. Zamora recently pleaded guilty to several sexual abuse charges and is now facing a lengthy prison sentence. However, a lesser known civil suit also surfaced, claiming Zamora’s school district[1] knew about the abuse months before the parents discovered it and did nothing to intervene.[2] Given a failure to report child abuse constitutes a class 6 felony under Arizona law,[3] we ought to be curious whether the district’s officials could be criminally liable, too.
Did the DCS/CPS Caseworker Really Just Tell Me That I Don’t Need a Lawyer?
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.