DCS – woodnicklaw.com

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

Originally Published on AZ Mirror on August 23, 2023 and on the Arizona Capitol Times on August 24, 2023. By Deandra Arena 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” […]

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 […]

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. […]

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