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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. […]
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. […]
Munchausen Syndrome in the Digital Age
Recently, there was an article in the national news titled: “What Could Lead to a Mother Catfishing Her Own Daughter?” Missing from this intriguing headline was the complex psychological framework surrounding the incident referenced, wherein a Michigan mother was charged for her role in a cyber version of Munchausen’s Syndrome by Proxy (MSBP), known as […]
The DCS and Criminal Investigation Dilemma
As criminal defense attorneys, we understand the importance of ensuring out clients do not make incriminating statements. When in doubt, we are quick to advise our clients to invoke their 5th Amendment rights. But, when there is a concurrent Department of Child Safety (DCS) investigation, invoking may have negative consequences in the dependency matter. It […]
Fast-Tracked Termination: What is Happening in Arizona
Once a child is born, its parents are endowed with a “fundamental right to parent.” This means that like other fundamental rights (e.g. right to privacy, right to marry), there is a higher scrutiny placed on any attempts to interfere with that right and the presumption is that the right will remain intact. However, according […]