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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, […]
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” […]
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 […]
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 […]
Racial Disparity in Arizona DCS Investigations Receives National Attention
Conscious or unconscious, racial bias affects all aspects of life. The caseworkers and child welfare investigators (OCWIs) that make up the Department of Child Safety (DCS) are not immune from these biases. A recent article from ProPublica, which has received national attention, addresses how these biases have culminated in a disproportionate number of DCS investigations […]
A Position of Trust III: When Members of the Clergy Fail to Report Child Abuse
The conversation between an individual and a member of the Clergy during a spiritual confession is sacrosanct. It is a time when the person confessing should feel that they can speak freely, without fear of reprisal. This act of confession is so valued that Arizona law permits members of the Clergy, who are statutorily mandated […]