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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, […]

Understanding the APS Registry System: What is Exploitation?

Neglect or physical abuse are likely the first things that come to mind when an ordinary person hears about Adult Protective Services; however, Adult Protective Services (also known as “APS”) – which is the Arizona agency responsible for investigating exploitation of vulnerable adults – reviews thousands of claims of “exploitation of resources” every year. Other […]

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, […]

The Importance of Pre-Charge/Pre-Indictment Counsel

Prior to working in private practice, I was an Assistant Federal Public defender. In this role, I received cases long after charges had been filed. Meaning, the opportunity for many of my clients to avoid being charged had long since passed. Grand Jurys had convened, statements were recorded, and the case had inertia ever before […]

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 DCS has invited you to a Team Decision-Making Meeting (TDM): Now what?

In the grand scheme of nearly indecipherable acronyms in child welfare investigations, one particular abbreviation stands out as being part of nearly every case but nonetheless being misunderstood by most parents. The “TDM,” or “team decision-making meeting,” is an important step in the resolution of child welfare investigations that proceed beyond initial screening. In nearly […]