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In re Gault (1967): Due Process for Juvenile Defendants
This piece was originally published in Maricopa Lawyer. [1] By Ryan T. McGuire and Markus Risinger On the 6th floor of the Maricopa County Old Courthouse, a museum display panel bears a striking inscription: “The Magna Carta for Juveniles.” Those were Justice Earl Warren’s words upon the release of Justice Abe Fortas’s majority opinion in […]
Retinal Hemorrhages
by Markus W. Risinger and Ryan T. McGuire Investigators commonly point to retinal hemorrhages, or retinal bleeding, to distinguish child abuse from accidental injury or underlying medical conditions. Courts rely on expert testimony identifying retinal hemorrhages as evidence of child abuse so frequently that the diagnosis has almost become shorthand for an abuse finding. But […]
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 […]
In Vitro Fertilization (IVF) in Arizona: Full of Financial Barriers and Frozen Futures
What is IVF? A commonly used acronym, IVF refers to “in vitro fertilization.” IVF is a process by which mature eggs are taken from a person’s ovaries and fertilized with sperm in a lab to create one or more embryos. These embryos are then frozen until the prospective carrier receives medicine designed to prepare their […]
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, […]
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 […]