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Faith, Homeschooling, and the Impact on Families
The ability to freely worship is one of the fundamental aspects of the American national identity. However, a fine line exists between enthusiastic practice and severe overcommitment to a religion that may eventually become dangerous behavior. Adults can choose how, when, and which faction of faith to practice, but the children in their households will […]
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. […]
Understanding Arizona’s Juvenile Emancipation Statutes
What motivates a child to become an emancipated minor? The most common example that comes to mind is probably the child actor or performer with substantial assets, hoping to break away from parental interference. However, seeking emancipation does not guarantee clear-cut results, as parents still have a right to fight against the idea that their […]
Applying Emancipation to Working Minors and “Kidfluencers”
Although the issue of emancipation versus parental involvement has evolved to include a new set of circumstances in the social media influencing space, the core issue is the same: If a minor can work in the same capacity as an adult, then how many adult freedoms are they entitled to outside of the workplace? With […]
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 […]
Knapp: How Private Attorneys Can Help Public Defenders
You just have to watch a few Law and Order: SVU episodes to know the that when someone is arrested, they are read Miranda warnings. While the 100 words in Miranda are all valuable, “the right to an attorney” and that, “if you cannot afford one, one will be provided to you” is of particular […]
Adoption, Visitation, and Undoing Sheets v. Mead
When construing a statue, judges can be quick to shift responsibility to the legislative branch. Many litigators have heard from the bench that their argument is with the Legislature, not the Court. This oft-heard statement exemplifies the legal fiction that the Legislature is aware of how our appellate courts construe their statutes and will make […]
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 […]