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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 […]
Supreme Court to Revisit Gun Ownership and Domestic Violence Cases
Often, in the wake of gun violence, politicians and commentators say that stricter background checks should become enacted to restrict dangerous individuals from owning the weapons used to perpetrate these crimes. States across the country have enacted various laws intended on restricting firearms access. Recently, the Supreme Court accepted an appeal from the Fifth Circuit […]
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. […]
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 […]
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 […]
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 II: Teachers Facing Prosecution for Failure to Report Child Abuse
When mandatory reporters fail to report suspected child abuse, they are complicit in letting the abuse continue. Educators, in particular, have such a unique and consistent level of interaction with children that makes them a reliable source of child abuse/neglect reports. Due to this, nearly all states, including Arizona, lists teachers as mandated reporters. But when […]
A Position of Trust: Teachers Accused of Sexual Misconduct with Students
Due to their close proximity to students, teachers and school personnel are often the first line of defense when it comes to identifying signs of child abuse and they are often blamed for failing to detect abuse sooner. Teachers are expected to act as detectives – to notice and question every bruise, every unwashed shirt, […]