Few things are more distressing than the risk of breaking up your family or the risk of being placed on the DCS Danger Registry. The attorneys at Nova Law Group understand that investigators can often be over-zealous and aggressive. Don’t face them alone. Schedule a consult with us to see what we can do to protect your family.
What does this mean for my family? The prospect of losing your child or being placed on the Arizona Danger Registry can lead to anxiety, stress, and a deep fear about the future of your family.
How can I prove my innocence? If you’ve been wrongfully accused, you may feel powerless, wondering how to clear your name and prove that your child is safe in your care.
What are my rights during this investigation? Many parents and guardians are unsure of their legal rights when dealing with DCS, including what they can or cannot say, and how to navigate the investigation process.
How will this impact my child? You may be concerned about the emotional and psychological effects on your child, especially if they’ve been removed from your home or are aware of the ongoing investigation.
Can I get my child back? If your child has been taken into state custody, the most pressing concern is understanding the steps necessary to reunite with your child as quickly as possible.
What if I’m placed on the Arizona Danger Registry? Being placed on this registry can have long-lasting repercussions, affecting your ability to work with children or even your standing in the community.
A dependency proceeding asks the juvenile court to find that a child is dependent — that is, in need of the court’s protection. Under A.R.S. § 8-841, the Department of Child Safety or any interested party may file a petition to commence proceedings in the juvenile court alleging that a child is dependent. Most cases are filed by DCS, but the statute is broader than that, and who filed the petition often shapes how the case is defended.
Very fast. A.R.S. § 8-842(A) requires the court to set the initial dependency hearing within twenty-one days after the petition is filed, with a limited exception when service by publication is required. Section 8-841 also requires that the petition and notice be served on a parent or guardian as soon as possible after filing and at least five days before the initial hearing if they did not attend a preliminary protective hearing. Those first few weeks matter enormously, because positions taken early tend to follow the case.
No. Dependency and termination are separate proceedings with separate standards. A dependency case places the child under the court’s protection and typically comes with a case plan; termination of the parent-child relationship is a distinct petition governed by A.R.S. § 8-533. Many dependency cases end in reunification. But what happens in the dependency case builds the record a later termination case would rest on, which is exactly why it should be defended from day one.
A.R.S. § 8-533(B) lists them, and they include abandonment; neglect or wilful abuse; chronic substance abuse or mental illness where there are reasonable grounds to believe the condition will continue for a prolonged indeterminate period; conviction of certain felonies or a sentence of such length that the child would be deprived of a normal home for years; relinquishment; failure of a putative father to file a paternity action; a prior termination of rights to another child within the preceding two years in certain circumstances; and the time-in-care grounds. Each ground has its own elements, and the petitioner has to prove them.
Under § 8-533(B)(8), termination may be sought where a child has been in an out-of-home placement for a cumulative total period of nine months or longer and the parent has substantially neglected or wilfully refused to remedy the circumstances causing the placement; where a child under three has been in an out-of-home placement for six months or longer and the parent has substantially neglected or wilfully refused to remedy those circumstances; or where the child has been in an out-of-home placement for fifteen months or longer, the parent has been unable to remedy the circumstances, and there is a substantial likelihood the parent will not be capable of exercising proper and effective parental care in the near future. Deadlines in these cases run whether or not anyone is watching the calendar.
In juvenile court, often yes. A.R.S. § 8-221(B) provides that if a parent or guardian is found to be indigent and entitled to counsel, the juvenile court shall appoint an attorney to represent that person unless counsel is knowingly, intelligently and voluntarily waived. Appointed counsel in these courts carry heavy caseloads. Parents who can retain private counsel frequently do so for the same reason they would in any other high-stakes case — time and attention.
Take it seriously and get advice before you talk. Statements made to investigators, at a team decision-making meeting, or at an early hearing become part of a record that follows the case through every later stage, including any termination petition. That does not mean refusing to cooperate; it means understanding what is being alleged, what the statute actually requires, and what the case plan will demand of you. Nova Law Group represents parents in Arizona juvenile court proceedings, and consultations are free and confidential.
