Parental Rights & Obligations

questions & answers

Question: MY HUSBANDS EX WIFE WAS ARRESTED FOR CHILD ABUSE AND HIS DAUGHTER WAS SENT TO A NON RELATIVE FROM CPS WHAT CAN WE DO TO GET HER HOME WITH US WITH HER FATHER?

Answer: Father’s available options, depends on what step in the process the case is in with the Department of Child Safety (DCS). When child abuse is alleged or reported to DCS, they perform an assessment to determine what issues exist regarding the child’s safety. When an out of home placement is considered, generally, a DCS Team Decision Making meeting has taken place. It is unclear whether Father has taken part in this meeting. However, once the meeting takes place, DCS issues a Temporary Custody Notice (TCN), which states the reason for removal and the circumstances that placed the child at imminent risk of harm. The TCN will include information about a Preliminary Protective Hearing, obtaining an attorney, a meeting to be held if a dependency petition is filed with the juvenile court, rights and responsibilities, services available and agencies to contact for assistance. DCS is required by law to make every effort to identify and notify all adult relatives of the child within 30 days of the child’s removal, of the relatives’ options to become a placement resource for the child. If the child has been declared “dependent,” the court holds a review hearing at least every six months. You can learn more about DCS process at the following website https://www.azdes.gov/landing.aspx?id=9670 The father in this case should review any documentation he has received from DCS, especially the TCN. Father can contact the DCS caseworker to find out exactly what step in the process they are in, request additional information or copies of documentation, and request a meeting with him or her to talk through Father’s available options. Father may also want to read the Arizona child protection laws found in Arizona Statute Title 8, Chapter 4 as the court will follow those laws when making decisions about the placement of the child. Father may want to consult an attorney for further details and possible representation in this matter. The Arizona Foundation for Legal Services and Education may be able to help Father locate an attorney for a reduced rate or an attorney that offers pro bono (free) services depending on Father’s familial circumstances and income.