In Arizona, a dependency is when a child is in need of intervention because the parents or guardians either cannot take care of them, or place them at risk. In other words, it is someone saying a parent or guardian is unfit or unable to care for their child. If you or someone you love finds themselves in this situation, it is essential to contact a qualified Dependency Lawyer immediately.
Yes, members of the public may attend and listen to proceedings. Note, however, that you are not allowed to reveal information learned at the hearing as it may allow for the child to be identified.
In short: no, you do not have an obligation to speak to DCS. Remember though, DCS is not the police, and they can use your refusing to speak against you. They are investigating a report and may decide that your refusing to speak with them lends credence to the allegations.
The Dependency Court process is long and complicated and will likely involve many hearings each with their own distinct name, abbreviation, and purpose. To complicate the process, more than one hearing may be scheduled at the same time and legal professionals may use acronyms to describe them.
Arizona has always been protective of grandparent’s rights. Grandparents will typically be allowed visitation, and they may also be allowed to be placement for the child(ren), or even become a party to the case. Grandparents should reach out to an attorney sooner rather than later in order to see what they can. This is because the longer a case goes on, the harder it can become to be successful in pursuing grandparent’s rights.
Foster parents have a right of participation in ongoing child welfare proceedings, but this right is limited. Often when a foster parent asks about what his/her rights are, what they really want to know is if they can oppose a motion or request of the court. As the foster parent is not a party to the case, they will likely need to discuss their options with an attorney.
Parents have a right to parent their child and make decisions in their children’s lives without government interference. Note that this is not an absolute right though; the government can come, investigate, and even remove a child from a home in certain circumstances.
Parents do not have to cooperate with DCS, but DCS does have the ability to investigate and even remove children if they have a concern, so oftentimes, cooperating is in a parent’s best interest. If DCS is investigating you and your family, it is best to involve an attorney sooner rather than later as a good child welfare attorney will know how to enforce your rights and how to navigate the DCS process.
