Most of our Juvenile Dependency matters come to us when the Department of Child Safety (DCS) formerly know as Child Protective Services (CPS) become involved with a family. Having an attorney on your side who is both familiar with juvenile court and has a good working relationship with their client can be critical in getting your family back together and DCS out of your lives.
Impacts of a Juvenile Dependency Matter
For a parent, a finding of abuse and/or neglect, which is included in nearly every DCS Petition, can result in inability to obtain a fingerprint clearance card, inability to obtain certain jobs, inability to adopt or be a foster placement for future children, etc. We are experienced in dealing with DCS and protecting families. We provide to our clients important information of impacts of DCS matters in their future and fight to get children returned home.
Issues of Placement and Visitation
Our firm is able to assist non-parents as well in Juvenile Dependency Matters. This would include issues of “placement”. Placement refers to who the child(ren) are living with through a DCS case. We can assist with you obtaining placement of a child in DCS care. We also assist with visitation of children in DCS matters. To obtain a court order of visitation, the person wishing to visit the children may need to “intervene” or become a party to the case. Our firm is familiar with the requirements for intervention and can provide legal representation for these matters.
Non-DCS matters
There are other instances in which a Juvenile Dependency Matter comes before the Court. This could be if a parent passes away or is under the influence of illegal drugs, etc. which results in the children living with a grandparent or other family member. The grandparent would have no legal ability to provide for the children without court authority. We assist families with obtaining temporary custody over the children to provide an immediate means of providing for the children’s needs.
Guardianships
There are different forms of guardianship. If you are looking for a means to provide for the child(ren)’s needs but allowing the parental rights to remain intact, guardianship may be the best route for your family. Guardianship does not terminate parental rights and guardianship can be reversed as well. Our team has several years of experience handling guardianship matters.
Adoptions
Adoptions are by far the favorite when it comes to matter type at Arizona Legal Matters. While not every case is suitable or appropriate for adoption, the ones that are get processed quickly. Often, the children being adopted are long-time clients through dependency matters. However, the world of adoption is much beyond only juvenile dependency matters. Our team is experienced in processing the adoption paperwork quickly and getting your final order of adoption signed off quickly by the Judge!
Frequently Asked Questions
What is a Juvenile Dependency Matter?
A Juvenile Dependency matter involves a child or children who do not have a parent who can currently safely parent them. Typically, the Department of Child Safety initiates these cases, but these cases are not limited only to DCS involvement. These hearings are usually “closed” and the information shared in the hearings are confidential. This means that if you are not a party to the case, you can only obtain very limited information on the case.
Do I need a lawyer in a Juvenile Dependency Matter?
Yes. I would absolutely recommend having an attorney in any juvenile dependency matter. The terminology is confusing and if the case is not filed properly, you could lose out on your opportunity to receive what you are requesting. If you are a parent to a Juvenile Dependency Matter, you will have an attorney appointed to represent you – if you are low income. If you do not like your current attorney, you can always request that a new attorney be appointed for you. I do not recommend making that request multiple times, but only in the event of a true conflict between yourself and the attorney assigned to you.
If you are a grandparent, relative, foster parent, or otherwise, who needs assistance to intervene, become placement, receive visitation, or even file a private juvenile dependency matter, we can also assist with that as well. Because Juvenile Dependency matters are private in nature, it would be extraordinarily difficult for someone without experience in the juvenile court and without a legal background to be successful in representing themselves.
Do I need an attorney to terminate a parent’s parental rights?
Again, I would highly recommend having an attorney for any Petitions for Termination of Parental Rights. There are a lot of factors to consider when filing a Petition for Termination of Parental Rights; including the cost of a social study and best interests of the child. Our team has worked in this area of law for several years and can assist you with your legal needs.
DCS is investigating my family, do I need to cooperate?
Short answer is no – you do not have to cooperate with DCS during the investigation. However, there are times in which cooperation is best because DCS may agree to do “voluntary” services with your child(ren) in the home with you. If you do not cooperate, DCS may request immediate removal of your children. This is a complicated question because it absolutely depends on your individual circumstances. It has to be determined on a case-by-case basis if it is recommended to cooperate with DCS or not.
How do I have a child, who is involved with DCS(CPS), placed in my home?
First, I would recommend reaching out to DCS, or the hotline, to request “placement of the child” with you. Placement refers to who the child is residing with. DCS will need all of your contact information and the ability to inspect the home prior to considering you for placement. Often, people are unable to communicate or get answers from DCS. If you are requesting placement of a child in DCS custody to be placed with you, reach out to our team today for more information.
