Arizona Department of Child Safety Lawyers
What To Do When You’re Contacted by the Arizona Department Child Safety
Getting a letter from the Arizona Department of Child Safety is stressful. It’s normal to feel frightened, confused, and unsure how to respond.
However, knowing what to do in these situations can make all the difference between keeping and losing custody of your children.
The child custody attorneys at Gillespie, Shields & Taylor have outlined the most important aspects of being contacted by the Arizona Department of Child Safety, including what to expect and what you should do.
Who Is the Arizona Department of Child Safety?
The Department of Child Safety in Arizona (DCS) is an organization focused on protecting children from abuse and neglect. However, their primary goal is to keep children safe within their own families.
As a result, DCS works cooperatively with parents to balance their legal rights, while also protecting the rights of children to live in a physically and emotionally healthy situation.
The primary duties of the Arizona DCS include:
- Receiving and screening reports of suspected abuse or neglect through a centralized intake hotline
- Investigating reports and assessing a child’s immediate safety
- Coordinating with law enforcement when criminal conduct is alleged
- Providing or referring families to services designed to reduce risk, such as counseling, substance abuse treatment, or parent education
- Placing children in out-of-home care when necessary and developing a plan to either help the parents so the child can return to their family, or find another home
- Maintaining records of substantiated incidents and operating a Central Registry
Respecting parents’ rights while prioritizing the child’s welfare is often a difficult balance to strike. As a result, DCS has to collaborate with law enforcement and report certain incidents publicly when necessary.
Knowing this, it’s important to have a knowledgeable attorney on your side when you’re facing these situations. Gillespie, Shields, & Taylor has helped countless parents successfully handle these situations and is ready to help you too.
Why Arizona DCS Sends Letters
Because their primary concern is to ensure children receive the care they deserve, Arizona DCS is obligated to investigate any report of child abuse or neglect.
If Arizona DCS has reason to believe abuse or neglect of a child has taken place and intends to confirm this, a letter will be sent to the person accused explaining how an appeal of this decision may be requested and how to get a copy of the DCS report.
However, there are also other reasons the DCS may send a letter. These include:
- Request information, documentation, or to schedule an interview or home visit as part of an investigation
- Notify a parent or caregiver about a voluntary placement offer or to explain that a dependency petition was filed
- Inform someone that DCS intends to place their name on the Central Registry and of their appeal rights
- Provide notice of services, court hearings, or next steps in a case
If the letter references a specific allegation, a timeframe for response, or asks you to contact a DCS specialist, it is wise to seek legal help.
The attorneys at Gillespie, Shields, & Taylor have decades of experience handling these situations and can help you know exactly how to handle the situation.
The Arizona Central Registry: What It Is and How It Affects You
A major consequence of a confirmed Arizona DCS investigation is being placed on the DCS Central Registry. This registry is Arizona’s state-wide database listing those who have been confirmed to have abused or neglected a child or vulnerable adult.
If DCS confirms a report and places a person’s name on this registry, it can result in negative consequences. These include disqualifications for certain jobs involving children and not receiving certain licenses.
Arizona Revised Statute § 8-04.02 describes a tiered system for registry placement. It also provides an opportunity for those on the registry to appeal a placement.
If you receive notice of a proposed registry placement, follow any instructions they provide carefully. Additionally, consult our attorneys to get help with registry appeal or correction processes.
What To Do When You Get a Letter from Arizona DCS
A letter from DCS does not automatically mean your children will be removed or that you will lose custody.
Rather, receiving a letter from DC usually means they received a report and are screening it, investigating it, or requesting more information.
Receiving the DCS letter will likely lead to several possible outcomes:
No further action
After screening the report, Arizona DCS may determine that the allegation doesn’t meet the threshold for investigation. As a result, the report will likely be dismissed, and you will not need to take further action.
In-home response/services
After investigating the report of child abuse or neglect, Arizona DCS may offer voluntary services or community support to help you as a parent.
Investigation
A DCS representative may schedule a home visit to assess the safety of the child’s environment, as well as interviews with you, your child, or others.
Dependency petition
If DCS believes a child is unsafe and removal is necessary, it may file a petition with the Arizona courts seeking emergency or ongoing custody.
Central Registry action
If an allegation is proven to be true, Arizona DCS may add a report to its Central Registry that is mentioned above.
But no matter what the result of a DCS letter may be, it’s best to immediately contact an attorney. The family law lawyers at Gillespie, Shields, & Taylor are ready to help you understand what’s taking place, what to expect, and what you should do.
How to Respond to an Arizona DCS Letter
Even though a Department of Childhood Services letter can make you feel overwhelmed, it’s important to remain calm and know there are options available to you.
Our experienced Arizona attorneys will help you understand these options and take the right steps after receiving a DCS letter.
These include:
Call your attorney immediately
Getting sound legal advice as early as possible will help you get the best outcome.
The experienced family attorneys at Gillespie, Shields, & Taylor have handled countless DCS cases. We’ll help you take each of the steps listed below.
Follow the direction of the letter
Read it carefully and note deadlines. The letter will often give a contact name, phone number, and sometimes a deadline for response. Respect those timelines and follow any direction provided under the guidance of your attorney.
Document everything
It’s essential to stay organized to avoid mistakes and show your trustworthiness as a parent.
That’s why it’s best to start a file: keep the letter, make notes of any calls, dates, and who spoke with you.
Gather records that the letter requests, which often include medical records, school records, custody orders, and proof of services.
Be cooperative, but cautious
Be kind, respectful, and cooperative with requests.
However, it’s best to answer questions with the help of your attorney, especially when law enforcement is involved.
This is important to note, since certain questions may be designed to incriminate you.
Prepare for an in-home visit or interview
If DCS arranges a visit, you may politely request that an attorney be present for interviews. Remain calm and reassure your children that everything will be ok.
Be sure that your children are clean, well-dressed, and well-groomed.
You should also have a clean house, plenty of food, child-appropriate furniture, toxic cleaning supplies above child level, and no evidence of rodent or insect infestation.
Avoid dramatic changes
Sudden changes can be taken as evidence of guilt. For example, a parent who suddenly removes their child may be viewed as a guilty parent trying to flee from the consequences of their actions. So, unless a safety concern requires it, it’s best to see the matter through without making major changes to your or the child’s life.
Request DCS information, if needed
Under Arizona Revised Statute § 8-807, you have limited rights to request DCS records related to the allegation and to seek clarification or correction of information. This may help you with any problems or potential legal challenges.
Our child custody lawyers at Gillespie, Shields, & Taylor are ready to help you with any step, whether it’s understanding your letter, knowing how to prepare, being present for DCS visits or interviews, or requests for DCS records.
What Happens If You Ignore a DCS Letter
As frightening as a DCS letter may seem, ignoring it will make the situation worse.
To help you avoid negative outcomes, our family law attorneys have noted common consequences of ignoring your Arizona DCS letter.
These consequences include:
Unannounced visits or interviews
DCS may proceed with an investigation without your input. That means you will likely be facing unannounced visits or interviews with the child at school that you and your children are not prepared for.
Child removal
If DCS believes the child is unsafe and doesn’t hear from you after contacting you, it can seek temporary custody from a juvenile court and remove the child from the home. In emergencies, removal may happen quickly and without prior notice.
Used as evidence against you
Failure to respond can harm your credibility when you later present evidence or argue your case to the court. Courts view cooperation favorably when assessing parental fitness and willingness to protect the child.
Employment consequences
If DCS determines an allegation is substantiated and you are placed on the Central Registry, you may not qualify for a number of employment opportunities. These can include those involved with education, caregiving, and professional licensure.
To avoid these and other consequences, let the child custody lawyers at Gillespie, Shields, & Taylor help you respond to the letter and take the right steps with your case.
Your Rights Involving Arizona DCS
Even though being contacted by Arizona DCS can leave you feeling powerless, it’s important to know that you have rights.
These include:
Right to counsel
If DCS files a dependency petition, you have a right to an attorney. If you cannot afford one, the court will appoint counsel. But it’s often best to consult privately as early as possible.
Right to request records and correct errors
Arizona Revised Statute § 8-807 ensures that you may request DCS information and seek correction of inaccurate data. This will help your attorney make a formal request with the courts to change or nullify a DCS report.
Right to an appeal or review DCS decisions
You have the right to appeal a DCS decision, as will be outlined in the letter they send you. You may also appeal or request a review of your registry placement.
To learn what rights exist in your case, contact our child custody lawyers.
Get Responsive Legal Help with Your Arizona DCS Case
A DCS letter is serious, but it is often just the start of a process. That means taking action as soon as possible will help you be prepared and take the steps needed to get the best outcome.
The Arizona child custody lawyers at Gillespie, Shields, & Taylor fully understand both DCS practices and Arizona law. We’re ready to help you handle each step involving these investigations, protecting your children and your parental rights.
Contact Our Arizona Child Custody Lawyers
The child custody lawyers at Gillespie, Shields, & Taylor are ready to help you navigate any matters affecting child custody, including those involving the Department of Child Services.
Turn to us to get experienced legal help with your DCS matters, including access to over four decades of combined legal experience. From start to finish, we’ll provide the guidance you need to get the best possible outcome.
Call 602-870-9700 for our Phoenix location, or 480-985-4000 for our Mesa location.
Or fill out our contact form.