Child Abuse, Child Endangerment & Child Neglect

When DCS gets involved with your family, it can be confusing and frightening. The system is complex, which only adds to the intimidation factor. Here’s an overview of what can happen when DCS gets involved, 

1. A report issues
2. The information is checked
3. DCS investigates
4. Consideration for the child’s safety at home
5. Moving the child from home
6. The court becomes involved, and
7. Adoption.

These steps can become involved and deserve a closer look individually.

 1. When a Report is Issued

 Anyone can make a confidential report regarding child mistreatment or neglect by calling the Arizona Child Abuse Hotline 24 hours a day, seven days a week. The only requirement is the caller must tell the truth.

 False reporting is a crime. Making false allegations to DCS can cause tremendous distress for families having to interact with the various state workers assigned to investigate the allegations. Not only can false reporting lead to prosecution, but it can also result in civil litigation.

 There are some classes of people who must report suspected abuse or neglect. A.R.S. § 13-3620 is the Arizona statute that requires certain people to file reports, such as medical personnel and teachers. The law refers to these people as “mandatory reporters.”

 2. The Information is Checked

 Reports made to the Hotline get checked according to a set of criteria. Priorities apply according to the following scale:

 Priority 1: urgent, investigate within two hours

• Priority 2: investigate within 48 hours
• Priority 3: investigate within 72 hours
• Priority 4: investigate within seven days

 An investigation will usually last no more than 60 days.

 3. What Happens When DCS Receives a Report?

 The purpose of the Arizona Department of Child Safety is to protect children. It aims to accomplish this by focusing on the following:

 The investigation of reports of abuse and neglect;

• The evaluation, promotion, and support of a safe and stable family and the appropriate placement when allegations of abuse or neglect warrant;
• To cooperate with law enforcement when reports include criminal conduct claims; and
• To organize services without compromising the child’s safety to accomplish and maintain permanency for the child by strengthening the family, furnishing prevention, intervention, and treatment services.

 The person accused must receive written information about their rights from DCS. The identity of the person reporting is confidential. Arizona law protects the confidentiality of a person who reports abuse or neglect.

 4. Safety of the Child at Home

 DCS determines if services are necessary by working with the family. Services can range from housing to parenting classes. The two outcomes are: 

1. No services are needed, and the case is closed.
2. Services are necessary. A DCS assessment decides if the services are done voluntarily or under Juvenile Court direction.

 DCS cannot force a parent, guardian, or custodian to cooperate with an investigation. DCS will proceed with its investigation with or without cooperation. If there is an investigation, it is in your best interest to have legal counsel walk every step of the way with you.

 5. Moving the Child from Home

 There are three placement possibilities for the child if DCS removes them from home: 

1. With an eligible family member whenever possible
2. In a foster-care home licensed by the stat
3. In a group home

Within two business days after removing the child, DCS must hold a team decision meeting to develop a plan for unifying the family. The team can include parents, grandparents, case managers, and other involved people may participate. The plan goes before the Juvenile Court. Each child removed from the home is appointed a separate attorney, called a guardian ad litem. 

6. Court Involvement

 A Juvenile Court judge monitors the process. DCS manages the care of the child while the parents participate in their case plan.

 “Report and review” hearings are held to monitor case progress. Ultimately, Judges determine whether the child is returned to the family or put up for adoption.

 7. Adoption

 Adoption of children out of the foster care system must be state-certified. They may be adopted by the foster parents or by family members. Sometimes, children remain in state care until they turn 18. As legal adults, they leave the system. Support may continue through the Young Adult Program run by DCS. The program is at the child’s discretion and lasts until the child turns 21.

Arizona law requires DCS to provide written information outlining the rights of the parent, guardian, or custodian. Beginning with the first contact, DCS must inform you that: 

• The accused is under investigation, and for what specific complaint or allegation against them.
• You cannot be compelled to cooperate.
• Whether you choose to cooperate or not, DCS will investigate the allegations.
• A petition may be filed by DCS with the juvenile court claiming the need for protective services for the child.
• Refusing to cooperate is not grounds for removing a child or for temporary custody. Seeking temporary custody to prevent abuse or neglect may be initiated.
• You have the right to file a complaint about how your case was handled.
• You have the right to respond to allegations and provide information verbally or in writing.
• What you say or write can be used in a court proceeding.
• Written responses, including documents provided, will become part of the case record.
• All information regarding the allegations that you provide during the investigation becomes relevant for consideration.
• DCS keeps all responses you make and the information you provide about the allegations in the case record. The record goes to the court before a hearing or trial. 

The process may seem overwhelming to you. Going through a DCS investigation requires attention to every detail. An experienced and skilled child abuse attorney that is knowledgeable about DCS investigations will be on your side throughout the ordeal.

Allegations of child endangerment and abuse are serious in Arizona. They can negatively affect the rest of your life. Even if not convicted, being charged can cause you to lose custody and visitation rights and expose you to criminal penalties. There are two categories of abuse charged under Arizona law: 

• Category one applies to circumstances that could lead to death or serious injury; and
• Category two situations are those unlikely to cause serious injury or death.

Each category carries felony penalties. 

Category One: Abuse Likely to Cause Death or Serious Injury

 There are three classes of felonies that can be charged under category one: 

• Class 2 felony applies to actions done intentionally or knowingly. If the child is under 15 years of age, enhancement of the penalty occurs under the dangerous crimes against children statute.
• Class 3 felony applies when abuse is done recklessly.
• Class 4 felony applies to criminal negligence.

 Criminal negligence applies to a person’s failure to use the care a reasonable person would exercise in similar circumstances.

 Category Two: Abuse Unlikely to Cause Death or Serious Injury

 Three classes of felonies may apply to actions under this category depending on the following: 

• Class 4 felony is charged if the abuse was done intentionally or knowingly.
• Class 5 applies to abuse done recklessly.
• Class 6 applies to abuse done with criminal negligence.

The terms “endangered” and “abuse” apply to situations where a child can enter or stay in any place, including a vehicle containing volatile, toxic, or flammable chemicals. Supplies used to make dangerous drugs fall in this category.

If convicted of abuse, neglect, or endangerment of a child as a first-time offender, you can expect to receive a penalty in the following ranges for the class of felony charged: 

• Class 6 felony — the least severe felony comes with fines and prison time up to 1.5 years
• Class 5 felony — fines and prison time up to 2.5 years
• Class 4 felony – fines and prison time up to 3 years
• Class 3 felony – fines and prison time up to 7 years
• Class 2 felony – the most severe felony comes with fines and prison time up to 10 years 

Penalties for convictions after the first become progressively harsher. Also, suppose a person over 18 committed the abuse against a child under 15, and the abuse was likely to cause death or serious injury. In that case, it is prosecuted as a dangerous crime against children (DCAC) offense. A first offense can result in up to 24 years in prison. Subsequent sentences carry more severe mandatory prison time. 

Fines of $750 to $150,000 are available to the court to impose for all classes of felonies. 

The attorneys at the Guardian Law Group will discuss with you the possible charges, the defenses available if charged, and the penalties for a conviction.

 Possible defenses to a charge of child neglect or abuse include: 

• Being falsely accused
• The discipline used was reasonable
• Religious exemptions apply
• The allegations are false and made with malice
• The alleged abuse was not done “intentionally” or “knowingly.” 

Defenses depend on the circumstances. Don’t hesitate to give Guardian Law Group a call immediately to discuss your case.