How a Dependency Proceeding Gets Started

( Home )

Reports and Initial investigations
Dependencies start with some kind of report to the authorities--the appropriate authority in Arizona being the Child Protective Services (CPS). Reports of suspected abuse or neglect are made to Child Protective Services in many different ways. They can come from neighbors or relatives. They can also come from mandated reporters --that is, professionals who are statutorily bound to report suspected cases of child abuse.(1) Mandated reporters include professionals like teachers, doctors, nurses, social workers, police officers, and day care providers.

Reports can be made anonymously or by identified persons on the Child Abuse Hotline. That number is 1-888-767-2445. Reports on the hotline are sent into a Central Statewide Registry operated by DES. Regardless of the source, once contacted by the Central Registry, local CPS is required to investigate reports of suspected abuse or neglect. The standard procedure is for CPS to obtain information from the reporter and to personally check on the child. If deemed appropriate, CPS will visit the child's home, talk to parents or other caretakers, consult with medical providers, and interview other persons with relevant information.(2)

When there is a report of suspected abuse or neglect, there is often a parallel criminal investigation. Acts which can give rise to a dependency may also violate criminal statutes. Technically, the presence of a criminal investigation has no bearing on the CPS investigation. CPS must complete his investigation regardless of the decisions of law enforcement to prosecute or not.(3)

If CPS determines that no credible evidence exists to support the allegation, it will make a finding that the allegation is unfounded and administratively close the case. CPS will NOT expunge the records of unfounded investigations--only seal the records from public scrutiny. The State Legislature has decided that even unfounded allegations may hold some future relevance in applications for foster care licenses, teaching positions, and possible future allegations of abuse or neglect.(4)

If CPS determines that a report is serious enough to warrant intervention, they will commonly choose one of three tacts:

1. Offer services to the family without initiating formal dependency proceedings.
2. Initiate a dependency proceeding but leave the child in the home - sometimes called an in-home dependency.
3. Remove the child and initiate a dependency proceeding.
Removing a child
The State has broad powers to temporarily remove a child from the home if "temporary custody is clearly necessary to protect the child because the child is either: 1. suffering or will imminently suffer abuse or neglect(5) or 2. suffering serious physical or emotional damage that can only be diagnosed by a medical doctor or psychologist "(6) Note: that the State need not show that actual abuse or neglect has occurred--only the imminent probability that abuse or neglect will occur.

Once a child has been removed, the State must immediately notify the parent and file a petition with the Juvenile Court alleging the grounds for the dependency proceeding. The parent is entitled to a temporary custody hearing to determine if removal was necessary or if the child can now be safely returned. The parent is given a temporary custody notification (TCN) which is the beginning of the legal process.(7)

When a child is removed, the child will be placed in some form of temporary foster care. A temporary placement can be with a relative, a foster family, a group home, a temporary shelter for children, or a hospital facility. The clear preference is for the child to be placed with a relative.

1 ARS §13-3620

2 The CPS investigating criteria are reproduced at the end of this chapter.

3 In theory, the criminal justice process operates independently from the child protective process - each process having different objectives and policies. Nevertheless the existence of a criminal investigation can have a dramatic impact on the course of a dependency matter. Counsel for children need to be mindful of what is happening with any parallel criminal investigation.

4 ARS §8-807

5 Abuse means the infliction or allowing of physical injury, impairment of bodily function or disfigurement or the infliction of or allowing another person to cause serious emotional damage as evidenced by severe anxiety, depression, withdrawal or untoward aggressive behavior and which emotional damage is diagnosed by a medical doctor or psychologist pursuant to § 8-821 and which is caused by the acts or omissions of an individual having care, custody and control of a child. Abuse shall include inflicting or allowing sexual abuse pursuant to § 13-1404, sexual conduct with a minor pursuant to § 13-1405, sexual assault pursuant to § 13-1406, molestation of a child pursuant to § 13- 1410, commercial sexual exploitation of a minor pursuant to § 13-3552, sexual exploitation of a minor pursuant to § 13-3553, incest pursuant to § 13-3608 or child prostitution pursuant to § 13-3212. ARS §8-201(2)

Neglect or neglected means the inability or unwillingness of a parent, guardian or custodian of a child to provide that child with supervision, food, clothing, shelter or medical care if that inability or unwillingness causes substantial risk of harm to the child's health or welfare, except if the inability of a parent or guardian to provide services to meet the needs of a child with a disability or chronic illness is solely the result of the unavailability of reasonable services. ARS §8-201(21)

6 ARS § 8-821

7ARS § 8-824

( Home | Table of Contents )