CPS Laws and Parents Rights

Arizona CPS Laws and Parents Rights

We understand a visit from a DCS (Department of Child Safety) Specialist can be scary, devastating and disconcerting.

But despite what people might think, DCS wasn’t created solely to separate children from their parents. It was created for the main purpose of working with families to guarantee that children are safe.

One of the more vital duties of DCS is to help families get the services needed for them to stay together when possible and to reinforce their family relationships.

When DCS discovers an accusation of child neglect or abuse, state law specifies the department carry out a comprehensive investigation.

DCS requires your help to evaluate your family’s necessities and to supply services in the fastest time possible.

When your child faces considerable neglect or abuse, DCS is obligated to step in, which might include taking the child(ren) away from your house.

DCS tries to balance the parental legal rights and the rights and needs of children to live in a wholesome and safe environment.

Even if DCS examines your family, it does not necessarily mean the child is going to be taken.

As a matter of fact, 10% of DCS accounts end up with the child being taken.

In the immense majority of the contacting of families, DCS and families work collaboratively to settle safety issues and devoid of any children being separated from their parents.

So, what happens if DCS gets in contact with you?

Parents Rights Arizona

In a DCS probe, Arizona law requires the Department of Child Safety to give the parent, custodian or guardian with written evidence defining their rights. With initial contacting, DCS is required to inform the parent, custodian or guardian that:

  • DCS has no legal jurisdiction to influence the parent, custodian or guardian to receive services or to work together with the examination.
  • The one that is suspected is investigated by DCS and the particular accusation or complaint made against them.
  • If they have or have not agreed to cooperate with the investigation or to be involved with the services offered, DCS will continue with their investigation.
  • He or she’s refusal to work with the examination or to involve themselves in services offered doesn’t in and of itself establish grounds for custody temporarily.
  • Department of Child Safety can file a petition with juvenile courts suggesting that the child needs protective service.
  • Any and all information given in reaction to the accusations will be taken into account throughout the investigation.
  • The parent, custodian or guardian can file a complaint indicating how their case is being managed with the Family Advocacy Office and/or Ombudsman-Citizens’ Aide, and to petition DCS judgments. DCS is required to give them the phone number to the Ombudsman-Citizens’ Aide.
  • Parents have the right to reply to the accusations in writing or verbally, including giving information, and to have that information deemed in establishes if the child requires protective services.
  • Refusing to work with the investigation or to involve in services offered doesn’t establish grounds for child removal unless brief custody is obviously necessary to prohibit the child from experiencing neglect or abuse.
  • Any written responses, without excluding any documentation, will be included in the case documentation.
  • Everything the person writes or says may be used in court proceedings.
  • Department of Child Safety will keep any replies to the accusations, including any information given, in the case documentation and will give this information to the court prior to a trial or hearing associated with the dependency appeal.

Can CPS or DCS Remove My Children from the Home?

Few of the children that are reported are removed from their homes.

Although, sometimes children are required to be removed to keep them safe while the parents work on their circumstances.

When the Department of Child Safety takes a child away from their home or thinks about removing a child, they will partake in a team meeting to make decisions.

This meeting will bring together people that are involved with the child’s family and the child themselves.

DCS promotes the family to bring supportive people like family members, neighbors, friends or community people to the meeting.

The meeting’s purpose is to talk about the child’s safety, where they’ll reside, and to determine family sources that can assist the family to protect the child.

DCS takes into consideration all options to protect the child from neglect or abuse prior to placing them in foster care.

Speak with Our DCS & CPS Lawyer In Phoenix & Scottsdale

Our DCS & CPS Lawyer in Phoenix and Scottsdale will advance your case with concern and personal attention and always have you and your children’s best interest in mind when offering legal solutions.

An experienced family law attorney will work with you to obtain the best possible outcome in your situation. We advocate for our clients so they have the brightest future possible. Give us a call today at 480-999-0800 for a free consultation.

Recent Posts



Finding the right mediator can be difficult.


Divorce and Family Law

When a case demands litigation, you’ll have the benefit of 19 years of litigation experience in California and Arizona. But when a case demands collaborative law, or mediation, we can meaningfully describe why collaborative law or mediation may or may not be your best option.

Moshier Law services all of Phoenix and Scottsdale, Arizona. Jennifer and her team of professionals seek to resolve Family Law cases efficiently with your goals in mind.

Jennifer Moshier, Scottsdale Divorce Lawyer

Trail Potter  –  Divorce  Lawyer

You are now leaving moshierlaw.com

You will be redirected to

Click the link above to continue or CANCEL