Title Vii Rights With Child Protective Services In Maricopa
Description
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FAQ
Yes, you or your child can refuse to talk to CPS unless they have a warrant or a cout order. However, the difficulty with refusing to talk to CPS is that they are a powerful agency with a well-earned reputation for stepping all over the rights of the folks that they are investigation.
CPS has the right to do the following: Investigate reports, even if they are false. Connect you with valuable resources. Meet with your child without your permission. Demand that you follow a plan. Anything you say can be used against you. Remove your children from the home. Terminate your parental rights.
CPS has the right to legally remove your kids from your home under particular circumstances. They must have a court order or be able to prove that your child is in imminent danger in order to take your child from you. Imminent danger includes things like: Physical harm.
You can refuse to speak to CPS or to let them into your home, but that does not mean the case will end. CPS may decide to start a case against you in court if you don't talk to them. They may also contact other people in your and your children's lives for more information.
A dependency is a claim by the state or a third party that a parent is unfit or unable to care for their child or children. The Department of Child Services (DCS) is usually the party who requests the state file a dependency petition to remove the children from the custody of the parents.
It depends on how serious the concerns in the home were and how quickly and effectively the parents complete their case plan tasks. A dependency case can be dismissed by the court when one of the parents (or both if the parents remain together as a couple) are able to parent safely.
DCS may request removal based upon: Abandonment. Neglect. Parents' inability to control the child. Suspected: Mental abuse. Physical abuse. Sexual abuse.
If you believe your rights have been violated, you may: Attempt to resolve the dispute with the assigned DCS Specialist by phone or email. Elevate your concerns to the assigned DCS Program Supervisor by phone or email. File a complaint with the DCS Office of the Ombudsman at 602-364-0777 or ombudsman@azdcs.
Any person with “legitimate interest in the welfare of the child” may petition to terminate parental rights (Title 8-533). Doing so is rare, though, and best undertaken with the help of an attorney.
Parental rights cannot be terminated by a private person. This can only happen by order of court upon a petition from DCFS or the State's Attorney's office. The only exception is by consent or finding of abuse in the course of an adoption procedure.
