Custody

What is CPS and what does it do?

Child Protective Services (CPS) is a program mandated under ARS §8-802 for the protection of children alleged to be abused and neglected. This program provides specialized welfare services that seek to prevent dependency, abuse and neglect of children. The Child Protective Services program receives, screens and investigates allegations of child abuse and neglect, performs assessments of child safety, assesses the imminent risk of harm to the children and evaluates conditions that support or refute the alleged abuse or neglect and need for emergency intervention.

This program also provides services designed to stabilize a family in crisis and to preserve the family unit by reducing safety and risk factors. This program provides an array of services, Family Group Decision Making, Family Preservation Services (Intensive Family Services), High-Risk Infant Services (in Maricopa County), case management, parent aide and other in-home family support services. Not all programs are offered in every geographic area. In addition, services to promote permanence, stability and continuity of care are provided for children who enter out-of-home care. Services include, but are not limited to case management, permanency planning, provision of out-of-home care, kinship foster care, adoptive and foster home recruitment, other out-of-home services to individuals or families, and assistance to young adults in transition from adolescence to adulthood.

Arizona state law gives Child Protective Services (CPS) the authority to protect and to aid children who are at risk in their own homes. These same laws provide safeguards for the rights of children and their parents. Law enforcement officers and CPS specialists may remove a child from the parents if a child is suffering or will imminently suffer abuse or neglect, or for a medical or psychological examination to determine if the child has been abused or neglected. Parents whose children have been removed from the home are given a Temporary Custody Notice within six hours. If a dependency petition is filed, parents are notified of the date, time and location court will review the temporary custody of their children. Children and parents have the right to receive services to promote timely reunification as a family.

When Child Protective Services (CPS) receives an abuse or neglect report that meets the criteria for response, a local CPS specialist is assigned to interview the child’s siblings, other children in the home and others who may have information about the child’s safety including family, parents, neighbors, teachers, doctors and friends. After all information is gathered, the CPS specialist and a supervisor review the available facts and the next steps to take. A determination of services will be made to reduce the present risk to the child.

Following investigation, the CPS team determines if the report should be substantiated or unsubstantiated. When a report is substantiated it means that the information gathered supports a finding of child abuse or neglect. CPS may provide services to the family or refer them to services in the local community. When a report is unsubstantiated it means that the information gathered does not support a finding of child abuse or neglect. CPS may end its involvement with the family unless the family requests additional help. A confidential record of all CPS reports and outcomes is maintained in a computer database.

CPS reports are confidential and can be released only to those individuals and agencies authorized by law (A.R.S. 8-807 and 41-1959). This form is to be used by persons who believe that a report has been made about them. Parents may request a report on behalf of their children and legal guardians may request reports on behalf of the child. This form is not to be used to release other types of legally authorized information.

Child Protective Services (CPS) records and files are confidential and can be released only to those individuals and agencies authorized by law (A.R.S. 8-807 and 41-1959). This form may be used by a parent; guardian; custodian; a child; a person who is the subject of CPS information; a prospective adoptive parent; foster parent; or an attorney representing any of these persons pursuant to A.R.S 8-807.

Child Protective Services (CPS) Information
Regarding Children Who Have Died or Nearly Died of Abuse or Neglect (Maltreatment)

Effective September 26, 2008, changes to state law established a detailed process for the Department of Economic Security (DES) to release Child Protective Services (CPS) records related to children who have died or nearly died as a result of abuse or neglect. If CPS receives a report that a child has died or nearly died as a result of abuse or neglect on or after September 26, 2008, the preliminary information will be posted on this page. If additional records on those cases are subsequently requested and released, information about accessing those records also will be posted on this page.

The Department is using a new format to post information on child fatalities and near fatalities that were due to abuse, abandonment or neglect. This format is designed to provide more preliminary information about circumstances of the death or near death.

The Department began posting information about child fatalities and near fatalities on the website on September 26, 2008, when A.R.S. § 8-807, the law governing CPS information, was changed.

Based on public suggestions received over the past year, the Department determined that this revised format would better inform the public about these cases.

The Department is also posting child fatalities and near fatalities that were determined to be the result of abuse or neglect if neither law enforcement nor CPS have identified the perpetrator.

The table below contains information released in the current month.

Child Fatalities/Near Fatalities Information Releases
September 2010

9/10/2010    Near Death of a Child from Maltreatment    Basic Information (10 KB PDF)
9/07/2010    Death of a Child from Maltreatment    Basic Information (10 KB PDF)
9/07/2010    Near Death of a Child from Maltreatment    Basic Information (10 KB PDF)

Trial Victory: Father’s Right to Modify Support

FATHER’S RIGHT TO MODIFY SUPPORT; SUCCESSFULLY DEFENDED FRIVOLOUS CLAIMS BY MOTHER

In May, 2010, Mr. Lazzara convincingly won a wealthy father’s highly contentious child support modification action.  After one year of pleadings, hearings and mediations, Mr. Lazzara successfully utilized expert witnesses in defending his client form the frivolous, defamatory and unsupported claims made by his client’s estranged spouse.  To add insult to injury, Mr. Lazzara also proved a substantial change in his client’s economic circumstances, which resulted in father’s child support modification being extinguished.

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From our law offices in Chandler, Phoenix, and Prescott Arizona, Lawrence Lazzara, Joy Parker and Charles Parker provide family law, personal injury law, and immigration law representation in Phoenix, Tempe, Scottsdale, Paradise Valley, Cave Creek, Carefree, Mesa, Chandler, Gilbert, Queen Creek, Maricopa, Casa Grande, Apache Junction, Glendale, Avondale, Goodyear, Peoria, Surprise, Sun City, Buckeye and throughout Maricopa county and Prescott.