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Department of Child Safety/Child Protective Services

Contact Our Phoenix Family Lawyers for Legal Assistance

In the state of Arizona, if at least one parent is not willing or able to adequately care for his or her child, the Department of Child Safety (DCS; also known as Child Protective Services, or CPS) may get involved. If there have been allegations of abuse, sexual misconduct, or neglect, the Department of Child Safety will act quickly to remove the child from a potentially harmful situation. If you are currently dealing with a child custody issue, or a matter involving CPS, Montoya, Lucero & Pastor, P.A. can help. Our experienced Phoenix family law attorneys can help you if you believe a child is in danger or if are being investigated by CPS. At our firm, your case matters. We offer personalized legal representation and work to form long-term, trusted relationships with our clients.

Contact our firm today at (602) 483-6869 to discuss your situation with a member of our team. We offer free, confidential consultations; se habla español.

What Happens During a DCS Investigation?

Once abuse or neglect is reported, DCS will conduct a thorough investigation. The investigation may entail immediate assessment of the child’s safety, interviews with the child and/or relatives, scheduling medical examinations for the child if necessary, and addressing any raised concerns with the parent(s). After DCS concludes its investigation, it will inform the parent(s) whether or not the claim was substantiated or unsubstantiated. If unsubstantiated, the claims will not go forward, as this means there was not enough evidence to show that abuse, neglect, or mistreatment has occurred.

If the claims are determined to be substantiated, the following may happen:

  • The parent or guardian of the child will be informed of how they can appeal the findings
  • The parent/guardian will be allowed to request a copy of DCS’s report
  • If desired, an appeal hearing can be scheduled with the DCS Protective Services Review Team
  • The Protective Services Review Team will review the findings and will either agree or disagree with the initial findings
  • If the Protective Service Review Team agrees with the original findings, the parent/guardian may schedule a hearing with the Office of Administrative Hearings
  • An Administrative Law Judge will make a final ruling about the findings

The process of appealing a DPS claim can be difficult and lengthy. It’s wise to have an experienced CPS/DCS attorney in Phoenix who can help you navigate the system and work to secure an optimal outcome. Our team is focused on protecting your child’s best interests.

Contact Us for a Free Consultation

At Montoya, Lucero & Pastor, P.A., we are well-versed in an array of complex family law and DCS/CPS issues. Our attorneys can help you throughout the process, offering compassionate counsel, honest advice, and skilled representation from start to finish.

Call us at (602) 483-6869 or fill out an online contact form to request an appointment with our attorneys. We are available on weekends by appointment.