Being investigated by DCS or having your child removed from your care is terrifying—but you do not lose your rights as a parent just because you’re involved in a juvenile dependency case.
Understanding and asserting your rights can help you reunify with your child and prevent long-term consequences.
1. The Right to Legal Representation
You have the right to an attorney. If you cannot afford one, the court will appoint one. However, not all court-appointed counsel have the capacity to provide consistent, proactive support.
Having a private attorney from Modern Law means having a dedicated advocate who knows how to navigate dependency court and actively fight for your family.
2. The Right to Due Process
You have the right to:
- Be notified of all court hearings and proceedings
- Receive copies of all petitions, reports, and recommendations
- Present evidence and call witnesses
- Cross-examine witnesses presented by DCS or the Guardian ad Litem (GAL)
Dependency hearings are fast-moving. An attorney ensures that your side is not only heard but clearly and legally presented.
3. The Right to Reunification Services
Unless the case involves extreme circumstances (e.g., severe abuse, abandonment, or a prior TPR), Arizona law requires DCS to provide a plan for reunification. This includes:
- Parenting classes
- Drug and alcohol treatment
- Counseling
- Domestic violence intervention
- Supervised or therapeutic visitation
You must participate in and complete these services to progress toward reunification.
4. The Right to Visitation
Unless the court finds that visitation would endanger the child, you are entitled to regular, consistent visitation. Visits may start out supervised and increase in duration or freedom based on your progress.
5. The Right to Appeal
If your parental rights are terminated, you have the right to file an appeal. This process has strict timelines and must be handled carefully to have any chance of success.
At Modern Law, we help parents navigate every phase of a dependency case, ensuring your rights are not overlooked in a complex system.
