MC Gas Money
Footballguy
Oh lolBolded in your initial post above.How did you know I was assigned one two years ago?Ah, I may have misread. Looks like you were assigned one to you two years ago but he never called (hint: it's on you to contact him). I think calling the court is a safe bet tomorrow.The hearing for tomorrow may still be happening even though the case was found unsubstantiated?I havent been assigned a lawyer so ill just call the court tomorrowHere are some general pieces of information regarding Arizona dependency law. You have been assigned an attorney and should direct any specific questions to him or her (it is, however, possible that he or she may have withdrawn if you did not maintain contact). Even though there is a minute possibility that person is me, I cannot give you specific advice without running a conflict check and I think it's best for both of us that any specifics be kept out of the FFA. 1. In Arizona there is a legal presumption that any child conceived by a wife during wedlock is biologically the husband's. While is may seem silly given that there are situations where the husband is clearly not the father, CPS (actually now called DCS) must make efforts to contact the husband and give him the opportunity to be present and assert due process rights regarding removal or severance. That husband could theoretically assert all rights and try to get custody of the kid or the father could simply consent to adoption. The husband could do a paternity test for possible exclusion, but it's possible that absent any other positive paternity tests for bio dad that the best interests of the child keep the husband as the legal father.I had mentioned in the past that my ex wife had a second child that was taken away by child services a few months back. Since the child was concieved while we were married I was sent court documents naming me and her live in boyfriend as possible fathers.
Btw I am not the father because we live on opposite sides of the country and have not had any contact outside of court august of last year.During the case about the first child 2 years ago I was assigned a lawyer from the arizona courts that contacted me. I was not contacted by any lawyer this time. The initial hearing is scheduled for tomorrow anf I have not been able to reach the CPS case worker because he is on vacation and I havent been able to ask him how I am supposed to appear at the hearing by phone.Then yesterday I recieved mail from the Arizona Deptartment of Economic Security that said this....
Dear Mr. Money:This is to inform you that the DES has unsubstantiated the finding for CPS. The finding will not be entered in to the central registry and no further action will be taken by the Protective Services Review Team.
Services offered or provided to the family include: case management.
Does this mean the case was dropped and I no longer have to worry about this nuisance?
2. ADES is the attorney general's office for the state. They are technically the "law firm" which represents CPS/DCS. They have the power to file dependency actions in court and motion for dismissals.
3. Not being placed on the central registry is a very good thing. Being placed on the central registry means that there has been a finding of abuse or neglect. It carries significant collateral consequences.
4. A dependency action (i.e. a CPS removal case) begins by the courts holding a mediation session followed by a preliminary protective hearing. At that hearing the parents have the option to submit to the dependency and work a case plan to satisfy CPS/DCS or they could request a sort of mini-trial whereby the judge would make a finding of whether the state could show that abuse or neglect was more likely than not. If an alleged parent fails to appear for this hearing the judge may find his absence as an admission and enter a default dependency finding. At or before this hearing the State (CPS through ADES), after further investigation, will sometimes (but not often) move to either outright dismiss the action or move instead to an "in-home dependency" where parent(s) still work the case plan and get services but there is not formal court proceeding. In such scenario it is possible a letter similar to the one you received may be sent.
To answer your specific question indirectly, I would point out two things: 1) these cases are, statistically, not dropped so quickly. It's very possible the case may be proceeding out of court but still active with CPS/DCS; and 2) I'd encourage you to not consider this a "nuisance". I recognize you are not the father of the child, but Arizona law doesn't necessarily agree or care. I strongly encourage you to reach out to your assigned attorney as you may have assertable rights to this child or you may want to take the necessary steps to ensure that paternity is established elsewhere so that you do not become legally responsible for this child (i.e. on the hook for child support).
You think its the same guy this time?