Can a Child Be Removed from a Family Member’s Custody in Arizona if a Judge Has Signed an Order of Removal?

Question from Pink, Can a Child Be Removed from a Family Member’s Custody in Arizona if a Judge Has Signed an Order of Removal?

Answer from AI:

In Arizona, the Department of Child Safety (DCS), formerly known as Child Protective Services (CPS), has the authority to remove a child from a home if they believe the child is in immediate danger or at risk of harm. This can occur even if there is a notarized document giving custody to a family member.

Understanding the Role of DCS and Court Orders

DCS can petition the court for an order of removal if they believe a child is at risk. If a judge signs this order, it generally means they agree with DCS’s assessment. The order gives DCS the legal authority to remove the child from the current living situation.

• Notarized Custody Agreements: While a notarized document may show an agreement between parents or family members about who should have custody of the child, it may not be legally binding in the same way a court order is. Courts typically prioritize the child’s best interests over parental agreements.
• DCS’s Authority: If DCS has a court order for removal, they can execute that order regardless of any notarized document. The key factor is the judge’s order, not the notarized document.

What Happens After a Child is Removed?

After a child is removed, several things typically happen:

1. Temporary Custody Hearing: A hearing is usually held within 72 hours of the removal. The court will review the reasons for the removal and determine whether the child should remain in DCS custody or be returned home.
2. Case Plan: If the child remains in DCS custody, a case plan is developed. This plan outlines what needs to happen for the child to be returned home.
3. Placement: The child may be placed with a relative or in a foster home while the case plan is being followed.

Seeking Legal Advice

If you find yourself in this situation, it’s crucial to consult with a legal professional who specializes in family law. They can provide personalized advice based on your specific circumstances.

Remember, this information is a general overview and may not apply to all situations. Laws can vary, and legal proceedings can be complex. Always consult with a legal professional for advice.

For more information on Arizona’s child welfare laws, you can visit the Arizona Department of Child Safety website or the Arizona Judicial Branch website.