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  • Home
  • About
    • About DCS
      • Engage
    • Administration
      • Kathryn Ptak, DCS Director
    • Field Offices
    • Policy & Procedure
      • DCS Policy & Procedure
      • DCS Rules & Rulemaking
      • DCS Equal Employment Opportunity Policy
      • DCS Non-Discrimination Policy
      • DCS Limited English Proficiency Policy
    • Procurement & Contracts
    • Strategic Plan
    • Tribal Relations
    • Community Advisory Committee
    • Volunteer
      • Get Involved
      • Community / Volunteer Interest Form
      • Giving Tree
      • Luggage of Love
      • Community Screening Partners
      • FACT Program
    • Contact Us
  • Careers
    • Career Opportunities
      • Child Safety Specialist
      • Child Welfare Investigative Specialist (OCWI)
      • Search All Positions
    • We Are Compassioneers
  • News & Reports
    • News Releases
    • DCS Reports
    • Performance Measures
      • DCS Monthly / Semi-Annual Report
    • Child Fatalities / Near Fatalities
    • Process for Release of Info
    • Settlement - Tinsley v. Faust
  • Parents
    • Parent Guide
    • Parents Rights
    • Parent Advisory Collaborative
  • Youth in Care
    • Foster Youth Bill of Rights
    • Medical and Behavioral Health Services
    • Resources for Youth
    • Young Adult Program
    • Rights for Children in Out-of-Home Care, CSO-3121
    • Victims' Rights
    • Self-Advocacy Resources
    • Guardian Ad Litem Survey
  • Foster & Adoption
    • Foster Care
      • Start the Journey! Orientation
      • Learn More
      • Kinship Support Services
      • Therapeutic Foster Care
      • Licensing Agencies
      • Information Events
      • Kinship Resources
      • Go-to Guide
      • Foster & Kinship FAQ's
    • Adoption
      • Adoption Stories
    • Caregiver Training
    • Shared Parenting
    • Children's Heart Gallery
    • Search AdoptUSKids
    • Newsletter
  • Resources
    • Frequently Asked Questions
    • Request DCS Information
    • Complaint or Disagreement
      • Ombudsman Complaint Form
    • DCS Forms
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    • Medical and Behavioral Health Services
      • For Members
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      • News and Updates
      • Contact CHP
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    • DCS Service Array
      • Service Array Materials
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      • Safe Sleep
      • Arizona Families F.I.R.S.T.
      • Healthy Families Arizona
      • Regional Child Abuse Prevention Councils
      • Resources for Parents
      • Back-To-School Resources and Tips for Parents
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      • Joint Investigation Protocol
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      • Young Adult Program
      • Young Adult Resources
      • Extended Foster Care
      • Successful Transition to Adulthood
      • Education
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  • Report Child Abuse
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    • SB1114 - Child Abuse Hotline Required Posting
  • Home
  • Attorney General Issues Formal Opinion Validating DCS Position on Child Interviews

Attorney General Issues Formal Opinion Validating DCS Position on Child Interviews

March 29, 2016
Press Release

PHOENIX (Tuesday, March 29, 2016) – The Arizona Attorney General’s office issued a formal opinion yesterday upholding the Department of Child Safety’s (DCS) longstanding policy of interviewing children without parental notice in instances of neglect. The opinion overrides a decision reached earlier this year by the Arizona Ombudsman-Citizen Aide Office. 

The Department of Child Safety’s policy of interviewing children without parental notice when abuse is alleged was never in question.  The issue revolved around the term “neglect” and whether DCS had the same legal authority when neglect is suspected.  

The formal opinion “explicitly rejects the conclusions reached in the Report of the Ombudsman-Citizens’ Aide,” noting that the Ombudsman “failed to consider the statutory context or the plain language of the provisions contained in the internal cross-references, which calls into question the hyper-technical textual analysis.”

Child neglect is the most prevalent form of child abuse in the United States. According to Director Gregory McKay, the legal definition of neglect is often misunderstood.  While it includes unreasonable risk of harm due to lack of food, clothing, and shelter, in its’ most severe form it is a failure to protect children from serious maltreatment, such as sexual abuse by someone other than the parents in the home, drug abusing parents, and drug exposed children. 

“We take our responsibility to protect children very seriously and the Ombudsman ruling would have significantly compromised it," McKay said. "We need to delicately balance the rights of parents with the rights of child victims to disclose without inhibition; in the end, we must protect all people by exercising due diligence and good faith."

Media Contact

Darren DaRonco
Public Information Officer
Email: [email protected]
Phone Number: (602) 255-2564

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