Frequently Asked Questions

When the outcome of the TDM Meeting is for a child to be removed from home for protection from immediate harm, he/she is placed in a licensed foster home, shelter, other licensed facility or with a parent or relative and a petition is filed with the Juvenile Court. Verbal or written notices of the child's removal are provided. A written notice, called a Temporary Custody Notice (TCN), states the reason for removal and the circumstances that placed the child at imminent risk of harm. The TCN will also inform the parent, guardian or custodian to immediately provide any and all information about relatives or other people who have a significant relationship with the child. The parent, guardian or custodian is requested to sign the TCN acknowledging receipt of the notice.

The Temporary Custody Notice will include information about a Preliminary Protective Hearing, obtaining an attorney, a meeting to be held if a dependency petition is filed with the juvenile court, rights and responsibilities, services available and agencies to contact for assistance.

If a hearing date is not known when the Temporary Custody Notice is served, DCS will give the parent, guardian or custodian notice of the date and time of the Preliminary Protective Hearingwithin 24 hours of the petition being filed. This hearing will be held within 5 to 7 days of the removal.

Department of Child Safety is required by law to make every effort to identify and notify all adult relatives of the child within 30 days of the child's removal, of the relatives options to become a placement resource for the child. The notice includes the following:

1. Options available to the relative to participate in the child's care and placement.
2. Describes the requirements to become a licensed foster home and the additional services and supports available for the child in a licensed foster care home.

This notice is not required when the relative or person having a significant relationship with the child has a history of family or domestic violence.

DCS Specialists are required to continually assess if the child can safely remain with the parent. The DCS Specialist, along with their supervisor, will formally evaluate child safety at least every six months; however, as family circumstances change, DCS will evaluate if the child can remain safely with the parent, guardian or custodian.

The court will appoint a lawyer to represent the parents. If they cannot afford the lawyer's fee, the court provides legal representation without charge. Information regarding how to contact the attorney will be included on the notice of Preliminary Protective Hearing delivered by the DCS Specialist within 24 hours after the dependency petition is filed. The parents may consult with the lawyer at any time and have the lawyer represent them at all hearings concerning the children and their parental rights. Any disagreements with DCS may also be discussed with the lawyer.

If parents have not requested an attorney before the Preliminary Protective Hearing, or Initial Dependency Hearing, they may make this request at the hearing or at any other time during court involvement.

When a dependency petition has been filed, a Preliminary Protective Hearing will be held within 5 to 7 days from the child's removal. The parent, guardian or custodian must talk to their attorney before this hearing and come to a meeting called a Preliminary Protective Conference, before the hearing. Other people can come to this meeting, including relatives, witnesses, or others with whom the child might be placed. At this meeting, efforts will be made to reach an agreement about the child's placement, services that should be provided and visitation with the child. The results of this meeting will be discussed at the hearing. At the hearing the court will make orders about the child's placement, visitation, tasks and services to be provided. If the parent, guardian or custodian denies the allegation in the petition, the court may set a date for an Initial Dependency Hearing.

An Initial Dependency Hearing will be set within 21 days after the petition is filed. At this hearing the court can declare the child dependent or set other conferences or mediation. When a child is declared dependent, it basically means the court has ruled that child is in need of parental care and control and that the state of Arizona is legally responsible to provide that. At the same time, a DCS case is now filed in the courts (called a dependency) and DCS will work with the family providing services to address the issues of concern so that the family can reunify if possible.

A case plan is required for every child and family receiving ongoing services from DCS, consistent with the requirements of federal and state law. The case plan is a document that identifies what behavioral changes are required from the parent and/or the child to address the safety threats and risk factors that caused the child to be removed from the home and/or prevent the child from living safely at home without DCS involvement. The case plan identifies the case goal for the child (permanency), services/supports to be provided to achieve the behavioral changes, person responsible, and planned date of review. The case plan also must include what services/supports will be provided to assure the child's health, behavior, educational, and independent living needs. The case plan is written and developed with the family. If the parent is not able or willing to participate in the development of the case plan, it will be noted in the plan. The DCS Specialist must provide parents with a copy of the case plan. This proposed case plan must be a part of the report that is submitted to the court at the time of the Preliminary Protective Hearing.

A staffing is a meeting held with parents and others who are providing services to the family to develop or review the case plan. At the first staffing the permanent case plan is developed. Parents are encouraged and expected to be involved in this planning process. Staffings also provide an opportunity for all participants to discuss progress, exchange ideas and suggestions, and to work together cooperatively to resolve family problems. Regular staffings are scheduled at least every six months to discuss case progress.