Dependency Proceedings

A dependency is an assertion by the state or a third party that a parent is unfit or unable to care for their children. Dependency Court cases involve the protection of children that have been or are at risk of being abused, neglected or abandoned.

  1. Investigation
  2. Hearings
  3. Severance and Appeal

The process begins when a report is received by DCS regarding possible neglect or abuse of a child. An investigator will look into the matter and may remove the child from the home and serve temporary custody notice to the parent. Within 72 hours of removal DCS will hold a Team Decision Meeting (TDM) where the parents and DCS will discuss safety concerns, possible placement issues and potential Service. 

Parents are entitled to retain and have an attorney present during the TDM and if unable can even bring supportive family and friends.

Dependency Petition

If the Child(ren) is/are not returned within 72 hours of removal, DCS will request the Attorney General file a dependency petition. Once a petition is filed requesting that the children be found dependent wards of the state, the court schedules a pre-hearing conference and a preliminary protective hearing and appoints counsel for the parents and a Guardian ad Litem for the children. 

Pre-Hearing Conference

Prior to the Pre-Hearing Conference, counsel should contact the parent to discuss the case. If there is not sufficient time between appointment of counsel and the date of the Pre-Hearing Conference, the attorney will meet with the parent prior to the conference and Pre-Hearing Conference will take place shortly after. The purpose of this conference is to facilitate a discussion regarding the conditions that resulted in DCS involvement, the safety plan, and parenting time in a non0adversarial manner.


  1. Glossary
  2. Hearings A-L
  3. Hearings M-Z

Department of Child Safety (DCS) 

 DCS is invested by the state with the power to investigate allegations of abuse and neglect against children.

If DCS removes a child from a parent, a Temporary Custody Notice (TCN) is served upon the parent. Once removed the department has a Team Decision making meeting (TDM) to discuss, with the parents and other family members, the options available.

The department must either return the child within 72 hours of their removal or file a dependency petition alleging that the child is dependent.

Dependent Child

A dependent child is a child who does not have a parent willing or able to provide proper and effective parental care and control, a child who has not been provided with the basic necessities of life, such as food, clothing, and shelter, or a child whose home is unfit due to abuse or neglect.

Abuse can include physical, sexual, or emotional abuse.

Neglect means failing to provide for the child’s basic needs to such a degree that there is a risk of harm to the child as a result.

The majority of the Dependency Petitions are filed by the Department, however, in Arizona any interested party may file a petition. We refer to these petitions as private petitions.

Guardian Ad Litem

Guardian Ad Litems are attorneys who are appointed to represent the best interests of the children. They do not advocate for what the child wants but rather what they believe to be in the child’s best interests. In cases with children over 12 years of age, the court may appoint an attorney for the child who advocates for the child’s wishes.

Indian Child Welfare Act (ICWA)

The Indian Child Welfare Act is a federal law which requires that different procedures and standards be utilized if the child is an enrolled member of an Indian tribe or is eligible for enrollment.

Interstate Compact on the Placement of Children (ICPC)

The Interstate Compact on the Placement of Children is a law which requires states to cooperate with each other in cases where children will be placed in another state.