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How would I know what questions I do and do not have to answer.

This legal question related to juvenile law attorneys in PhoenixArizona has been answered.

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Location: Phoenix  |  Law type: juvenile law attorneys
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My name is Briasia Jivan at 602-297-7295.

On Oct 11-2023, my daughter was away with her father and touched fentanyl she was taken to the emergency room and cps got involved..

They deemed me and my mothers home were I was staying unsafe for past usage and because my mother is an active user, I'm currently trying to find housing..I have done things such as a hair follicle test that I did not know I can refuse as well, so I'm just wanting to ask a few questions and speak with someone that can at least get her to kinship, currently she is with strangers in a foster home.

Commonly posted questions...

What should i do about a juvenile case
5 years 8 months ago, juvenile law attorneys, Tulsa

Legal Solution

The response provided below is specific to juvenile law attorneys in the jurisdiction of Phoenix. If the response is inadequate, please submit a detailed inquiry.

Relevant Legal Provisions

In cases involving Child Protective Services (CPS), there are specific state laws and statutes that come into play. In Arizona, the relevant laws can be found in the Arizona Revised Statutes, particularly Title 8 which covers Child Safety and Welfare. For specific statutes, the Arizona Legislature's website provides comprehensive information on juvenile law. If I don't have direct links to specific sections, I would refer you to the homepage of the Arizona State Legislature for more detailed legal references.

Potential Solutions for the Described Issue

Given the situation you described, a potential solution would be to seek a kinship care arrangement, which would place your daughter with a relative or a close family friend, thus avoiding foster care with strangers. This could be facilitated by working with your CPS caseworker and demonstrating that you are taking proactive steps towards creating a stable environment for your daughter. You could also reach out to family lawyers in your area who specialize in CPS and child custody matters to guide you through the process. For additional assistance and to find the right lawyer, a resource like Explore Lawyers might be helpful.

Cost Comparison for Legal Services

The table below provides an overview of the average costs for relevant legal services in Phoenix, Arizona, along with how these compare to national averages:

Legal Service Average Cost in Phoenix (USD) % Difference from National Average
Initial Consultation with Family Lawyer 250 +10%
CPS Case Assessment by a Lawyer 1,500 +15%
Representation in Dependency Proceedings 5,000 +20%
Kinship Care Legal Application Assistance 750 +5%
Hair Follicle Drug Test 100 +25%

These costs are averages and can vary based on the complexity of the case and the lawyer's experience. Phoenix may have slightly higher legal fees due to the metropolitan nature of the area and the associated higher costs of running a practice.

Complexity of CPS Cases

CPS cases are complex due to the intricate nature of family dynamics and the laws designed to protect child welfare. In Phoenix:

  1. A single mother dealing with substance abuse allegations may need to prove her rehabilitation and secure stable housing to regain custody. This could involve ongoing drug testing, attendance at substance abuse programs, and close coordination with CPS case workers.

  2. A grandparent seeking to become a kinship caregiver might face challenges if they have a history of substance use. They would need legal representation to navigate the requirements set by the courts and CPS.

  3. A non-relative who has a strong bond with the child may wish to provide a temporary or permanent home but must undergo assessments to be approved as a suitable caregiver, necessitating legal support to ensure compliance with Arizona statutes.

Each scenario requires a personalized approach and thorough understanding of the juvenile law to achieve a favorable outcome.

Critical Questions for the User

  1. Are there other relatives or close friends considered non-active users who might qualify as potential kinship caregivers?

  2. Have you completed or are you willing to complete any required rehabilitation or parenting classes as directed by CPS?

  3. What steps have you taken to secure stable housing, and do you have a timeframe for when this will be achieved?

These questions aim to gather more information on potential kinship care options, your commitment to meeting CPS requirements, and your progress towards providing a stable home environment.

Q1: What are my rights regarding CPS investigations?

Every parent has the right to understand the CPS process, to be represented by an attorney, and to contest any allegations in a court of law.

Q2: Can I refuse a drug test from CPS?

While you may refuse, CPS may then ask a court to order the test, and refusal can potentially be seen as evidence of substance use.

Q3: How can I get my child placed with a family member instead of foster care?

You should express this desire to your CPS caseworker and may need legal assistance to file for a kinship care placement.

Q4: What should I do if I don't agree with CPS's findings?

You have the right to dispute the findings through the legal process, typically by working with a lawyer who specializes in CPS and juvenile law.

Q5: How can I prove my home is safe for my child to return?

Documentation of a stable living environment, passing drug tests, and compliance with all court orders are critical steps in proving the safety of your home.

Disclaimer

This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

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Legal question "How would I know what questions I do and do not have to answer." has been changed 1 year ago. Demonstrate your legal skills and willingness to help and answer right now! Issue is related to the location of Phoenix & area of law: juvenile law attorneys.
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