Know Your Rights as a Parent or Guardian in Arizona

Arizona law (A.R.S. § 8-809) mandates that the Department of Child Safety (DCS) must inform you of your rights as a parent or guardian under A.R.S. § 8-809.01. This includes information to help you understand the process when a child is removed from your home.

At the Initial Contact with DCS

• Be informed of the specific complaint or allegation made against you, and be advised that your responses may be used in a court proceeding.
• Receive details about the investigation and how DCS makes decisions.
• Refuse to cooperate with the investigation or decline services offered. Your child cannot be removed solely because you refuse to cooperate.
• Deny a DCS worker entry into your home, unless a court orders otherwise.
• Consult an attorney and have one present during questioning.
• Respond to allegations verbally or in writing; your responses must be considered in determining if your child needs DCS intervention.
• Refuse to sign releases, submit to drug/alcohol testing, or undergo a mental health evaluation unless court-ordered.
• Appeal decisions made by DCS.
• Be informed — both verbally and in writing — of these rights and other rights under Arizona law.
• Report violations of these rights without fear of retaliation, punishment, or interference.

If Your Child Is Taken into DCS Custody

• Be informed (verbally or in writing) that your child was taken into custody and why.
• Receive information about available services, the dependency process, and legal timelines.
• Have an attorney at all court proceedings, or be appointed one if you can’t afford legal representation.
• Be notified of the date, time, and location of all hearings — and participate in them.
• Access services that promote family reunification if your child has been removed.
• Maintain contact with your child unless DCS or the court decides it would be harmful.
• Be consulted about your child’s medical care, education, and grooming.
• Request your child be returned home if the court finds no substantial risk to their safety or well-being.

If You Believe Your Rights Were Violated

• Try to resolve concerns directly with your assigned DCS Specialist via phone or email.
• Contact the assigned DCS Program Supervisor if needed.
• File a formal complaint with the DCS Office of the Ombudsman:
  📞 602-364-0777
  📧 ombudsman@azdcs.gov
• File a complaint with the Ombudsman-Citizens Aide:
  📞 602-277-7292
  📧 ombuds@azoca.gov
• Notify the juvenile court involved in your child’s dependency or severance case — verbally or in writing.

Note: These rights do not create an independent legal cause of action but are intended to ensure transparency, fairness, and accountability.

🔗 Learn More: Visit the official Arizona Department of Child Safety page: DCS.AZ.gov/parents/parents-rights