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Phoenix Department of Child Safety Abuse Lawyer

The Arizona Department of Child Safety (DCS) is responsible for ensuring the well-being of Arizona children and managing the foster care system. While this organization has a responsibility to ensure safe living conditions for children in foster care, two back-to-back cases of abuse and neglect indicate that the Arizona DCS may be failing in this capacity. In one case, a young girl faced sexual and physical abuse at the hands of a foster father who was on record as a sex offender, and the other involved a young boy who faced a decade of abuse on which the DCS failed to act.

The Arizona Department of Child Safety abuse attorneys at Begam Marks & Traulsen, P.A. understand the difficulties facing families involved in the foster care system, and we believe that the Arizona DCS has a responsibility to discharge their responsibilities in good faith with the best interests of children in mind at all times. When they fail in this regard, we can help you hold them accountable.

Understanding DCS Negligence

The Arizona DCS must ensure that children in the foster care system go to foster parents who are fit to care for them. In the two most recent cases of DCS negligence, both victimized children had foster parents with criminal backgrounds, whom the DCS did not properly vet before placing children in their care. The DCS must also ensure that a child in foster care is not within reach of known sexual offenders or child predators. In most cases, this type of information is easily available to DCS staff, and they must ensure safe placement for all foster children. When they fail in this regard, an abused or neglected foster child’s family may seek legal action.

Liability in DCS negligence cases can be tricky to determine. In most cases, multiple DCS staff members will absorb some measure of liability after a child suffers abuse or neglect, but this hinges on whether or not the DCS employee faithfully executed his or her duties. Most DCS negligence cases boil down to DCS staff failing to account for issues like adults living in a foster care home, known sexual abusers within the vicinity of a foster child, or properly conducting background checks on foster parents.

DCS employees may also face liability for violating the Constitutional rights of parents. For example, the DCS investigates child deaths to determine whether or not the parents contributed to the death. If the DCS fails to conduct a thorough investigation and wrongfully accuses parents of mistreating their child, the parents may seek justice through a lawsuit against the DCS for violating their Constitutional rights.

Damages in DCS Abuse/Neglect Cases

If you are a parent and the DCS has wrongfully accused you of child abuse, a lawsuit against the DCS can secure compensation for your emotional distress after losing custody of your children, economic damages resulting from the incident, and compensation for the violation of your Constitutional rights. If you are a relative of a child who suffered abuse or neglect in the foster care system, you can seek compensation for the child’s pain and suffering and medical expenses and should also expect repayment for the violation of the child’s Constitutional rights.

The attorneys at Begam Marks & Traulsen, P.A. understand how traumatic DCS abuse and neglect cases can be, and we want to put our skills and resources at the disposal of children and their families who have suffered at the hands of negligent DCS employees and abusive foster parents. We know that considering a lawsuit against the DCS is a massive undertaking, but we have built our reputation on aggressively defending the rights of our clients and never backing down from intense litigation. Contact us today to schedule a free consultation about your Arizona DCS abuse or neglect case, and we will let you know how we can help.