family law
MEDIATION
juvenile law
Dependency
A Dependency
is when the State, usually through Arizona Department of
Child Safety, removes your child, or regulates the
contact with your child due to allegations of unfitness.
Arizona defines a Dependent child as one who is in need
of proper and effective parental care and control and
has no parent or guardian, or the parent or guardian is
not willing to exercise or is incapable of exercising
care and control. Specifically A.R.S. § 8-201(14)
states:
a.
A Dependent child
means a child who is adjudicated to be:
i.
In
need of proper and effective parental care and control
and who has no parent or guardian, or one who has no
parent or guardian willing to exercise or capable of
exercising such care and control.
ii.
Destitute or who
is not provided with the necessities of life, including
adequate food, clothing, shelter or medical care.
iii.
A
child whose home is unfit by reason of abuse, neglect,
cruelty or depravity by a parent, a guardian or any
other person having custody or care of the child.
iv.
Under
eight years of age and who is found to have committed an
act that would result in adjudication as a delinquent
juvenile or incorrigible child if committed by an older
juvenile or child.
v.
Incompetent
or not restorable to competency and who is alleged to
have committed a serious offense as defined in section
13-706.