Court: Arizona DCS Errors and Lies Caused a Father to Lose Rights to his Child

Massachusetts Human Trafficking
Judge Paul McMurdie

Arizona Judge Paul McMurdie. Image source.

Health Impact News

by Mary Jo Pitzl
Arizona Republic


Sloppy work, lack of evidence and outright lies caused a father to lose parental rights to his daughter, the Court of Appeals argued in an opinion that criticizes the work of nearly everyone involved in the four-year-long case.

The Department of Child Safety, not the father, is to blame for circumstances that led to a juvenile-court decision last year to sever the father’s parental rights, the appeals court wrote.

“(A)ny perceived lack of a bond between Melody and Father was not because of Father’s lack of effort, but because of DCS’s delay, contact restrictions and substantial failure to try to unify Melody with Father,” the three-judge panel wrote.

The unanimous opinion overturned the July 2018 decision and sent the case back to juvenile court.

Parent attorneys hailed the opinion as a much-needed blow for accountability in a system that often is cloaked in privacy.

Judge Paul J. McMurdie dissected the case that started in January 2015, when the father contacted DCS after learning a woman with whom he had had a brief relationship had given birth to a child in Arizona. Donald heard the child had been promptly taken into DCS custody. He offered to take a paternity test, as he rightly suspected he was the father.

From there, everything went downhill, according to the appeals court’s account. DCS added the father to the case that put the child in DCS custody, writing that he was unable to parent the child due to neglect, an inability to care for her basic needs, and abandonment. The juvenile court accepted DCS’ filing and directed the child to be placed in foster care.

But, McMurdie wrote, DCS’ allegations of neglect and abandonment were done “without any investigation,” and were not backed up by any facts. He called the allegations “generic assertions” that started a long process that denied the father the ability to establish a bond with his child.

“The record is devoid of any evidence supporting the unfitness allegations in the petition, a fact DCS acknowledged at oral argument before this (appeals) court,” McMurdie wrote.

Read the full article at The Arizona Republic.

More on Child Kidnapping Corruption in Arizona.

how to protect yourself and children from medical kidnapping 2

The post Court: Arizona DCS Errors and Lies Caused a Father to Lose Rights to his Child appeared first on Massachusetts Trafficking Humans.

Massachusetts Human Trafficking
The Weaponizing of CPS – Lose Your Children IF: You Don’t Vaccinate, You Don’t Make a Dentist Appointment, You Don’t Pay School Lunch Fees, You Don’t Shut Up, Etc.

In a military SWAT-like operation Arizona police break down the door of a family at 1 AM because the parents did not take one of their children who had a fever to an emergency room at the request of a doctor. The child was reportedly sleeping soundly and only had Read More

Massachusetts Human Trafficking
The Criminal Justice System Has Failed to Reduce Domestic Violence

August 2, 2019 by Robert Franklin, Esq. A criminal justice approach to domestic violence hasn’t ameliorated the problem and may be making it worse. We need to find other methods of addressing DV if we’re to reduce its incidence. That’s the gist of this much-needed article by Professor Leigh Goodmark Read More

Massachusetts Human Trafficking
Kansas Mom Has Children Taken Away While Husband Dies in Jail for Using Medical Marijuana

Jennifer Hess with her husband Homer, and their two sons. Homer died in jail after being arrested for possessing medical marijuana, and Jennifer lost custody of her two children. Image from Facebook. Health Impact News A Eureka, Kansas couple reportedly had police enter their home recently without a warrant, based Read More