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Question: How can I be adopted by someone without my parents knowing? How can I get the legal rights of my parents taken away?

Answer:

In Arizona, your parents are legally responsible for you until you are 18 years of age (A.R.S. § 12-661). Exceptions to this are if your parents are being abusive or neglectful, or if you become emancipated. 

If you are under 18 and have received non-accidental injury or have been neglected, call the ARIZONA CHILD ABUSE HOTLINE at 1-888-SOS-CHILD (1-888-767-2445), or tell another adult whom you trust.  

Parents’ Neglect or Abuse  - (correction of the problem or adoption)

The State agency that investigates whether children are living in an unacceptable environment (usually due to child abuse or neglect) is Child Protective Services (CPS). In order for CPS to investigate a situation or home environment, they must be notified that a child may be living in an unfit situation. The Law requires people who frequently encounter children (doctors, nurses, teachers, social workers, police officers, and others) to report suspected child abuse or neglect to CPS so that CPS can investigate. Anyone may report their concern that a child may be living in an unfit environment to CPS. This is done by dialing 1-888-SOS-CHILD. 

CPS assigns an investigator and, depending on the urgency of the report (child misses too many days of school versus drug crazed parent is pointing a loaded weapon at the children) the investigator will investigate the report. CPS will either substantiate the report or not substantiate it, based on its investigation. Depending on the seriousness of the problems it determines exist, CPS may refer the family for community services (counseling, parenting classes, homemaker services, salvation army for furniture, food bank for food) to help the family correct the problems. CPS may make sure the family participates in rehabilitative services with the threat of removing the child hanging over the parents. 

If the home situation creates imminent risk to the child, CPS may take temporary custody of the child. This can be merely for a doctor's examination to help determine if the child would be safe in the home. If it is determined that a child's home is just not safe, CPS will take custody for longer. If the parent agrees and the situation will likely resolve within a reasonable period of time (for example, the parent must serve 30 days in jail and has no one to help care for the child), the parent and CPS can enter into a voluntary foster care agreement. The law allows a parent and CPS to enter into such an agreement up to twice within a two year period for up to 90 days each. If there is not a voluntary agreement, CPS must file a dependency petition in the juvenile court alleging that a child is without proper parenting in order to keep custody of the child for more than 72 hours. The parents and the child have the right to contest the allegations about their fitness in a trial in juvenile court. 

When CPS has custody of a child, they place the child with a relative, in a foster home or a group home, usually. Ultimately, if a child is found to be a dependent child (dependent on CPS for proper parenting), the parents are required to participate in rehabilitative services to rectify the problems so that the child can safely return home. These services often include psychological evaluation and therapy, substance abuse assessment and treatment, parenting classes, domestic violence counseling, and family counseling. CPS is required to offer these types of services from the moment the child is removed from the home. Parents may voluntarily participate from the onset, but after the dependency trial, parents will be court ordered to participate in services. The court will periodically review the parents’ progress in rectifying the problems that cause the child to be placed outside the home and whether the child's needs are being met by CPS. 

If, after a substantial period of time, the parents aren't getting any better, the court directs CPS to explore permanency plans other than returning home. These can include adoption, guardianship, and preparation for independent living for older children. In most cases, parents and children are reunited.

Emancipation – (living on your own)

When a minor applies or 'petitions' the court for emancipation, the court will look for evidence of the minor’s ability to be completely independent, both financially and emotionally. The court will weigh all relevant factors, including housing, and will determine if emancipation is in the best interests of the minor. (A.R.S. § 12-2451(B) Petition for emancipation order; requirements; notification; representation; waiver of filing fees).

The Arizona Legislature passed the laws allowing emancipation on August 12, 2005. The laws can be found at A.R.S. §§ 12-2451 through 12-2456. You can also read a summary of the law and the process on this site under Laws - Emancipation

See also: Answer to questions #22658 , #22604, #140

Comments
1 thru 1 of 1 comments
On 10/07/07
cindy from CA said:
What other reasons should a child be remove on. QUESTION--to say that a minor might be harm, any minor could be, no matter where that child is place. As to have the case termanted the case in a year time, to reopen it within another case,to have found no evidence on this. To what a child said. {Question To Date} I still like to know, Why all of the evdinece was not known??? As to take the other minor on behalf. With in a order of county service agreement breaking. -[ county ok to do such a order]WHY ARE THERE COURTS
1 thru 1 of 1 comments



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