Stephanie A Stromfors

Thank you for your comments. Our firm welcomes constructive feedback. Generally speaking, in my practice parents are appointed counsel when formal legal action, called a Dependency Petition, is filed by Department of Child Safety (“DCS”) to request the Court order removal of a child from a parent. DCS is only permitted to interfere with a parent’s fundamental right to parent by showing the Court substantial harm will come to the child unless a child is removed from the parent or guardian. In doing so, DCS must outline for the Court and the parents/guardians clear allegations of abuse or neglect and identify there is no parent or guardian who is willing/able to safely parent the child. Once a Dependency action is commenced, DCS is required by the Court to provide a parent with services designed to help the parent overcome the challenges which led to the child being removed. The goal of Court ordered services is to reunify parent and child. Those services can include, but are not limited to: random UA testing, substance abuse assessment and treatment, individual counseling, visitation and mental health assessments/treatment. The Court holds regular status conferences to ensure DCS is in compliance with its obligation to the parents and the child, to monitor whether a parent is engaging in the Court ordered services and to determine if additional services are required to aid reunification. Once a parent participates in those services over a period of time and demonstrates necessary behavioral changes to indicate the parent is safe, reunification is imminent. If a parent does not participate in the Court ordered services, for whatever reason, a parent is not able to show he or she has taken steps to “fix” the circumstance which made Court intervention/removal necessary. The attorney for a parent in a Dependency Action is court appointed to advocate for a parent’s right to not only receive services but to remove systemic barriers for the parent’s ability to access services. Additionally, appointed counsel litigates on behalf of a parent to ensure a strong legal defense in order to fight unwarranted claims against a parent and to guide the parent through the legal process. As an attorney for a parent in a Dependency action, I strive for regular, effective communication with my clients and work with DCS to overcome any obstacles unique to my client’s circumstance. However, no attorney, regardless of skill level or experience, can overcome a parent’s lack of participation in services and the impact that parent’s lack of action will have on the outcome of the case. If you are a client, I encourage you to contact our office to discuss further any concerns you may have.

Thank you for your comments. Given the confidential nature of my involvement in your case, I will respond to your concerns here in a general fashion. The Family Court appoints a Best Interest Attorney (“BIA”), pursuant to Rule 10, Arizona Rules of Family Law Procedure, in cases where there are allegations of abuse or neglect by one or both parents against a child in the family court matter. The BIA does not represent either parent nor does the BIA represent the child or children. The BIA is appointed solely to represent the best interest of the child. Typical to this type of case, when someone has alleged abuse or neglect against a child, the parent or parents have one or several impediments to his or her ability to parent. As such, these impediments can make it difficult for a parent to have accurate insight regarding the possible causes of abuse or neglect to a child which, in turn, can result in a parent’s inability to act in the best interest of his or her child. Therefore, my role as a BIA is to act independently of either parent to investigate the allegations, interview the children, and collect relevant collateral information. Based upon the information I obtain, I will advocate for the child or children’s best interest in the family court matter. I can appreciate a parent may not agree with my position in a case – it is not unusual for a parent to feel defensive or in conflict with the BIA because the parent does not agree with the BIA. Please keep in mind, however, as the BIA I am required to give notice of my position, file pleadings and submit evidence just as any parent must do. I am not appointed as a mental health expert, the Court cannot consider my position as “evidence” and I do not give the Court recommendations. As such, I must litigate my position and meet the same burden of proof as any party to the action must do. Although I may take a position which appears adverse to a parent’s position, my consistent goal is for the children to have a safe and healthy relationship with both parents, to the extent each parent is able to do so. Further, I advocate for services and interventions to assist a parent to improve his or her relationship with the children. Although we previously attempted to address your specific concerns, I encourage you to continue your conversation with my firm. In the alternative, you should express your concerns in writing to the Court in order that all parties have a forum in which to address his or her respective positions. I wish you the best of luck.