Wendy Ann Marcus

Wendy Marcus

The type of case referred to in this complaint was a dependency. These cases are confidential. Therefore, I will respond to the complaint in general terms, rather than specifically. When the Department of Child Safety removes a child from the parents due to abuse or neglect, they file a formal petition alleging that the child is dependent (should be a ward of the court). The child and each parent are entitled to be represented by an attorney. Indigent parents are entitled to court appointed counsel. Our firm has a contract to provide those services. Some of the cases involve physical abuse of a child. Most of the cases involve neglect. Neglect can take many forms, but usually involves parental substance abuse, and/or mental illness or cognitive deficiency. DCS requests that the parents take part in services to alleviate the problems, such as substance abuse or mental health treatment. These services assist the parent to make the behavioral changes required for reunification with their children. Parents who cannot or will not make behavioral changes generally cannot reunify. Attorneys receive training specific to this area of law before being allowed to take dependency cases. We also take required continuing education classes each year. This is a complicated area of law, and the stakes are significant. A child has been taken by the state. Attorneys practicing in this area must not only advocate for their client, they must learn which services are available and advocate that their client be provided necessary services. Much of my job involves informal contact with the DCS case manager (and their counsel) regarding providing services to the client. Most issues can be resolved informally. Those that can’t be resolved informally do go to trial. The most common issue to go to trial is whether the parent/child relationship should be permanently severed so that the children may be adopted. Sometimes parents also dispute whether there should be a dependency at all. These are not jury trials, they are decided by the Judge alone. In Arizona most of the judges hearing these cases have a significant amount of experience in dependency law. They know the law and they understand the issues. There are sometimes additional contested hearings. A party may file a Motion to request some action by another party, such as provision of services. If there is a dispute, the motion will be set for an evidentiary hearing. If the issue is resolved before the date of the hearing there is no longer a contested issue and therefore no need for a hearing. The attorney requesting the hearing must advise the judge so that the hearing can be vacated in order to avoid wasting court time. When trial is an option the client chooses whether to go to trial but the attorney directs the course of the trial, including deciding what evidence will be presented. A client cannot direct the attorney to file frivolous motions or to work outside the contracted case. It is the attorney’s responsibility to advise the client regarding the law and what is and is not possible or advisable. An attorney cannot work the case plan for the client. No amount of hearings or trials can change the facts of a case. A parent who cannot or will not change their behavior will lose their child. Fortunately, many of my clients succeed and have a positive outcome. My heart goes out to the writer of this hostile review.