The Department of Child Safety (DCS) and the State of Arizona Ombudsman-Citizens’ Aide Office
Various statutes in the Arizona Revised Statutes Titles 8 and 41, require the Department of Child Safety (DCS) to permit the State of Arizona Ombudsman-Citizens’ Aide Office (AZOCA) unrestricted access to all DCS records, with few exceptions. Since the State of Arizona Ombudsman-Citizens’ Aide office is not part of DCS, but an independent office of the Arizona Legislature, DCS does not have authority over our office. This statutory requirement helps to ensure transparency of DCS, and fairness for individuals involved in the DCS process.
Know Your Rights
Arizona Revised Statutes require that DCS provide specific documents (notices) when they take temporary custody of a child (Temporary Custody Notice), or when an individual is the subject of a DCS Investigation (Notice of Duty to Inform). These notices inform the recipients of their rights, and provide details and contact information for the Arizona Ombudsman-Citizens’ Aide Office.
If you become involved with DCS, we highly recommend you immediately educate yourself on the process in which you are now involved. Seek to understand your rights and the mission, obligations, and laws that guide DCS. The quickest way to find information about DCS is to visit their website at https://dcs.az.gov. Then we suggest you acquaint yourself with the DCS Policy Manual at https://extranet.azdcs.gov/DCSPolicy/Content/Program%20Policy/Program_Policy.htm. If you do not have access to the internet, public libraries provide free internet access. If you become involved in a DCS case, learn your rights and become familiar with processes and terminology. Time spent educating yourself about DCS will prove invaluable as you navigate the DCS system.
The State of Arizona Ombudsman-Citizens’ Aide office DOES NOT have jurisdiction over the court judge, the guardian ad litem (GAL), the Court Appointed Special Advocate (CASA), the Foster Care Review Board (FCRB), the courts, or your attorney. If your complaint involves one of these entities, our office will be unable to directly assist. We can still discuss the case with you and provide resources that might help you. DCS dependency cases are heard in county juvenile courts (Superior Court). The Arizona Supreme Court has a helpful website regarding general dependency information and is viewable at https://www.azcourts.gov/improve/Resources.aspx. Maricopa County also has an informative website about the court and the dependency processes, available at https://www.maricopa.gov/807/Dependency-Court-Process.
DO YOU HAVE A DISPUTE WITH DCS?
Disputes sometimes arise during DCS involvement. Should you find yourself in a dispute with DCS, follow the advice above and educate yourself about DCS processes so you are better prepared to make your points and to be heard. The law requires that you attempt to work with DCS first before we (AZOCA) may investigate. DCS also has an internal ombudsman office – the DCS Internal Ombudsman Office.
If you have a dispute with DCS, follow the following steps:
Step 1: Attempt to Resolve Disputes with the DCS Caseworker
If you develop a dispute about your DCS case, first attempt to address the concern directly with your DCS caseworker. We recommend initial contact by phone. Emotions can run high during these conversations, so we recommend that you are self-controlled and polite during all interaction with DCS. We further recommend that you do not leave an excessive number of voice messages for your DCS caseworker. One or two voice messages should be sufficient. If you do not receive a response within two business days, then we recommend changing to written communication via email or letter. Keep copies of your correspondence with the caseworker.
If step 1 fails, proceed to step 2.
Step 2: Elevate Concern to DCS Supervisor
If your attempt to resolve your dispute with the DCS caseworker is unsuccessful, then you may proceed to the DCS caseworker’s supervisor. Again, we recommend that you do not leave an excessive number of voice messages, allowing two business days for a response. If you do not receive a response within two business days, then utilize written communication via email or letter. Again, keep copies of all correspondence.
If step 2 fails, proceed to step 3.
Step 3: Contact the DCS Office of the Ombudsman or utilize the DCS Grievance process.
If your attempts to resolve your dispute have been unsuccessful with the caseworker and supervisor, then proceed to the DCS Office of the Ombudsman, a dispute resolution office internal to DCS. The DCS Office of the Ombudsman was previously known as the DCS Family Advocate Office. REMINDER: The DCS Office of the Ombudsman office is NOT affiliated with the State of Arizona Ombudsman-Citizens’ Aide office.
DCS Office of the Ombudsman
Contact the DCS Office of the Ombudsman via phone at 877-527-0765 or 602-364-0777 or email Ombudsman@azdcs.gov.
Please Note the DCS Office of the Ombudsman:
- Does not provide legal advice; and
- Will not reveal confidential case information.
DCS Grievance Process
The DCS Grievance is a written complaint that you submit either online or by mail directly to DCS. DCS will then review your complaint and the facts surrounding your case, and attempt to work toward a resolution. DCS will respond directly to you.
The DCS Grievance process consists of three levels, with a goal to resolve the complaint at the lowest possible level. The process is initiated by you completing and submitting the Level 1 Grievance Form. If you are not satisfied with the DCS response, then you may move onto the Level 2 Grievance, then the Level 3 Grievance, adhering to all specified timeframes. Please note, that due to the nature of DCS’s responsibilities, not all grievances will be resolved to your satisfaction.
There are also certain subjects that the DCS Grievance Process WILL NOT address, including:
- The removal of children from a parent, guardian or custodian;
- Court orders and/or information provided to the court;
- Current issues being heard in court or previously decided in court;
- Issues previously grieved, without new developments;
- Challenges to findings made during a DCS investigation;
- Results of an evaluation (psychological, psychiatric, or substance abuse);
- Mediation outcomes; or
- Denial or revocation of a license or certification.
If your complaint is regarding one of the subjects listed above, you should NOT start a DCS Grievance. Instead, contact the DCS Office of the Ombudsman at 877-527-0765 or 602-364-0777 for additional guidance.
Step 4: Contact the State of Arizona Ombudsman-Citizens’ Aide Office
If you have exhausted efforts to resolve your dispute with DCS and remain unsatisfied, you may contact the State of Arizona Ombudsman-Citizens’ Aide Office (AZOCA) and ask that we investigate the concern.
Please review “To Make a Complaint” for how to contact the State of Arizona Ombudsman-Citizens’ Aide Office. To file a complaint electronically, use our online complaint form.