CPS Miranda Rights: New Law Protects Your Rights in 2023

 CPS Miranda Rights: New Law Protects Your Rights in 2023

Under a new law, CPS Investigators will now have to advise parents of certain rights upon first contact, or risk ALL collected evidence from being automatically excluded.

There are 10 CPS Miranda Rights that they must read to you out loud, which are:

1. You have the right not to speak with any agent of the Department without legal counsel present.

2. You have the right to receive assistance from an attorney.

3. You have the right to a court-appointed attorney if you are indigent, the parent of the child, and the Department files suit for conservatorship, termination of rights, or to require you to participate in services.

4. You have the right to record any interaction or interview with the Department, but you are advised that you may have to turn it over to the Department, law enforcement, or another party if ordered by the Court.

5. You have the right to refuse to allow the Investigator to enter the home or interview the child without a court order.

6. You have the right to have legal counsel present before allowing the Investigator to enter your home or interview the child.

7. You have the right to withhold consent to the release of any medical or mental health records.

8. You have the right to withhold consent to any medical or psychological examination of the child.

9. You have the right to refuse to submit to a drug test.

10. You have the right to consult with legal counsel prior to agreeing to any proposed voluntary safety plan.

https://matthewharrislaw.com/cps-miranda-rights-under-new-law/?fbclid=IwAR2HtWauelzBPBiRs_QnQrFj0I8zrYin1c2yfxODqQfnxaTsi86UljpXNIQ

Fetanyl

 Today I need to talk about something that is very important and hits very close to home right now.  A close family friend has passed away two day ago due to a Fentanyl overdose.  She was 25 years old, and now she is gone.  So I thought this blog topic should be What Every Parent Should Know About Fentanyl Abuse.

What is Fentanyl?  It is a narcotic that is used to treat severe pain.  It is a controlled substance and the risk for addiction is high.  It can cause respiratory distress and death when taken in high doses or when combined with other substances, especially alcohol, or other illicit drugs such as cocaine and heroin.

Side Effects of Fentanyl Use

The side effects associated with fentanyl can emerge, with greater severity, in individuals who abuse this drug. For this reason, it is helpful to consider some of the most common side effects, which include but are not limited to:

Confusion

Chest pain

Convulsions

Blurred vision

Black stools

Labored breathing

Irregular heartbeat

Fainting

Feeling of a tight chest

Dizziness or lightheadedness

Decrease in urine flow

Cough

Dry mouth

Fever or chills

Loss of appetite

Mood changes

Pounding in ears

Pale skin

Back pain or side pain

Nervousness

Tingling or numbness in the hands, lips, or feet

Ulcers, sores, or white spots in the mouth

Sneezing, sore throat, or sunken eyes

Swelling in the calves, ankles, feet, and hands

Fatigue

One of the most common side effects of fentanyl abuse is the onset of addiction (to be clinically accurate, addiction per the DSM-5, would be called an opioid use disorder). When the body continues to receive fentanyl, it naturally makes adjustments. One adjustment is to build tolerance, which then requires the person to take more fentanyl in order to achieve the desired high.

There is a great danger implicit in tolerance — as the fentanyl intake rises, so too does the risk of harmful side effects. The body wants to promote survival but once drugs are introduced, and drugs are foreign substances to the body, the system gets turned into a potential engine of personal destruction.

More Rare Side Effects

The side effects that are considered rare for individuals who use fentanyl for therapeutic purposes under the control of a doctor may be brought out by abuse of fentanyl. Some of the less common side effects include but are not limited to:

Problems walking and balancing

Clumsiness

Stomach or abdominal

Headache

Muscle jerking or twitching

Less responsiveness to stimuli

Hallucinations (visual, audio, and tactile)

Severe constipation

Extreme sleepiness

Abnormal thoughts

Slowed or fast paced heartbeat

Trembling

Seizures

Signs of Fentanyl Overdose

When a person uses fentanyl as part of a medically supervised pain management plan, there is little risk of overdose. However, fentanyl abuse exposes a person to an ongoing risk of overdose. The most common signs of fentanyl overdose are slow breathing or acutely shallow breathing. If the following symptoms arise and persist, it may be necessary to seek medical attention:

Shallow or slowed breathing

Depression; feeling empty or discouraged

Loss of strength

Muscle stiffness

Lack of interest in activities

Back pain

Diarrhea

Signs of Fentanyl Withdrawal

When a person stops using fentanyl or considerably reduces the familiar dose, withdrawal symptoms emerge. The following are some of the most common fentanyl withdrawal symptoms may include:

Restlessness

Yawning

Chills

Irritability or anxiety

Runny nose or watery eyes

Sweating or chills

Muscle pain

Overall weakness

Stomach cramps

Widened pupils

Joint pain

Backache

Fast breathing

High blood pressure

Increased heart rate

Nausea

Vomiting

There is a general advisement in the addiction treatment community that an individual should not attempt to stop using narcotics suddenly. The opioid withdrawal process can be particularly uncomfortable, and suddenly stopping the use of narcotics can trigger severe withdrawal symptoms to emerge. Rehab programs that offer medication-assisted therapy will provide eligible clients with substitution therapy in the form of drugs like methadone or Suboxone (buprenorphine).

It is called substitution therapy because the person is safely transitioned to the treatment medication without fully detoxing from narcotics. Some individuals will remain on an opioid substitution therapy for months or even years. Other individuals will eventually reach full detoxification (i.e., no opioids or opiates in the body).

Help is available 

SAMHSA National Helpline

Confidential free help, from public health agencies, to find substance use treatment and information. Learn more

1-800-662-4357

Arizona Child Support Guidelines 2022

 One of the most complicated things about family law is that it is constantly changing. Not only do family laws vary from state to state, but they can also change with each passing year. And while Arizona has always been a pioneer by not participating in Daylight Savings Time, our family laws occasionally change just like other states. Arizona has come out with new child support guidelines for 2022, with the most interesting changes being seen in childcare costs and tax exemptions. Read on to learn more about Arizona’s 2022 Child Support Guidelines.

Arizona Child Support Basics- Income Based Model

Arizona calculates child support using an income based model. As the name suggests, it takes both parents’ incomes into account to determine if and how much child support should be paid. The logic is that each parent should pay the same amount of financial support as if the family were still living together, which may then be apportioned depending on how much time the child spends with each parent.

Child support calculations are actually usually done by a computer. However, certain factors may be considered depending on your family’s unique needs. For example, child support could be higher if the child has special medical expenses from a medical condition. Or, child support may need to be reduced if a parent is incarcerated or becomes disabled.

What Counts As Income For Child Support Purposes?

When both parents work at salaried positions, it can be pretty simple to determine their respective incomes. But when one or both parents have variable income, rely largely on tips, receive monthly support from a family member or new partner, etc., it can affect what the court views as monthly income. Income from rental properties and business interests must be included for child support purposes as well. Even income like disability benefits and worker’s compensation must be included for a parent’s child support obligations. Even certain work benefits will be assigned a cash value to use for child support calculations.

Surprisingly, income from overtime work is often exempted by the family court for child support purposes. The courts want parents to have the option to work overtime at their jobs without worry about increasing child support. If the parent used to work overtime when the family was a singular unit, the parent is not obligated to continue working similar overtime hours after a custody division. This is to ensure that the parent will still have enough time to have a meaningful relationship with the child after splitting households.

Deductions For Children From Other Relationships

It isn’t uncommon for our clients to pay (or receive) child support for two or more children from separate relationships. Arizona’s Family Courts recognize that all of a parent’s children must be considered when calculating child support, as one child’s financial support can’t come at the detriment of another’s. If a parent is already paying child support for a child from another relationship, this amount will be deducted from that parent’s income for calculating their child support obligation for their other child. This deduction can be substantial if this parent is the only one financially supporting this child. However, receiving child support will not count as income for the purposes of calculating another child’s support.

Financial Support As a Child Gets Older

In Arizona, family law judges realize that a child’s need for financial support can change over time. In general, it is expected that expenses for a child will increase as they grow older. In Arizona, a child’s support can be increased by 10% the day they turn 12 years old. If the parent is paying support to one more than one child from the same relationship, the 10% increase will be prorated for each child that has reached their 12 birthday.

Medical Insurance

It usually makes sense for the children to only be on one parent’s health insurance policy. This will usually be the parent assigned more parenting time, if applicable. If so, that should be acknowledged in child support calculations. The child support order will indicate which parent will insure and be credited for the child’s healthcare. The amount that parent pays each month in health insurance will be prorated for the children who which support are paid. Whatever the parent pays in medical insurance can be credited as part of their child support obligation. That parent will still be credited if the insurance obligation is paid by someone else, such as a new spouse.

Childcare

Arizona’s childcare guidelines allow parents to add childcare expenses to their basic child support obligation. The person receiving the child support expenses cannot be a dependent- for example, one parent can’t claim their new stay-at-home spouse as a dependent but reimburse them for childcare expenses during their parenting time with the child. The childcare services must be appropriate considering the family’s financial situation- for example, one parent shouldn’t hire a private nanny versus a public daycare provider if both parents make less than the state median income.

Arizona Child Support Tax Exemption Guidelines

A major issue for parents who split custody of one or more children is who will claim them for tax exemption purposes. Sometimes, one parent will consistently claim them, or the parents might switch off years of claiming them. However, Arizona’s 2022 child support guidelines don’t allow a parent who is failing to pay child support to take advantage of the tax benefits for raising their children. The court can take away a parent’s right to parental tax benefits if the other parent can show a history of consistent failure to pay support. The amount the parent is entitled to will be deducted proportionately for the amount of child support they failed to pay.

Other Considerations

Child support is an important matter in Arizona, and it’s highly important that you make your monthly payments in a timely manner. Once child support is owed, there is nothing you can do about it. Child support arrearages can’t be discharged in bankruptcy. Failure to pay your child support could result in a wage garnishment, that will automatically deduct a portion of each of your paychecks and pay your monthly support and arrearages. If you have a child from another relationship or another dependent, 50% is the most your paychecks can be garnished. If you have no other dependents, this goes up to 60%. An additional 5% can be tacked on if you fall more than 12 weeks behind on your child support payments.

In some instances, a parent may be credited for travel expenses up to 100 miles for parenting time. The court will consider the parent’s conduct in making that travel necessary when deciding whether or not they should be credited.

Unless otherwise ordered by the court, one parent cannot fulfill their child support obligations with gifts in lieu of cash, such as clothing, toys, and school supplies.

A third party who is given custody of the child in question is entitled to receive financial support from both parents, unless one or both have signed away their parental rights.

More information about Arizona’s 2022 Child Support Guidelines can be found at Azcourts.gov – Arizona Child Support Guidelines.

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