Tuesday, January 15, 2008

Payne kids' mother seeks $12 million in their deaths

Tucson Region
Payne kids' mother seeks $12 million in their deaths
By Josh Brodesky
arizona daily star
Tucson, Arizona | Published: 08.17.2007
http://www.azstarnet.com/metro/196828
The mother of Ariana and Tyler Payne has filed a claim against the
state, Child Protective Services, the Tucson Police Department and
others, seeking $12 million for the deaths of her two children.
The claim largely focuses on the decision by CPS workers and city police
to keep 4-year-old Ariana and 5-year-old Tyler with their father,
Christopher Matthew Payne, despite a court order giving their mother,
Jamie Hallam, sole custody without visitation rights.
Payne and his girlfriend, Reina Gonzales, have been charged with murder
in the children's deaths. Ariana's decomposing body was found in a trash
bin in February. Tyler's remains have not been found, but he is presumed
dead.
"CPS simply cannot supplant a valid judge's custody order," said Jorge
Franco Jr., a Phoenix attorney who is representing Hallam.
CPS spokeswoman Liz Barker Alvarez declined to comment, saying officials
had not had enough time to review the claim and offer a response.
City Attorney Mike Rankin said he had not yet seen the claim.
Despite the court order, Hallam let her two children visit Payne in
January 2006 for what was supposed to be a few days. But Payne never
returned the children.
At the time, CPS was investigating Hallam on an allegation of neglect,
which on March 1 was found to be unsubstantiated. Workers with the
agency also were urging Payne to petition for custody.
Documents show that CPS worker Cindy Graupmann closed the case and told
Hallam it was OK to pick up her children from Payne.
However, when Hallam tried to get her kids back on March 9 with the help
of Tucson police, Graupmann, following the direction of Supervisor
Christy Tarpley, told Hallam the case was still open for investigation
and that it would be best to keep the kids with their father.
To bolster the claim, attorney Franco cites a case note from a separate
CPS case that states the agency "cannot violate a court order."
The claim also provides substantial attention to the lack of follow-up
with Ariana and Tyler after Hallam's failed attempt to get her children
back.
CPS officials have said there was no need to check on the children
because the case was closed, and Hallam voluntarily placed the kids with
Payne.
But Franco said that "none of that matters, because the minute CPS
decided to inject themselves and make decisions to either place children
or allow them to remain somewhere else, they have an obligation" to
investigate and check on the welfare of the children.
The claim also outlines Payne's extensive arrest history, calling into
question whether CPS did a criminal-background check on him.
CPS officials have said they did, but the claim states that Hallam's
attorneys had verified with the state Department of Public Safety "that
the search results form, produced by CPS with the limited criminal
history (half of which pertains to a different Christopher Payne), is
not an AZ DPS form."
Finally, the claim also cites CPS' handling of Hallam's most recent
baby, who was born in October 2006.
When the child was born, the infant tested positive for amphetamine, and
CPS officials suspected Hallam of possibly using methamphetamine. The
baby was temporarily placed in foster care but was returned to Hallam
after a few days because Hallam did not test positive.
Considering there is no indication that CPS officials checked on the
welfare of Ariana and Tyler, who were presumed to be with Payne, Franco
said he didn't understand why one child could be returned to Hallam but
two others could not be.
"If she's fit to have that child, why isn't she fit to have her older
children for whom she has a legal custody order?" he said.
The claim also names Gov. Janet Napolitano; Tracy Wareing, director of
the state's Department of Economic Security; Ken Deibert, deputy
director for DES; Tarpley, the CPS supervisor; Graupmann, the CPS
caseworker; and the city of Tucson.
Citing the handling of the case, as well as the psychological stress
Hallam is said to have suffered from being separated from her children,
the claim seeks $4 million in damages for each child from CPS, and $2
million in damages for each child from the city.
View some of Arizona's most wanted fugitives and stay informed about
crime in Tucson by reading the StarNet Police Beat blog at
azstarnet.com/crime
Contact reporter Josh Brodesky at 807-7789 or jbrode...@azstarnet.com.
CURRENTLY CHILD PROTECTIVE SERVICES VIOLATES MORE CIVIL RIGHTS ON A
DAILY BASIS THEN ALL OTHER AGENCIES COMBINED INCLUDING THE NSA / CIA
WIRETAPPING PROGRAM....
CPS Does not protect children...
It is sickening how many children are subject to abuse, neglect and even
killed at the hands of Child Protective Services.
every parent should read this .pdf from
connecticut dcf watch...
http://www.connecticutdcfwatch.com/8x11.pdf
http://www.connecticutdcfwatch.com
Number of Cases per 100,000 children in the US
These numbers come from The National Center on
Child Abuse and Neglect in Washington. (NCCAN)
Recent numbers have increased significantly for CPS
*Perpetrators of Maltreatment*
Physical Abuse CPS 160, Parents 59
Sexual Abuse CPS 112, Parents 13
Neglect CPS 410, Parents 241
Medical Neglect CPS 14 Parents 12
Fatalities CPS 6.4, Parents 1.5
CHILD PROTECTIVE SERVICES, HAPPILY DESTROYING HUNDREDS OF INNOCENT
FAMILIES YEARLY NATIONWIDE AND COMING TO YOU'RE HOME SOON...
BE SURE TO FIND OUT WHERE YOUR CANDIDATES STANDS ON THE ISSUE OF
REFORMING OR ABOLISHING CHILD PROTECTIVE SERVICES ("MAKE YOUR CANDIDATES
TAKE A STAND ON THIS ISSUE.") THEN REMEMBER TO VOTE ACCORDINGLY IF THEY
ARE "FAMILY UNFRIENDLY" IN THE NEXT ELECTION...