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Tucson, Arizona: 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 . 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... |
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