Arizona Child Protective Services foiled mom's custody bid, 2 kidsremained with dad accused of killing them Although she had a court ordergiving her sole custody

http://www.azstarnet.com/metro/178971

CPS foiled mom's custody bid
2 kids remained with dad accused of killing them

By Josh Brodesky
arizona daily Star
Tucson, Arizona | Published: 04.18.2007



In March of last year, the mother of Ariana and Tyler Payne called 911
asking for help in getting her children back.
Although she had a court order giving her sole custody, Jamie Hallam
hadn't seen her kids for six weeks, after letting them visit their dad,
Christopher Matthew Payne, for what was supposed to have been a few days.
But when police went to Payne's South Side apartment to recover the
children, they were told by Child Protective Services workers that it
would be better for the kids to remain with their father. CPS was
helping Payne get custody and was investigating Hallam.
"It would be best that the children stay with their father," a Tucson
police report states, describing what a CPS supervisor had told the
investigating officers. Payne "was 'acting in good faith' and taking all
necessary steps with CPS and the courts to get custody of his children,"
the report states.

Payne, 28, is charged with the murders of 5-year-old Tyler and
4-year-old Ariana.

Police discovered Ariana's decomposing body Feb. 18 in a plastic tub
that had been placed in a trash bin. Her body had been kept in a storage
locker at U-Store-It, 519 E. Prince Road.

Tyler's remains have not been recovered despite two searches at Los
Reales landfill, 5300 E. Los Reales Road, where police believe he may be
buried.

Why CPS was investigating Hallam is unclear. CPS won't say. Nor will it
comment on whether the agency researched Payne's background, which
includes several arrests on drug-related and harassment charges.

"I cannot share information related to our contact with Mr. Payne
because the county attorney has indicated that the release of this
information may jeopardize their case," CPS spokeswoman Liz Barker said.
Efforts, late in the afternoon Tuesday, to speak with police about
protocol in child-custody cases were unsuccessful.
Kids appeared healthy

According to the police reports, the visit to Payne's apartment near
West 36th Street and South Mission Road on March 9, 2006, went as follows:
Hallam called police from a gas station near Payne's apartment.
When police arrived, Hallam told them she'd dropped her children off
with Payne for the weekend on Jan. 20 because "she thought it would be
good for the children to spend time with their father," one report says.
But after the visit was up, Payne asked Hallam if the kids could stay a
few more days. She acquiesced but then never heard from Payne again,
despite "numerous" attempts to contact him.
Hallam presented police with court documents showing she had custody, so
the officers went to the nearby apartment to speak with Payne.
There, they saw Ariana and Tyler.
"Both kids were happy, appeared healthy and were excited to see police
in their home," the report states.
There was also plenty of food, and despite a dirty kitchen, "the home
looked to be in good order," according to the report.
Payne also showed the police a copy of his court petition for custody
and said he was working with CPS.
As one of the police reports note, however, "The court documents were
'petitioning the court' for a hearing, and in no way showed or implied
that he had any custody of the children."
Still, police let the kids stay with Payne after speaking with CPS workers.

A CPS supervisor said Hallam was not cooperating with the agency's
investigation.
No blanket guidelines
Whether the police officers and CPS followed protocol for their
respective agencies by keeping the kids with Payne is unclear.
Barker, spokeswoman for CPS, said the agency does not have blanket
guidelines, dealing with issues on a case-by-case basis.
Because she couldn't provide case details, she said she couldn't say if
workers followed protocol.
Deputy County Attorney Sue Eazer, who would not speak specifically about
the Payne case, said while the letter of the law dictates custody,
courts often accept decisions parents make about visitations that are
different from a custody settlement.
Hallam and Payne were married in January of 2002.
Incident reports from Tucson Police Department and the Pima County
Sheriff's Department show the marriage was marked by domestic troubles
and fighting.
By December of 2002, Hallam had filed an order of protection against
Payne because of an alleged assault in November in which she said that
he head-butted her, according to police reports and court documents.
Payne was arrested and charged with assault in the November incident,
but the charge was later dropped.
In an interview last month, Richard Barcalow, Hallam's stepfather, said
Hallam moved in with him in Catalina shortly after the alleged fight.
"And then after a couple of years with them not being together, he
called her up and asked if he could have the kids," he said. "He was
very well dressed and very polite."



CURRENTLY CHILD PROTECTIVE SERVICES VIOLATES MORE CIVIL RIGHTS ON A
DAILY BASIS THEN ALL OTHER AGENCIES COMBINED INCLUDING THE NSA/CIA
WIRETAPING PROGRAM....

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 THEIR
"FAMILY UNFRIENDLY" IN THE NEXT ELECTION...

It's pretty rare that CPS sides with a Dad, so
what was the reason they did in this case?
(beside the usual funding motivation)

On Apr 18, 9:17 am, fx wrote:
http://www.azstarnet.com/metro/178971

CPS foiled mom's custody bid
2 kids remained with dad accused of killing them

By Josh Brodesky
arizona daily Star
Tucson, Arizona | Published: 04.18.2007

In March of last year, the mother of Ariana and Tyler Payne called 911
asking for help in getting her children back.
Although she had a court order giving her sole custody, Jamie Hallam
hadn't seen her kids for six weeks, after letting them visit their dad,
Christopher Matthew Payne, for what was supposed to have been a few days.
But when police went to Payne's South Side apartment to recover the
children, they were told by Child Protective Services workers that it
would be better for the kids to remain with their father. CPS was
helping Payne get custody and was investigating Hallam.
"It would be best that the children stay with their father," a Tucson
police report states, describing what a CPS supervisor had told the
investigating officers. Payne "was 'acting in good faith' and taking all
necessary steps with CPS and the courts to get custody of his children,"
the report states.

Payne, 28, is charged with the murders of 5-year-old Tyler and
4-year-old Ariana.

Police discovered Ariana's decomposing body Feb. 18 in a plastic tub
that had been placed in a trash bin. Her body had been kept in a storage
locker at U-Store-It, 519 E. Prince Road.

Tyler's remains have not been recovered despite two searches at Los
Reales landfill, 5300 E. Los Reales Road, where police believe he may be
buried.

Why CPS was investigating Hallam is unclear. CPS won't say. Nor will it
comment on whether the agency researched Payne's background, which
includes several arrests on drug-related and harassment charges.

"I cannot share information related to our contact with Mr. Payne
because the county attorney has indicated that the release of this
information may jeopardize their case," CPS spokeswoman Liz Barker said.
Efforts, late in the afternoon Tuesday, to speak with police about
protocol in child-custody cases were unsuccessful.
Kids appeared healthy

According to the police reports, the visit to Payne's apartment near
West 36th Street and South Mission Road on March 9, 2006, went as follows:
Hallam called police from a gas station near Payne's apartment.
When police arrived, Hallam told them she'd dropped her children off
with Payne for the weekend on Jan. 20 because "she thought it would be
good for the children to spend time with their father," one report says.
But after the visit was up, Payne asked Hallam if the kids could stay a
few more days. She acquiesced but then never heard from Payne again,
despite "numerous" attempts to contact him.
Hallam presented police with court documents showing she had custody, so
the officers went to the nearby apartment to speak with Payne.
There, they saw Ariana and Tyler.
"Both kids were happy, appeared healthy and were excited to see police
in their home," the report states.
There was also plenty of food, and despite a dirty kitchen, "the home
looked to be in good order," according to the report.
Payne also showed the police a copy of his court petition for custody
and said he was working with CPS.
As one of the police reports note, however, "The court documents were
'petitioning the court' for a hearing, and in no way showed or implied
that he had any custody of the children."
Still, police let the kids stay with Payne after speaking with CPS workers.

A CPS supervisor said Hallam was not cooperating with the agency's
investigation.
No blanket guidelines
Whether the police officers and CPS followed protocol for their
respective agencies by keeping the kids with Payne is unclear.
Barker, spokeswoman for CPS, said the agency does not have blanket
guidelines, dealing with issues on a case-by-case basis.
Because she couldn't provide case details, she said she couldn't say if
workers followed protocol.
Deputy County Attorney Sue Eazer, who would not speak specifically about
the Payne case, said while the letter of the law dictates custody,
courts often accept decisions parents make about visitations that are
different from a custody settlement.
Hallam and Payne were married in January of 2002.
Incident reports from Tucson Police Department and the Pima County
Sheriff's Department show the marriage was marked by domestic troubles
and fighting.
By December of 2002, Hallam had filed an order of protection against
Payne because of an alleged assault in November in which she said that
he head-butted her, according to police reports and court documents.
Payne was arrested and charged with assault in the November incident,
but the charge was later dropped.
In an interview last month, Richard Barcalow, Hallam's stepfather, said
Hallam moved in with him in Catalina shortly after the alleged fight.
"And then after a couple of years with them not being together, he
called her up and asked if he could have the kids," he said. "He was
very well dressed and very polite."

CURRENTLY CHILD PROTECTIVE SERVICES VIOLATES MORE CIVIL RIGHTS ON A
DAILY BASIS THEN ALL OTHER AGENCIES COMBINED INCLUDING THE NSA/CIA
WIRETAPING PROGRAM....

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 THEIR
"FAMILY UNFRIENDLY" IN THE NEXT ELECTION...