The mother of a 16-month-old girl who died while living in a Southeast Side foster home has filed a wrongful-death lawsuit against the state and the baby's foster parents.
Emily Mays and her two sisters had been placed in the home of Randall and Penny West about a month before she died last Aug. 25.
The lawsuit alleges that Emily and one of her sisters "were neglected and physically abused" and that the abuse included "hitting, inappropriate physical discipline and injury of blunt-force trauma" caused by Penny West.
The lawsuit, filed by Tucson attorney Thea Gilbert, names the Wests as defendants along with case managers Deborah Headon and Thomas Wooten, the Department of Economic Security and Devereaux Arizona, a nonprofit organization that supervises the licenses of foster homes.
Liz Barker, a spokeswoman for the Department of Economic Security, and Andrea Esquer, a spokeswoman for the Arizona Attorney General's Office, said they hadn't seen the lawsuit, nor can they comment on pending litigation.
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The suit alleges that the state didn't adequately evaluate the baby's needs, placed the children in a home that was filled beyond capacity, didn't monitor the home or case managers well enough and didn't investigate allegations of abuse by Penny West. It also alleges that the state didn't investigate Randall West's criminal background well enough or properly notify the baby's family about her injuries, hospitalization and critical condition.
State officials would not say at the time of the incident how many other children were placed in the home.
Katherine Mays is seeking unspecified special damages, punitive damages and litigation costs and attorneys fees.
According to police, Emily Mays was taken to Tucson Medical Center with life-threatening injuries shortly after 7 a.m. Aug. 25. When the dependent-child unit was called by Child Protective Services at noon, Emily was undergoing surgery. When she came out, medical personnel told a detective that they did not believe her injuries were accidental, said Officer Lisa Peasley, a police spokeswoman.
Emily died at 8:25 p.m. after she was removed from life support. No arrests have been made in the case.
