Measures passed to make CPS more open

The bills, which now go to Gov. Janet Napolitano for approval, would:

● Assume that information regarding a case of abuse or neglect in the event of a fatality or near-fatality is public. If releasing the information might interfere with a criminal investigation, the burden would be on the county attorney to show how.

● Require that all court proceedings involving termination of parental rights and making children dependents of the state are presumed to be open to the public.

● Change how CPS deals with cases and works with prosecutors.

● Open disciplinary records of CPS and other state employees.

The changes were the product of legislative hearings called by Rep. Jonathan Paton, a Tucson Republican, after the deaths last year of two Tucson children and the presumed death of a third local child who were being monitored by the state agency. Three other children whose families were under CPS scrutiny have died since the legislative process began.

In the initial cases, CPS fought against the release of records, which ultimately showed that caseworkers had expressed concern for the well-being of the children before their deaths, but policy prevented them from taking precautions like filing a missing persons report when one child and his mother disappeared.

In another case, CPS handed two children over to their father despite the fact that there had been a court order preventing him from having custody. CPS never checked court records.

Already, lawmakers have passed and the governor has signed two other bills that:

● Require CPS to report to law enforcement if a child is missing and in potential danger.

● Require CPS to obtain any previous court orders on a child's parents.

Paton said the changes will prompt CPS to better protect children.

Remembering the Tucson children, Brandon Williams, Ariana Payne and Tyler Payne, Paton said: "We can never bring them back, but we can try to bring back the public's faith in their government by making it as open, as transparent and as accountable to the people of this state as we can."

Brandon Williams' mother, Diane Marsh, and her roommate, Flower Tompson, were charged with his death. In the Payne case, the children's father, Christopher Matthew Payne, is accused of killing them.

Paton said the proposed laws would not solve all the state's problems when it comes to protecting children.

"We are under no illusions," he said. "Children will continue to die as long as parents put meth, alcohol and their own selfishness before their families. No government can legislate the wickedness in the human heart."

While Paton's initial effort was viewed critically by Demo-crats, his bills ultimately won wide approval Thursday.

Rep. Linda Lopez, D-Tucson, had expressed concerns in April that opening CPS records could put the state in danger of losing federal funding. But on Thursday, she voted against only the bill that opens employee disciplinary records.

"A lot of the concerns that I had were taken care of and addressed and incorporated, so a lot of those issues have gone away," she said.

But Lopez remains skeptical of the impact the bills will have.

"The reality is that you can do a lot to change people's behavior, but there's always going to be people in every system who have human frailties," she said.

There are also concerns, mostly from Democrats, that the reform stops short of increasing CPS funding, which they call a key part of protecting children.

In a news conference after Thursday's vote, Paton and Rep. Kirk Adams, a Mesa Republican and fellow sponsor of the bills, said they're not opposed to such funding increases if they are coupled with policy changes.

"There are certainly no silver-bullet solutions to fixing child welfare," Adams said. "CPS needs more resources, but absent reforms those resources will not get the job done."

Napolitano doesn't comment on pending legislation, but she is expected to act soon on the bills.