The State of Arizona has paid roughly $6 million in the last three years to private law firms to defend the Arizona Department of Child Safety against multiple allegations of staff malfeasance and misfeasance leading to the neglect, even death, of children placed into the state’s foster care system.
In the meantime, concerns brought forth by the Arizona Auditor General’s Office in 2019 about foster home recruitment, licensure, use, and retention have not been fully implemented by DCS, and there won’t be another status report to the Arizona Legislature until later this year, according to public records.
A nearly 60 page special report to Gov. Doug Ducey and lawmakers in September 2019 outlined six recommendations for improvements within DCS for Arizona’s foster care system. One key area of concern was foster parents who reported feeling excluded from decisions about the children in their care as well as difficulty accessing needed support and pressure to accept foster placements.
There were also several instances in which foster parents complained of being provided “incomplete or inadequate” information about the children placed in their care, something auditors confirmed when reviewing placement packets as part of the audit.
In May 2020, the Auditor General’s Office provided lawmakers with an initial follow-up, at which time it was revealed DCS was still in the process of implementing five of the six recommendations. Steps to implement the sixth recommendation had not been started, according to the audit report, despite the fact it addressed one of the main complaints – the lack of customer service to improve foster parent recruitment and ensure retention.
Instead, DCS was concentrating on developing and launching of Guardian, its much needed new agency-wide database. But when Guardian went live in February 2021, state employees closed off some features of the system to other state agencies, including the State Foster Care Review board and the Arizona Ombudsman’s Office.
In addition, there were numerous complaints from foster parents, adoptive parents, and foster children transitioning out of foster care about late payments for several weeks after Guardian went live.
A November 2021 “second follow-up” report by the Arizona Auditor General at the 24-month period did not get into those problems. Instead, the report to the chairs of the Joint Legislative Audit Committee remained focused on the six recommendations from 2019, of which DCS had fully implemented only 50 percent.
And there was still had no start date in sight for implementing an improved customer service model, according to that report.
Despite the lack of performance by DCS, there will not be another audit report to the Legislature on the foster home concerns until this fall, according to August General Lindsay Perry’s office. That will mark three years after the initial special report.
The six recommendations and findings as noted in the November 2021 report were:
1. DCS should develop and implement a customer service model to improve foster parent recruitment and retention, and engage in continuous quality improvement via feedback to ensure the model’s successful implementation.
But according to the Perry’s staff, DCS reported “it has yet to begin implementing a customer service model because of competing priorities within the Department, such as implementing its new case management system (Guardian). The Department has not identified a start date for implementing this recommendation.”
2. DCS should, as required by Arizona law, provide foster parents “with complete, updated written placement packet information upon placement of children with foster parents.”
The placement packets began being issued by DCS in September 2021 through an online portal for new and renewed placements. However, obtaining feedback on whether the packets were worthwhile was to be included as part of the improved customer service outlined in Recommendation 1. As a result, the Auditor General cannot make any assessments until the 3-year report on whether the placement packets have resolved concerns expressed by foster parents.
3. The Auditor General also recommended DCS undertake an effort to find out why a foster parent closes his or her license. The pre-Guardian database only allows one reason to be entered, even though foster parents fill out a form which allows for marking multiple reasons. According to DCS, this problem will be resolved at some point via Guardian.
4. Already implemented is the Auditor General’s recommendation that DCS develop and implement procedures to ensure contractors and staff adequately handle intake in English and Spanish, including answering or returning phone calls in a timely manner and meeting Department expectations for call quality.
5. Also implemented was the recommendation that DCS implement procedures to ensure contractors maintain websites with information about how to become a foster parent in Spanish.
6. DCS also improved its monitoring of foster home recruitment and support contracts to ensure core contract requirements are being met, such as providing access to respite care and other requirements DCS deems critical to the contracts’ success.
On Thursday, three GOP groups intervened in a lawsuit challenging Arizona’s new law requiring proof of citizenship in order to register to vote.
The Republican National Committee (RNC), National Republican Senatorial Committee (NRSC), the Republican Party of Arizona (RPAZ), the Mohave County Republican Central Committee, and the Gila County Republican Committee intervened to challenge the plaintiffs: two activist organizations advocating for progressive policies, Mi Familia Vota and Living United for Change in Arizona (LUCHA).
In their motion to intervene, the GOP groups asserted that voter ID preserved election integrity.
“[T]he question for this Court is not whether Movants have an interest in maintaining an ‘unconstitutional’ law. The question is whether Movants have an interest in preventing a federal court from enjoining a valid law that increases voter confidence and promotes election integrity,” read their motion.
Both Mi Familia Vota and LUCHA received help from one of the top lawyers for the Democratic National Committee (DNC) and Hillary Clinton’s 2016 presidential campaign: Russiagate hoax lawyer Marc Elias.
In a press release, GOP Chairwoman Ronna McDaniel defended the new Arizona law as common-sense policy. She added that the law would hold Democrats accountable for their “underhanded election tactic” of rejecting voter ID.
“American elections should be decided by American citizens: full stop. When it comes to non-citizens voting, Democrats are trying to change the rules of the game because their radical ideas won’t win on an even playing field,” said McDaniel.
Democrats argued that requiring proof of citizenship in order to vote was unconstitutional and against federal law.
Today, @dougducey signed HB2492. The bill creates new, illegal barriers for voters and will lead to costly litigation.
The Governor had an opportunity to stand up for voters, election officials, and taxpayers. He failed.
— Secretary Katie Hobbs (@SecretaryHobbs) March 30, 2022
However, legal experts like former Arizona Supreme Court Justice Andrew Gould clarified that the Constitution never empowered non-citizens with the right to vote. Gould toldArizona Daily Independent that the Constitution actually excludes non-citizens.
“Of course, non-citizens have never had a right to vote under the Constitution, and so it is absurd to argue that HB2492 takes away a legal, constitutional right to vote from anyone,” said Gould. “Requiring proof of citizenship to vote is a neutral, reasonable, non-discriminatory restriction that operates to exclude one group: non-citizens.”
If the new law withstands legal challenges, it wouldn’t go into effect until 2023.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
Mesa Public Schools (MPS) ignored additional requests from our reporters to obtain data on how $32.3 million in federal COVID-19 relief funds were spent. In March, MPS toldAZ Free News that no records existed detailing how exactly those funds were spent.
Over a month ago, AZ Free News inquired about records for the chart of accounts related to Elementary and Secondary School Emergency Relief (ESSER) funding. There were three separate COVID-19 federal relief grants administered: ESSER I, coded under 326; ESSER II, coded under 336; and ESSER III, coded under 346.
We requested those records because the public ESSER report given by MPS in December didn’t offer an in-depth explanation. MPS attributed those tens of millions spent to a variety of ambiguous explanations: “other,” “etc,” “indirect costs,” and “COVID relief positions.”
When we asked for further information about the $32.3 million, MPS told us they couldn’t offer further explanation of those expenditures because they weren’t required by law to create records.
Of the over $4 billion Arizona received in ESSER funding, MPS received the second-largest allotment: around $229.2 million. Tucson Unified School District (TUSD) received the most in the state.
Last October, MPS reported that they had nearly $40 million remaining in their maintenance and operation funds.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
Parents pulled their kindergarteners from Scottsdale Unified School District (SUSD) classrooms after district leadership refused to put an end to one staff member’s discussions of gender ideology. The alleged perpetrator was Mia Perry, a before and after school care assistant who told students that she was nonbinary, an LGBTQ+ term indicating that the individual believes they’re genderless.
It appears that Perry shared more details of gender ideology: SUSD parents reported their kindergarteners came home with concern that they wouldn’t always remain the gender they were, and that they could choose their gender.
One SUSD parent and Arizona Senate candidate, Jan Dubauskas, explained to “The Conservative Circus” that Perry informed the kindergarteners of her nonbinary identity unprompted. At the time of the interview, Dubauskas said she hadn’t received word from SUSD about her complaint filed a week prior.
“This person is alone with small children and unsupervised, and SUSD has known about this for at least eight days,” observed Dubauskas.
Several days after filing the complaint, Dubauskas and several other parents running for office issued an open letter to SUSD.
#BREAKING Today, we signed an Open Letter to @ScottsdaleUSD demanding woke gender indoctrination of Kindergartener students cease immediately.
This is personal. My 6 year old daughter is being indoctrinated. Together, we are fighting to protect our children! pic.twitter.com/BfBbBhUnQW
— Jan Dubauskas for State Senate (@DubauskasJan) May 5, 2022
In response to the parents’ complaints, SUSD Superintendent Scott Menzel defended Perry. During the SUSD Governing Board meeting on Tuesday, Menzel accused parents of Civil Rights violations. Menzel took issue with the fact that Dubauskas issued a press release alongside other political candidates discussing details of the complaint against Perry, claiming that the parents were using the issue for political gain. Menzel said that the parents’ decision to issue an open letter before SUSD concluded its investigation supported his assessment of the situation.
“To target an individual publicly for their personal identity — in this case the individual against whom this complaint was filed does not identify as either male or female — is overt discrimination and inconsistent with state and federal law as well as school district policy,” said Menzel.
Menzel reminded SUSD parents and community members that the district had a commitment to its core values of empathy and inclusion.
“This district will not take adverse employment action against any individual as a result of their identity, no matter how offensive that may be to some,” said Menzel. “Hate and targeted attacks toward individuals on our staff are inconsistent and incompatible with [our] core values. It is my hope that our Scottsdale community will respond with kindness, love, and compassion toward all, as we look to finish this school year on a positive note.”
On Tuesday, SUSD issued a response to the parents’ complaint. SUSD Early Learning and Community Education Director Christine Bonow asserted that Perry hadn’t acted inappropriately when she informed kindergarteners of her gender identity. Additionally, Bonow rebutted the claims that the children didn’t ask Perry about her gender.
“I have found the staff person to be credible and consistent in relating the details of the comments that were made. The staff member did not initiate any conversation regarding gender identity, nor did they engage in any instruction that would be considered sex education. When asked a direct question by a child, the staff member answered briefly, in an age-appropriate manner and honestly,” wrote Bonow. “Simply being aware of a staff member’s gender identity is not inappropriate. Staff members are protected from discrimination based upon gender identity by board policy AC, Scottsdale city ordinance, and state and federal laws.”
Bonow then asserted that action against Perry would be discriminatory.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
On Monday, the Arizona Supreme Court dismissed claims of insurrection against State Representative Mark Finchem (R-Oro Valley) and Congressmen Paul Gosar (R-AZ-04) and Andy Biggs (R-AZ-05), ruling them valid candidates for the upcoming election.
A progressive nonprofit, Free Speech for People, alleged that the three legislators weren’t qualified because they committed insurrection through their actions and speech on January 6, a purported violation of the U.S. Constitution’s “Disqualification Clause”: Section 3 of the Fourteenth Amendment.
In response to the ruling, Gosar asserted that free speech prevailed against the Democrats.
Breaking: The AZ Supreme Court just ruled that me, @RepAndyBiggsAZ and @RealMarkFinchem will remain on the ballot. The Democrats lose again and now have to try to beat us at the ballot box. ✔️Free Speech Wins ✔️No “Insurrection” no Disqualification Clause pic.twitter.com/Ct3RvtekSu
The court agreed with the Maricopa County Superior Court’s ruling from last month. Judge Christopher Coury didn’t entertain whether or not the three lawmakers engaged in insurrection. Rather, the courts agreed that the plaintiffs lacked the ability to enforce it. The Arizona Supreme Court agreed with the superior court’s assessment that the U.S. House of Representatives has the sole authority to determine a candidate’s fitness to serve in Congress.
“1) Congress has not created a civil practice right of action to enforce the Disqualification Clause, and the criminal statute prohibiting rebellion or insurrection, 18 U.S.C. § 2382, does not authorize the challenge by a private citizen; 2) A.R.S. § 16-351 does not provide a private right of action to argue a candidate is proscribed by law from holding office; 3) it is unnecessary to decide if the Amnesty Act of 1872 is applicable because no private right of action exists under the United States Constitution or Arizona law; 4) the Constitution reserves the determination of the qualifications of members of Congress exclusively to the U.S. House of Representatives; 5) the doctrine of laches is not applicable at this time; 6) Plaintiffs do not satisfy the legal standards for injunctive relief; and 7) there is no need for an advisory trial. Plaintiffs timely appealed.”
The nonprofit that challenged the qualifications of Biggs, Gosar, and Finchem failed in two similar lawsuits against Congressman Madison Cawthorne (R-NC-11) and Congresswoman Marjorie Taylor Greene (R-GA-14).
In addition to disqualification of the three legislators’ candidacy, Democrats have called for an investigation into their January 6 involvement.
Our country needs to know what role elected officials played in the Jan. 6 planned insurrection — what they knew, when they knew it. Letter signed by all #AZLeg Democrats asking FBI and @TheJusticeDept to investigate involvement of Rep. Mark Finchem, Congressmen Biggs and Gosar. pic.twitter.com/kUhAQAWkqq
The leader of the activist movement challenging the results of the 2020 election, Ali Alexander of “Stop the Steal,” named Gosar, Biggs, and Finchem as three individuals who helped him organize the January 6 protest.
One of the latest actions taken on these claims came last week when the U.S. House’s January 6 Committee requested that Biggs speak with them.
The Select Committee has requested cooperation from three additional members of the House of Representatives: • Rep. Andy Biggs • Rep. Mo Brooks • Rep. Ronny Jackson pic.twitter.com/ioB1rGxAG5
— January 6th Committee (@January6thCmte) May 2, 2022
Biggs refused to cooperate. He compared the committee’s intentions and tactics to those behind the Salem Witch Trials, with former President Donald Trump supporters being the target.
I will not be participating in the illegitimate and Democrat-sympathizing House Jan. 6 committee panel.
The committee has been a sham since its origins. Its entire purpose is to destroy President Trump and his supporters, intimidate members of Congress, and
Valley Metro Transit will formally begin streetcar service in Tempe later this month as part of a $190 million public transportation project which began construction in 2018 and has been funded by federal grants, regional funding, and local public-private partnerships.
Operation of the streetcar, which is smaller than the light rail vehicles typically seen in the metro area, will be paid by the City of Tempe. The three-mile route is slated to service the ASU- Tempe campus, downtown Tempe, Gammage Auditorium, Sun Devil Stadium, and Tempe Beach Park starting May 20.
But while Tempe is expanding its public transit options, questions are being raised in other parts of the Phoenix metropolitan area where some bus routes frequently attract less than a handful of riders, day after day. Valley Metro’s own reports confirm significantly low ridership on some route, drawing attention to the cost and associated problems in providing regional public transit.
Transit officials in the Valley attribute some of the ridership changes seen in late 2021 and early 2022 to the effects of service reductions and route changes due to COVID-19. For the year ending June 30, 2019 there were more than 49 million pre-pandemic Valley Metro bus riders, which dropped to 39.7 million the next fiscal year which included the first six months of COVID-19 cases.
However, the unreliability of public transit and mask mandates forced many residents to find other options and they have been slow to return. For the Fiscal Year ending June 30, 2021 there were less than 21 millions Valley Metro bus riders, according to public records. Valley Metro light-rail ridership also dropped around 50 percent from FY 2020 to FY 2021.
While a lack of ridership is a growing concern in the Phoenix metro area, it is the change in rider demographics that is currently creating problems for Tucson’s Sun Tran bus service, according to the union representing the drivers.
Teamsters Local Union 104 reports there were only 14 physical assaults on its drivers in 2018. That jumped to 47 in 2021, while there have already been 17 as the end of April, putting Sun Tran on track for more than 50 attacks this year.
But those numbers, union officials say, do not include verbal threats and abuse directed toward drivers, who are also called coach operators. And then there is the escalation in the frequency and cost of property damage to the buses, as well as public health issues.
The union insists the problem is directly tied to the City’s decision to waive all bus fees during the pandemic in an effort to aid workers and students who relied on public transit. The waiver, paid for by $43 million in federal pandemic funding, is set to end this summer, and union officials say it cannot come soon enough.
Teamsters 104 contends Tucson’s city buses have become “a mobile refuge from the elements frequented by drug users, the mentally ill and violent offenders” due in part to the fee waiver. The usual fare-paying rider is no longer using Sun Tran to get to work, school, or medical appointments, having been replaced by non-paying passengers who instead “ride for hours on end, sleep on the buses, abuse drugs, relieve themselves and assault drivers,” the union says.
Another consequence of the free fair-induced change in ridership, the union says, is that those for whom the public transit was designed are now choosing alternative methods of transportation to avoid risks to their health and safety, especially elderly riders and those who have children. The situation, Teamsters 104 claims, has resulted in a workplace environment that has deteriorated for Sun Tran drivers while “lawlessness abounds and violence in commonplace.”
Meanwhile, the City of Sierra Vista discontinued three intracity fixed routes of its Vista Transit on Monday. In their place, city officials approved a new limited bus route with stops at the county’s major hospital as well as at state and county offices located with the city.
The change, which was noted as temporary but with no end date, means there will no longer be fixed route bus service available to and from Fort Huachuca. And while the city’s announcement puts the blame on “staffing shortages,” local residents as well as city officials have commented about the dearth of riders in post-pandemic months.
Vista Transit was one of the first in the state to change over to smaller, less expensive buses several years ago. And with budget season in full force, it is likely city bus service will look much different when the suspension is lifted, according to officials.
At the same time Sierra Vista is making serious cuts to its public transit options, the Town of Gilbert is considering whether to spend nearly $290,000 to study bringing commuter rail service to its town. The proposal has received pushback from local taxpayers as well organizations like the Arizona Free Enterprise Club concerning efforts by some town officials to keep the matter a secret.
