by Daniel Stefanski | Aug 21, 2023 | News
By Daniel Stefanksi |
The 2023 Arizona legislative session may be in the state’s rearview mirror, but one lawmaker is championing one of her bills that was signed into law earlier this summer.
Republican Representative Barbara Parker issued a press release last week, lauding the passage and signing of her bill, HB 2651, which “requires the Department of Child Safety to fulfill additional notification and reporting requirements relating to cases involving missing, abducted or runaway children.” The legislation was signed into law by Democrat Governor Katie Hobbs on June 19.
According to the release from Representative Parker, “ARS 8-810, the Child Safety statute, had no time frame requirement listed to report when a child in state custody went missing. In 2014, Congress passed the Preventing Sex Trafficking Act, which required states to develop policies and procedures for ‘expeditiously locating any child missing from foster care’ and ‘determining the child’s experiences while absent from care, including screening the child to determine if the child is a possible sex-trafficking victim.’ Tragically, audits from the federal Inspector General’s Office and the State Auditor General proved that Arizona’s Department of Child Safety, was not in compliance with either state or federal standards.”
“I did not expect to run this bill, but on January 21, 2023, just 12 days after I was sworn into office, two teen girls were found dead in a water-filled retention basin in my legislative district just blocks away from their group home,” said Representative Barbara Parker. “There was no media coverage of their disappearance until their bodies were found 15 days later. The community where they lived was never given the opportunity to look for them, and it was then that a constituent and foster care advocate, Anika Robinson, reached out to me regarding serious issues regarding the reporting standards of DCS.”
The bill first passed the House on March 1, 31-28 (with one member not voting). It was amended in the Senate and passed unanimously in that chamber on June 12, 30-0. The House concurred with the Senate’s changes, passing it on June 13, 56-2 (with two members not voting).
Representative Parker added, “The state should have done more for Sitlalli Avelar and Kamryn Meyers. The vulnerable teens’ disappearance could have been reported to the media in the first 24 hours. Both were on medication for behavioral needs and were at risk for sex trafficking or harm due to their acuity. The National Foster Youth Institute estimates that sixty percent of child sex- trafficking victims are often found to be in state-controlled foster care or child welfare systems. This new law will change this terrible statistic, requiring mandatory 24-hour reporting with detailed deliverables and protocols for each situation of missing, abducted, or runaway children, along with treatment, training, legislative audit oversight, and a detailed checklist explaining how all of this will be communicated to the proper authorities in a timely manner.”
The President of ASA Now and Jacob’s Mission Community Center, Anika Robinson, also weighed in on the success and significance of this legislation, saying, “This bill signing not only brings renewed hope to foster parents but also establishes a strong framework that acknowledges the significance of collaborative efforts between state agencies, foster parents, and the community in protecting and finding missing foster children. By prioritizing the prompt reporting of missing foster children in accordance with federal requirements, engaging the public through the media package, and having proper training for state personnel, Arizona sets an exemplary standard for other states to follow, reaffirming its commitment to the well-being and safety of foster children.”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
by Corinne Murdock | Aug 12, 2023 | News
By Corinne Murdock |
An audit released last month found that the Arizona Department of Child Services (DCS) has failed to follow state law on information sharing and case review attendance for foster children.
The report was the first in a three-part series on DCS, determining whether DCS followed law to provide the information necessary for local foster care review boards to complete foster children’s cases. The auditor general, Lindsey Perry, found that DCS caseworkers failed to provide all the necessary documents for children’s cases, and failed to attend case review meetings.
There are 109 local boards that determine foster cases; these boards rely on the Administrative Office of the Courts (AOC) to relay information from DCS. The auditor general found that DCS consistently failed to provide case documents to the AOC through their automated application, Guardian. The auditor general found that the poor DCS performance not only hindered children’s cases, but diminished trust from the AOC and the local boards.
“[T]he automated information exchange not providing some information to AOC on behalf of local boards has negatively impacted AOC’s and local boards’ trust and confidence in the Department and the Department’s reputation,” stated Perry. “As a result, AOC staff reported that they and local boards may assume that the Department has withheld information that should have been provided, which has negatively impacted AOC’s and local boards’ trust in and working relationship with the Department.”
Local boards require three necessary documents: the court report, which DCS develops for hearings; the case plan, in which DCS outlines the goals and tasks necessary to ensure a child achieves permanency; and the Team Decision Making (TDM) meeting summary, in which DCS summarizes decisions made during meetings about a child’s safety, stability, and permanency.
The auditor general report found that all 13 samples of 124 case reviews conducted by local boards on June 28, 2022, and July 6, 2022 failed to include a complete version of those three necessary documents. That came out to 31 of 39 case documents provided incompletely or not provided at all.
According to the report, AOC staff and local board volunteers experienced difficulty in conducting reviews due to the lack of information about children’s cases.
Part of the information exchange failure resulted from AOC staff failing to submit valid document requests. That mistake resulted in 15 of the 31 missing case documents. The auditor general also found that DCS caseworkers failed to store complete case documents in Guardian in 10 of the 31 faulty or missing case documents. This latter mistake by DCS accounted for some of the AOC staff members’ faulty document requests: AOC failed to obtain the necessary documents because DCS failed to upload into the system.
The auditor general noted that DCS policy doesn’t advise superiors on proper punitive measures.
4 of the 31 missing case documents were due to DCS determining they weren’t necessary and therefore weren’t stored in Guardian — a circumstance which DCS doesn’t communicate to AOC. The remaining 2 missing or inaccessible documents were due to a software issue and a limitation on legal document access, respectively.
The state legislature passed changes to the law through HB2213 requiring DCS to provide AOC direct, remote access to Guardian in addition to any DCS information necessary for local board duties.
DCS attempted to dismiss the significance of their shortcomings in information exchange via Guardian, advising the auditor general that AOC staff may request case documents via other means, such as when emailing reminders to caseworkers about local board reviews, or accessing the Maricopa County Superior Court IT system. However, the auditor general dismissed these alternatives as time-consuming.
“[O]btaining case documents from these alternative sources may require both AOC and Department staff to spend additional and potentially unnecessary time that could be otherwise spent on other mission critical activities,” stated Perry.
Perry advised that DCS should provide all necessary case documents, hold monthly supervision meetings with caseworks to ensure document compliance, revise and implement policies and procedures to require caseworkers to store court reports in Guardian by verification of supervisors, implement guidance for supervisors to handle non-compliant caseworkers, and solicit continued feedback from AOC on their information exchange. DCS agreed to implement the proposed changes.
The auditor general also found that 18 percent of caseworkers on a sample of days failed to follow policy requiring either attendance or having their supervisor attend local board case reviews, and notify AOC if attendance isn’t possible. In two of the 124 case reviews observed in which the caseworker failed to show or provide a case update, the auditor general noted that the local board was unable to determine the status of a child who’d been hospitalized for abuse and a child plagued by mental health and self-harm issues.
The auditor general recommended that DCS ensure caseworkers comply with policy requirements on case review attendance, revise and implement policy to provide case updates, and work with AOC to determine information for updates when caseworkers can’t attend.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
by Daniel Stefanski | Mar 4, 2023 | News
By Daniel Stefanski |
A powerful Senate Committee Chairman is encouraging Arizona’s Democrat Governor to show some urgency when it comes to re-nominating an individual to lead the Department of Child Safety (DCS), and he may have a solution as her office considers its next move in the matter.
On Thursday, Senator Jake Hoffman, Chairman of the Committee on Director Nominations, sent a letter to Governor Katie Hobbs, transmitting a letter his panel had received “from a coalition of frontline child welfare advocates and providers ‘respectfully requesting consideration for the reinstatement of former DCS Director Mike Faust.’” Senator Hoffman echoed “the pleadings of these dedicated child welfare professionals” in his own letter to the governor.
The letter that the Committee on Director Nominations had received was from a group of 21 individuals, representing licensed Group Home providers, bringing “well over 200 years of child welfare experience in Arizona.” The coalition wrote that “we share a mutual and tremendous respect for the past performance of former Director Faust and appreciate his rigor in holding all our agencies accountable when needed.” They praised Faust’s character, stating, “He is a man of his word and his transparency allowed for effective planning. Although his decisions were not always universally embraced, he could be trusted and he is a man of high moral character and integrity.”
It appears the Governor’s Office received the letter as well.
The coalition requested that the governor consider reinstating Faust to his past position of DCS Director.
Hoffman wrote in his accompanying letter to the governor that he believed “the coalition’s request to be a wise and prudent course of action” for Arizona. He also revealed that he had recently touched base with Faust “about his willingness to serve in this important role once again,” and that the former DCS Director “would be willing to discuss with (Hobbs) the possibility of his returning to lead the agency.”
The Director Nominations Chairman promised a “swift confirmation process should Mr. Faust be nominated to return in his role as the agency’s Director.”
All sides have admitted the importance of this agency and installing a competent individual who will do the work required on behalf of Arizona’s most vulnerable children. After Hobbs’ initial appointee, Matthew Stewart, was forced out of the nomination process by her office, she stated that DCS “has a critical mission protecting Arizona’s most vulnerable population, our children.” Chairman Hoffman wrote in his letter that “there are few executive agencies in Arizona as important as the Department of Child Safety.” And the coalition writing to Governor Hobbs asserted that “leading an agency of nearly 3,000 employees charged to protect and serve over 10,000 children is a daunting task that requires a unique and dedicated leader.”
The ball is now in the Governor’s Office when it comes to taking action on a vacant nomination for DCS Director as vulnerable Arizona children await direction and leadership from the state agency tasked with protecting their interests.
Hoffman’s committee, which was commissioned by Senate President Warren Petersen, has so far held two meetings to consider four of Governor Hobbs’ nominees for key positions in state agencies. The Committee on Director Nominations voted to recommend two of the individuals it has vetted, voted against recommending another, and held the fourth for future considerations. Governor Hobbs has been slow to transmit her nominations to the Arizona Senate for consent as is her constitutional obligation. The failed nomination last month of Matthew Stewart for DCS Director occurred independently of the committee process.
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
by Daniel Stefanski | Feb 24, 2023 | News
By Daniel Stefanski |
Democrat Governor Katie Hobbs has had a rocky start to her tenure as Arizona’s newest chief executive, and her personnel decisions and lack of transparency with legislators continue to backfire and frustrate her policy objectives.
Late Wednesday night, news broke that Governor Hobbs’ nomination for the Director of the Arizona Department of Child Safety, Matthew Stewart, was asked to resign. Stewart’s selection to this position was announced by then-Governor-elect Hobbs on December 27, in a press release. Hobbs issued a quote with Stewart’s (and others) introductions, saying, “These are some of the best minds Arizona has to offer, and I am proud that they have chosen to serve the people of Arizona by my side.”
As of this week, though, Stewart will no longer be serving by Hobbs’ side. In a press release, Senator Jake Hoffman, the Chairman of the Committee on Director Nominations, unveiled his understanding of the reasons behind Stewart’s dismissal, including that Stewart “received a letter of reprimand for ‘insubordination and unauthorized absence’ while serving as a DCS Training Operations Supervisor in 2020.”
Hoffman also revealed that Stewart “has also made some questionable moves on consulting contracts,” and had recently “fired non-appointed, openly-gay employees of DCS, who have now filed complaints against him.” This last assertion, Hoffman wrote, “prompted the forced resignation.”
The Director Nominations Chairman did not mince words about the sudden turn of events with Hobbs’ failed DCS nominee, writing, “It is disgraceful that Katie Hobbs either did not conduct a thorough review of Mr. Stewart prior to offering him the position as DCS Director, or she thought she could sweep his history under the rug.” He also touted the value of his committee, saying, “This unfortunate series of events proves precisely why the Senate Confirmation process is so vitally important for the people of Arizona….it seems clear that Hobbs is not conducting her own vetting process, so my colleagues and I will continue to serve as the necessary and constitutional check and balance on the Executive Branch that the citizens of our great state need and deserve.”
Several of Senator Hoffman’s colleagues agreed with his thoughts on this embarrassing episode for the Hobbs’ administration. Senator Anthony Kern tweeted, “Mirroring the disaster of the Biden Administration; Katie Hobbs isn’t nominating appointees because they are qualified to lead our state.”
Senator Justine Wadsack responded, “It’s a good thing the AZ Senate is vetting Hobbs’ Director nominees. Her choice for DCS Director was so bad, she forced him to resign! But she should never have appointed him in the first place! The AZ Senate is taking these Directors seriously, protecting the people of Arizona.”
Governor Hobbs addressed the Stewart news on Thursday, stating, “The Department of Child Safety has a critical mission protecting Arizona’s most vulnerable population, our children. As a social worker, I take the leadership of this agency very seriously, and while I thank Matthew Stewart for his work with the agency over the last month and a half, he will not be moving forward in the cabinet appointment process. Cabinet members serve at the pleasure of the Governor, and this is a decision that was made for the best interests of all parties involved.”
Legislative Democrats didn’t have much to say on this latest debacle for Governor Hobbs. The Arizona Senate Democrats Caucus quote-tweeted Senator Hoffman’s press release, saying, “REMINDER: It’s never too late to take us up on our suggestion of a longwinded email sent to the 9th floor…”
Since President Petersen commissioned the Committee on Director Nominations, it has held two meetings, considering four of Governor Hobbs’ nominees to lead state agencies. The panel has voted to recommend two of those individuals, opposed one (who was later rejected by the Senate), and held another one for future vetting. According to Senate sources, Hobbs’ office has only transmitted eleven of her nominees to the state legislature as is her constitutional obligation.
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
by Corinne Murdock | Jan 14, 2023 | News
By Corinne Murdock |
The newly appointed head of the Arizona Department of Child Safety (DCS) wants to make child services interventions equitable.
Governor Katie Hobbs appointed Matthew Stewart last month following a ProPublica-NBC News report in December alleging that racial disparities plagued the DCS. The report featured Stewart as evidence of the alleged disparity issue.
According to the investigative report, DCS investigations increased for Black families while overall DCS investigations went down
Stewart worked at DCS for over a decade, first as a case manager then training supervisor. Stewart told reporters that he’d discovered the alleged racial disparity in 2018, but didn’t leave the agency for another two years. Afterwards, Stewart founded a nonprofit advocating for keeping families together, Our Sister Our Brother (OSOB). Their website ceased being public around the time of Stewart’s appointment. (An archive of the latest version of the website is available here). According to Stewart’s LinkedIn page, he no longer serves as the CEO of OSOB.
Just over a week before Hobbs appointed Stewart, his advocacy organization declared that the state needed to end interventions. In the hashtags, OSOB included references to “anti-racism education,” “anti-racism,” “racial justice,” “social justice advocacy,” “anti-racist,” and “diversity, equity, inclusion.”
“We need to move away from interventions. Communities need resources that are proactive rather than reactive,” stated OSOB.
The OSOB website, prior to being taken down, declared its “heightened focus” as undoing the “overrepresentation” of Black children in foster care. OSOB cited from nonprofit and DCS data that five percent of Arizona children are Black, yet they represent about 17 percent of the foster care population. Researchers estimated that approximately 63 percent of Black children will undergo a DCS investigation before they turn 18.
In his interview with ProPublica-NBC News, Stewart said that DCS should focus more on solving “generational poverty and the resulting trauma” that was “centuries in the making.” Stewart expressed doubt that DCS could have a positive effect on lower-income Black families.
“I simply don’t think DCS is the agency to do this,” he stated.
Stewart said that DCS was part of a negative cultural fixation on Black families.
“We have a culture that says Black families need to be watched and if we don’t agree with the things that are going on with them, we are the saviors of these children and are charged with punishing their parents,” stated Stewart.
Stewart’s father, Warren Stewart, founded the oldest Black Baptist church in the Valley and instigated the state’s approval of Martin Luther King Jr. Day as an official state holiday.
The state created DCS in 2014 following systemic failures within Child Protective Services (CPS). In 2013, Hobbs, at the time a state senator and social worker, signaled support for prioritizing preventative measures rather than interventions. She said that CPS lacked employee support and infrastructure: namely, more funding to assist families that would prevent them from entering the system. Hobbs portrayed it as a cost-saving measure.
“We need to do so much more on the front end to help families on the front end who are struggling to stay out of the CPS system. What we could invest on that end is so much less than we would spend on the back end once people are in the system,” said Hobbs.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
