WWW. ANANEWS.COM
OC TOBER 2008
Legislature improves public access to CPS records By David J. Bodney and Chris Moeser The public now has unprecedented access to Child Protective Services records involving child fatalities or serious injuries under a package of reforms approved in June by the Arizona Legislature. The measures, which took effect on September 26, were sponsored by Reps. Jonathan Paton, R-Tucson, and Kirk Adams, RMesa, and were supported by the Arizona Newspapers Association and Phoenix Newspapers, Inc. The laws are designed to open CPS actions to public scrutiny by making it easier for the press and public to inspect records concerning cases of severe child abuse. The keystone measure allows CPS to release records regarding cases of child abuse and neglect that result in fatalities or near-fatalities upon request. The old law required the press and public to petition a superior court judge to order disclosure of these records – a costly process that often took months. The measure clarifies that CPS records are public records subject to the Arizona Public Records Law and that CPS has a duty to provide CPS records “promptly” upon request. The new law also requires disclosure of the records unless CPS or prosecutors demonstrate that disclosure “would cause a specific, material harm to a criminal investigation.” The law preserves existing protections for privacy and confidentiality mandated by federal regulations. A second new law makes
Adams and Paton holding up their 2008 ANA FOI awards for their legislative breakthrough in opening CPS records. (Photo: Alec Pearce/White Mountain Independent)
clear that disciplinary records of all public employees are public records subject to inspection under the Arizona Public Records Law. Paton and Adams proposed the change after CPS refused to disclose disciplinary records of a CPS employee accused of wrongdoing. The measure was approved with the support of the American Federation of State, County and Municipal Workers. A third change adopts the recommendations of a pilot program that required open court proceedings in many cases involving children. The new law requires that court proceedings regarding dependent children, permanent guardianships and termination of parental rights be open to the public, with significant protections for privacy on a case-by-case basis. The changes arose from legislative hearings held in late 2007 by Paton and Adams concerning the deaths of Brandon Williams and Tyler and Ariana Payne, three
Tucson children who died after significant contact with CPS. Paton and Adams were unable to review some of the records in the cases until The Arizona Republic and Arizona Daily Star sued and obtained a ruling ordering CPS to disclose the records. Paton said the increased openness would lead to additional reforms for the agency. “Altogether, what we tried to do was leverage the public’s right to know in order to reform a system that was fundamentally broken,” Paton said. “We had no idea what was wrong with CPS until we sued to get those records opened up. When we were able to get them, those records told the story of what was wrong with the agency.” David Bodney and Chris Moeser of Steptoe & Johnson LLP worked on passage of the CPS legislative package for Phoenix Newspapers, Inc., which publishes The Arizona Republic.