PHOENIX — Thousands of children are in Arizona's child welfare system, and beyond the costs to care for those kids, taxpayers are footing another bill: tens of millions of dollars in lawsuit settlements.
The ABC15 Investigators went through years of settlement and judgment records. Since 2016, state records show DCS has paid out more than $30 million to settle lawsuits involving children.
In most of these cases, the state admits no wrongdoing, but they're still writing checks.
Major settlements highlight issues
Last year, the state wrote a $750,000 check to the family of Brooke Scianna after her mother, Christine, sued DCS.
"There's no amount of money that would fix what they did to her," Christine Scianna said in an interview last year with ABC15.
Brooke lives with severe non-verbal autism. The lawsuit alleges she was wrongfully removed from her home in 2018 and claims she was abused in the group home where DCS placed her.
"They took a very vulnerable, autistic child away from her mother, who was her window to the world," said DeeAn Gillespie, an attorney who represents the family in a previous interview.
"I know this is still happening to families, and I know other families are going through this, and I think the only way that it can change is to make it public," Scianna said.
The largest payout came in 2021: $6.8 million to an undisclosed minor allegedly shaken, causing permanent injury and lifelong disabilities.
Records also show DCS paid $50,000 to the family of 18-year-old T'revonsay Sales, who was shot and killed while living at a Phoenix group home in 2022.
"The whole system is failing, and someone's got to see that," a former staff member said at the time in an interview with ABC15.
On average, records show it takes four years for the state to settle claims. The most common allegation is wrongful removal of a child — something attorney DeeAn Gillespie said she has sued over countless times.
"I'm baffled why our tax dollars, part of the billion-dollar annual budget of DCS, are being used to cause harm," Gillespie said in a previous interview with ABC15.
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Agency’s response
DCS said in a statement, “It’s important to note that litigation is a common occurrence across all high-risk, high-responsibility sectors, particularly those involving law enforcement, healthcare, and child welfare.”
The agency said these settlements do not reflect the overall quality or integrity of DCS’s work. DCS also said the decisions to settle are made to avoid lengthy and costly litigation that can divert resources away from serving Arizona’s children and families.
Recent murders of three children known to DCS
For years, the ABC15 Investigators have exposed problems inside Arizona's child welfare system. Even lawmakers admit something's broken.
"We have these awful incidents, and you know, we're missing something somewhere along the road here," said Senator Carine Werner (R-District 4).
In an interview last month, Arizona Department of Child Safety Director Kathryn Ptak said her agency is responding after the recent murders of three kids: 10-year-old Rebekah Baptiste, 14-year-old Emily Pike and 16-year-old Zariah Dodd.
Emily Pike’s dad has filed a lawsuit against an East Valley Group home, alleging negligence, but no suit has yet been filed against the state.
No lawsuits have been formally filed in Pike's or Dodd's cases, but both are still being investigated.
Read DCS’s full statement below:
“The Arizona Department of Child Safety (DCS) is committed to protecting children, supporting families, and operating with transparency and accountability.
Regarding the amount of money, the Department has paid in settlements or judgments since 2016, it’s important to note that litigation is a common occurrence across all high-risk, high-responsibility sectors, particularly those involving law enforcement, healthcare, and child welfare. Agencies charged with protecting vulnerable populations often face complex and sensitive situations that can lead to legal challenges.
These settlements do not reflect the overall quality or integrity of DCS’s work. In many cases, decisions to settle are made to avoid lengthy and costly litigation that can divert resources away from serving Arizona’s children and families. Since 2016, approximately 87,000 children have found permanency through family reunification, guardianship, and adoption. The Department is steadfast in continuing to serve this important mission.”
