REVIEW OF CPS' ROLE IS ESSENTIAL

A helpless infant was born last Oct. 30 in Phoenix to a prostitute whose
addiction to crack cocaine was stronger than any affection she felt for the
third child she gave birth to in three years.

After an extended stay in the hospital, made mandatory by the presence of
illicit drugs in her tiny body, Anndreah Robertson was released to the
custody of her drug-abusing grandmother, with whom her mother also lived.

It was a fatal decision. A hospital-ordered follow-up visit was never made,
and days later Anndreah died of a condition called necrotizing
enterocolitis. Caused by exposure to cocaine, the ailment destroyed
Anndreah's intestinal system within days of her first feeding.

Just over a week old, Anndreah never had a chance. She was the victim of a
criminally irresponsible mother and a system that failed to protect her.

While no state agency can be expected to guarantee every child's safety, a
minimum standard of competency and consistency must be demanded.

No one envies the task of caseworkers whose position forces them to make
life-and-death decisions on a daily basis. Many of those caseworkers are
exceptionally gifted and do the job for their love of children, not to get
ahead financially.

In this case, however, it seems common sense disappeared in a fog of
institutional inertia.

Some have suggested that Arizona law does not provide Child Protective
Services with clear enough authority to take action on behalf of infants
born with drugs in their system. They point to other states, such as
Illinois, with laws that explicitly define drug abuse during pregnancy as
neglect, allowing the state to take immediate custody of the child.

However, in this particular case, it's clear that the presence of drugs in
Anndreah's system, coupled with her mother's reported crack smoking in
front of the other children, provided CPS with sufficient legal authority
to place Anndreah in a safer environment away from her mother and
grandmother. Current Arizona statutes seem to be very clear, and to empower
CPS sufficiently.

While legislative action may turn out to be necessary, knee-jerk reactions
could potentially do more harm than good. Arizona law deliberately provides
CPS with important flexibility to determine whether action needs to be
taken to protect a child. A legislative laundry list of specific criteria
could undermine that flexibility and make CPS' work even more difficult.

I'm saddened that some would opportunistically blame Anndreah's tragedy on
a lack of resources. It's important for the public to know that since 1998,
the Legislature has increased the CPS budget by more than 13 percent to
nearly $60 million. In four years, the Legislature has authorized CPS to
hire an additional 170 full-time employees to improve service and protect
Arizona's children. CPS is better trained, staffed, and funded than at any
time in its history.

It's these investments and improvements that make Anndreah's case so
inexcusable. Clearly there looms a much larger problem that needs to be
addressed. I have requested an investigation by the state ombudsman's
office - the independent investigation arm of the Legislature. The review
will examine all parties and issues in the case, including systemic
problems at CPS.

Together with the Department of Economic Security recommendations, the
Legislature will have the insight it needs to develop any necessary changes.

Additionally, after the details of Anndreah's death became public, House
Speaker Jim Weiers, R-North Phoenix, authorized me to reconvene the
Children and Family Services Committee to examine Anndreah's case and
existing state law to determine whether legislative action is necessary.

Unfortunately, the committee's oversight is being hamstrung by its co-
chairwoman, state Sen. Mary Hartley, D-Phoenix, who refuses to authorize
the release of the family's case file. By not allowing the committee to
proceed, Hartley is preventing the Legislature from fulfilling its
constitutionally mandated oversight responsibility. She should do the right
thing and allow the investigation to proceed immediately.

Anndreah's case is a tragic reminder that our work to reform the system is
not complete. Although the primary responsibility will always be with
parents, as long as the public demands that state government provide a
safety net for children at risk of abuse or neglect, it is the
Legislature's responsibility to ensure that net is strong and secure.

It's time for CPS to look for ways to improve by opening up the process to
the light of day. Its culture of exclusiveness must be reformed to include
neighbors, community groups and law enforcement in the decision-making
process. Child abuse, and the lifestyles that accompany it, must be
considered a crime, not a condition.

It's my hope that this tragedy will be a catalyst for change within CPS,
our neighborhoods, and our homes. Perhaps, as others have said, Anndreah
will leave us a legacy larger than her death - about the importance of life.