4 more years: Arizona lawmakers recommend short lifespan for child welfare agency

When the Department of Child Safety was created a decade ago, lawmakers gave it a 10-year lifeline.

On Wednesday, they recommended it continue for only four more years, a statement of dissatisfaction with the child welfare agency's performance. Typically, agencies are continued for eight years after legislative review.

Some of the critique was driven by the Arizona Auditor General's reviews, which examine policies and procedures. But others were based on anecdotal accounts lawmakers heard from constituents — often cases dating back years — when previous administrations were in place.

DCS is responsible for investigating allegations of child abuse and neglect lodged against parents, guardians or caregivers.

State law gives its staffers the authority to remove a child from their home, with approval from county juvenile courts. The agency also is tasked with providing services to help families reunite. If that's determined unsafe, the agency is responsible for finding a forever home for the child, whether with family members or through adoption.

Director on the hot seat

Rep. Barbara Parker, R-Mesa, condemned the agency for a litany of errors. She chastised David Lujan, who heads the agency, for being unable to answer several questions about the agency's policies.

Lujan joined the agency nine months ago as an appointee of Democratic Gov. Katie Hobbs. He was the fourth DCS director in 2023, as the agency dealt with a transition in the governor's office and the withdrawal of Hobbs' first nominee after pressure from the Senate committee created to vet Hobbs' agency candidates.

Wednesday, several lawmakers said they owe Lujan some grace.

"I have to acknowledge that Mr. Lujan is new on the job," said Sen. T.J. Shope, who co-chaired the review committee. "Many of these issues are not of his doing."

Rep. Matt Gress made the same point and said there are better ways to keep tabs on the agency than limiting it to just two years, a short time frame that would put it under near-constant audits.

How to get accountability

The Legislature has "significant leverage," Gress, R-Phoenix, said. Not only can lawmakers bring agency officials in to testify, but they can also assert control by attaching reporting requirements to budget allocations, he said.

Gress, who previously served as Gov. Doug Ducey's budget director, noted that the agency has made positive strides since it was created from the former Child Protective Services division. For example, the number of children in state care dropped just below 10,000 last year, the lowest number in 15 years.

A backlog of open reports was wiped out, and entries into foster care dropped from 1,200 a month several years ago down to 500, Gress said.

The panel voted 12-2 for the four-year extension, with Parker and Sen. Justine Wadsack, R-Tucson, voting no.

The recommendation now goes to the full House and Senate, which will vote on the agency's continuation in the coming weeks.

Without a continuation, the agency would cease to exist, or "sunset," by July 2024.

Late, incomplete reports

The audit that formed the basis for the sunset review faulted DCS for not having consistent and timely reports to the juvenile courts. Those reports often lacked sufficient information to help judges fully grasp a child's case. It also documented cases where DCS failed to ensure its contractors met agency requirements.

Lawmakers were particularly shocked to learn from another audit that DCS in 2023 stopped investigating complaints of abuse and neglect against group home and shelter employees because those workers did not meet the law's definition of a caregiver. Instead, DCS said it would refer such allegations to police agencies.

Audit faults AZ child welfare agency: lax foster-care oversight, late court reports

That same audit found DCS was slow to investigate group home complaints and to take enforcement actions when warranted.

Lujan said he couldn't comment if the agency, prior to his arrival, had a "culture" of not investigating group homes.

"If there was such a culture in the past, we will not be afraid to shut down a group home," he said.

He added Shope will introduce a bill to give the agency the authority to investigate group home staffers alleged to have abused or neglected children in their care.

In both audits, DCS agreed with the findings and said it would comply with the Auditor General's recommendations. The auditors will check back in six months on DCS' progress and report to lawmakers.

Running off-topic

At times, the 5 1/2-hour hearing veered from the audit findings and wandered into a wide-ranging exploration of how DCS operates. Half of the lawmakers who were present are in their first term.

Lawmakers wanted to understand how the agency defines "neglect" and "abuse." They inquired how the agency's diversity, equity and inclusion policies apply. They wanted to know what kind of recourse parents have if it is ultimately decided a child should not have been removed from parents' homes.

Parker accused the agency of breaking the law and criminality, a charge Lujan refuted after the hearing.

"That's absolutely false," he said. "Every employee who works at DCS is dedicated to child safety and child well-being. They understand the trauma that comes with removing children from their homes. There is no criminality happening on the part of our staff. If there was, they wouldn't be with us anymore."

Lujan said the agency's most immediate focus is reducing the group home population. That number stood at 1,188 children in October, the most recent month with available data.

The hearing came almost 10 years after then-Gov. Jan Brewer announced she wanted to create a new state agency to focus on child welfare issues, leading to the creation of DCS. Until that time, those duties were part of the agenda for the state Department of Economic Security, a large agency that handles everything from unemployment insurance to welfare payments.

Reach the reporter at maryjo.pitzl@arizonarepublic.com or at 602-228-7566 and follow her on Threads as well as on X, the platform formerly known as Twitter @maryjpitzl.

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This article originally appeared on Arizona Republic: Unhappy lawmakers recommend a 4-year continuation for Arizona DCS