Stein et al vs. Depke et al

Case Background

On March 11, 2020, Plaintiff Justin Stein, Jacqueline Stein, Debra L Greene, Grace E Reid, and Kelly S Graft filed a Child Welfare lawsuit in the Arizona State, District  Court of Tucson Division (Case number: 4:20cv102). Judge John C Hinderaker presided over the case.

Cause

The plaintiffs—Justin and Jacqueline Stein, Debra Greene, and Grace Reid—experienced traumatic incidents involving the wrongful removal of their children by the Arizona Department of Child Safety (AZDCS). These events revealed systemic failures and alleged misconduct within the agency.

Justin and Jacqueline Stein’s Case:

Background: The Steins are parents of C.O.S., a child born on October 18, 2010, diagnosed with autism. C.O.S. exhibited aggressive, non-verbal behaviors. Despite their efforts to provide a supportive environment, the situation escalated in October 2019 when C.O.S. attacked his father while driving. Concerned for their family’s safety, the Steins sought immediate psychiatric help for their son.

AZDCS Involvement: The Steins contacted the Crisis Response Center (CRC) after failing to reach their regular support coordinators. CRC advised them to seek help from AZDCS. After calling the AZDCS hotline, DCS Specialist Alyssa Depke visited them. Depke insisted AZDCS could only intervene if the Steins admitted to neglecting their child. Jacqueline Stein expressed her reluctance to have C.O.S. removed under these terms. Depke, along with Supervisor Lyssa Fregoso, handed them a Temporary Custody Notice. Although the Steins qualified for a Voluntary Safety Plan (VSP) under A.R.S. §8-806, AZDCS concealed this option and wrongfully removed C.O.S.

Debra Greene’s Case:

Background: Debra Greene adopted K.C.G. and his two siblings in 2018. The children had a history of severe trauma, including sexual abuse by their biological parents. Despite Greene’s best efforts, K.C.G. began exhibiting dangerous behaviors, especially toward his siblings. Greene sought help after a CRC visit recommended urgent psychosexual and psychiatric evaluations for K.C.G.

AZDCS Involvement: AZDCS investigators Gerardo Fernandez and Amanda Downing arrived at Greene’s home and were hostile. Greene requested voluntary placement to secure necessary evaluations for K.C.G., but the investigators dismissed her concerns. They accused her of neglect and forcibly removed her son. Like the Steins, Greene was not informed of her eligibility for a VSP. Instead, AZDCS subjected her to a dependency action based on fabricated claims.

Grace Reid’s Case:

Background: Grace Reid, also known as Grace Pelzel, is the mother of L.S.G., born on August 3, 2007. L.S.G. was diagnosed with ADHD, Oppositional Defiant Disorder (ODD), and Disruptive Mood Dysregulation Disorder (DMDD). As L.S.G.’s behaviors became increasingly unmanageable and dangerous to his siblings, Reid sought help from AZDCS. A counselor advised her to request a VSP to temporarily separate L.S.G. from his siblings while he received necessary psychiatric care.

AZDCS Involvement: AZDCS assigned Child Safety Investigator James Hanson to the case. Hanson initially set up a 90-day VSP. When Reid sought to extend the VSP for continued care, Hanson falsely informed her that a second VSP was not possible. He said the only option was to file a dependency petition. Left with no alternative, Reid agreed, leading to the removal of L.S.G. under false abandonment allegations. AZDCS employees, including Hanson, fabricated evidence and withheld information. This led to an unjust dependency petition and prolonged separation of L.S.G. from his family.

Injuries

The plaintiffs—Justin and Jacqueline Stein, Debra Greene, and Grace Reid—suffered significant emotional, psychological, and financial harm due to the wrongful actions of AZDCS which were shown in the Child Welfare Lawsuit.

Justin and Jacqueline Stein: The wrongful removal of their son, C.O.S., caused deep emotional trauma. Placed in an unstable foster environment, C.O.S.’s condition worsened. The Steins endured public humiliation and the stigma of being falsely accused of neglect while they struggled to regain custody.

Debra Greene: AZDCS wrongfully removed Greene’s son, K.C.G., causing immense psychological distress. This disrupted his life and endangered his siblings, whom she had to relocate for safety. The drawn-out legal battle and delay in obtaining psychiatric care for K.C.G. compounded Greene’s emotional strain. She managed the complex needs of her children while fighting false accusations of neglect.

Grace Reid: Reid experienced profound emotional harm from the wrongful removal of her son, L.S.G. False accusations of abandonment and the disruption in L.S.G.’s life caused significant stress and anxiety. Reid also faced financial hardship from the legal costs of contesting the baseless dependency petition. The separation from her son, who was moved between group homes and deprived of stable care, intensified the trauma for both Reid and L.S.G., leaving lasting emotional scars.

Damages

The plaintiffs incurred substantial damages, including legal fees, emotional distress, and the loss of reputation and parental rights. AZDCS’s wrongful actions caused the unnecessary and traumatic separation of families. This led to long-lasting psychological harm for both the children and their parents. The plaintiffs also faced public humiliation and a significant loss of self-esteem. Disruptions in the children’s lives, including changes in living arrangements and schooling, further compounded the damages.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s):Justin Stein, personal representative of minor | Jacqueline Stein | Debra L Greene | Grace E Reid | Kelly S Graft
    • Counsel for Plaintiff: Michael Garth Moore| Joseph P. St. Louis |  Mark E. Evans | Lawrence J Wulkan | Alexis J Eisa | Jennifer Allen
  • Defendant(s):Lyssa A Fregoso ,Arizona Department of Child Safety |Valarie Brown, Arizona Department of Child Safety | Pauline Machiche, Program Administrator, Arizona Department of Child Safety | Mike Faust, Director, Arizona Department of Child Safety | Rebecca Bustamante, Arizona Department of Child Safety
    • Counsel for Defendants: Michael J. Rusing| Patricia V. Waterkotte | Paige E. Scalf | Mark D Lammers 

Claims

The plaintiffs—Justin and Jacqueline Stein, Debra Greene, and Grace Reid—asserted several legal claims against AZDCS and its employees in a Child Welfare Lawsuit. They alleged violations of their constitutional rights due to the wrongful removal of their children.

  1. Unconstitutional Seizures: The plaintiffs argued AZDCS unlawfully removed their children without court orders or imminent danger. This violated their rights to bodily integrity, privacy, and familial association under the First, Fourth, Fifth, and Fourteenth Amendments.
  2. Violation of Familial Association and Due Process: AZDCS concealed the option for a Voluntary Safety Plan (VSP) and fabricated evidence. These actions disrupted the plaintiffs’ lives and violated their rights to familial association and due process.
  3. Judicial Deception: The plaintiffs alleged AZDCS employees engaged in judicial deception by falsifying and omitting key information in reports. This led to unjust dependency petitions and wrongful child removals.
  4. Failure to Train and Supervise: The plaintiffs claimed AZDCS failed to properly train and supervise its employees. This failure resulted in a pattern of unconstitutional actions and violations of parental rights, particularly regarding the VSP process.
  5. Civil Conspiracy: In Debra Greene’s case, the plaintiffs asserted AZDCS employees conspired to conceal the unconstitutional removal of her son, K.C.G. They fabricated evidence and obstructed necessary medical evaluations, prolonging the wrongful separation.
  6. Request for Declaratory and Injunctive Relief: The plaintiffs sought court intervention to prevent future unconstitutional removals. They requested the court declare AZDCS’s current practices unconstitutional. They also asked for the implementation of new policies and training to ensure compliance with constitutional protections.

Defense

The defendants responded to the plaintiffs’ Child Welfare Lawsuit by denying most allegations. They admitted some basic facts but denied wrongdoing. The defendants asserted that the court had already dismissed many claims and parties. For the remaining claims, the defendants denied violating the plaintiffs’ constitutional rights or engaging in judicial deception. They stated their actions were lawful and in accordance with policy. The defendants raised several affirmative defenses, including the statute of limitations, failure to state a claim, qualified immunity, and lack of causation. They argued that other parties or the plaintiffs’ actions caused any damages. The defendants preserved their right to raise additional defenses as discovery proceeded.

Jury Verdict

On May 3, 2024, the jury found that Lyssa Fregoso violated the federal civil rights of Jacqueline Stein, Justin Stein, and Corran Stein by committing judicial deception. The jury awarded compensatory damages of $184,800 to Jacqueline Stein, $312,000 to Justin Stein, and $604,500 to Corran Stein. They also imposed punitive damages of $33,333 to Jacqueline Stein, $33,333 to Justin Stein, and $33,334 to Corran Stein. In total, the jury determined that Lyssa Fregoso should pay $1,101,300 in compensatory damages and $100,000 in punitive damages across all three plaintiffs in a Child Welfare Lawsuit.

Court Documents:

Available Upon Request