CPS WORKER FILES FALSE DEATH THREAT

Lakeside, Arizona: On March 23, 2004, Danny William Fite received information from another White Mountain resident that CPS Child Protective Specialist Mariann Blain Nelson had improperly handled an investigation of alleged abuse or neglect. Mr. Fite had also had a similar unfounded report mishandled by Ms. Nelson and had been forced to have her decisions and findings in the case reversed by the Arizona Ombudsman/Citizen's Aide. Mr. Fite called the CPS office at about 6:50 p.m. hoping to leave a voice mail about his concerns of Nelson's mishandling of another case.

Ms. Nelson answered the phone. Mr. Fite identified himself then questioned Ms. Nelson if she knew the definition of abuse in the CPS manual. Ms. Nelson after some exchange hung up on Mr. Fite. Mr. Fite called back several times informing Ms. Nelson that a record was being kept of her abuses of authority and admonishing her to follow proper procedures. Ms. Nelson hung up on Mr. Fite each time.

The next morning after returning to the CPS office, Ms Nelson called the Navajo County Sheriff's Office. Ms. Nelson reported that duringthe third call the night before, Mr. Fite had threatened her life and called her vulgar names. Officer Sawyers and Officer Bradburn responded when dispatched to CPS office in reference to threats. Ms. Nelson then gave the officers a written statement claiming again that Mr. Fite had threatened her life and called her vulgar names.

The officer then met with Mr. Fite and his wife. Mr. and Mrs. Fite wrote statement about what Mr. Fite had said over the phone regarding concerns about Ms. Nelson following CPS policy and proper authoritygranted to CPS by Arizona Revised Statutes. Mr. Fite also provided a copy of a tape of the conversation in which Ms. Nelson claimed she had been threatened.

Officer Sawyers took the statements from both parties and then listened to the tape. Officer Sawyers found that the tape indicated that Mr. Fite at one point got angry with Ms. Nelson. The officer found that Mr. Fite had made no death threats or used any profanity on the recording. The case of reported death threats was closed due to lack of evidence.

It is unknown if the Navajo County Sheriff will file charges against Child Protective Specialist II Mariann Blain Nelson for filing a false report to law enforcement, or if the matter will be forwarded to the Navajo County Attorney for review for charges.

It is unknown at this point if Mariann Nelson's supervisors authorized Ms. Nelson to report this matter to the Navajo County Sheriff. CPS supervisor(s) were aware of the incidents. CPS Caseworker Nelson's supervisors are aware of the finding by Sheriff's Deputy Sawyer that the report by Nelson was unfounded. It is unknown if any action has been taken by these CPS supervisors where Child Protective Specialist Nelson's reliability might come into question in filing official reports or testifying in court proceedings regarding children and families.

Officers often cite citizens under investigation for criminal charges or traffic matters who give a false name or date of birth with FalseInformation to an Officer.

This is Arizona law regarding giving false information to an officer.

A.R.S. Arizona Revised Statues.

13-2907.01. False reporting to law enforcement agencies; classification

A. It is unlawful for a person to knowingly make to a law enforcement agency of either this state or a political subdivision of this state a false, fraudulent or unfounded report or statement or to knowingly misrepresent a fact for the purpose of interfering with the orderly operation of a law enforcement agency or misleading a peace officer.

B. Violation of this section is a class 1 misdemeanor.

Child Protective Specialist Ms. Nelson was contacted by phone to provide her an opportunity to comment. She declined to comment and referred The Navajo County Star back to state information officials.

It is unclear why Ms. Nelson is deferring to the state the officials is unknown. Ms. Nelson appears to be invoking official CPS protections for an issue of possible personal responsibility.

The Navajo County Star made contact with a person claiming to be Ms. Nelson's Supervisor and was referred to Elizabeth Barker the Communications Director for the Arizona Department of Economic Security.

Ms. Barker was very professional and answered our questions about the State of Arizona's position on important issue of this nature. In her email she states "If the Department, whether through its own internal investigation or through information received as the result of a law enforcement investigation, obtains proof that an employee violated those standards, this is cause for discipline up to an including dismissal of the employee, depending on the nature and severity of the offense". The complete unedited email from Ms. Barker is published in the hard copy and web issues.

We will follow-up on this story at a later date.

* * * * * This article first appeared on: http://www.starofnc.com/