Source: Homicide Survivors

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The mother of two small children who were killed two years ago has settled her lawsuit against the State of Arizona’s Child Protective Services for $1 million, her attorney says.

The lawsuit was settled in May, but finalized on Wednesday, said Jamie Hallam’s attorney, Jorge Franco Jr. of Phoenix.

Hallam filed the lawsuit against CPS and the Tucson Police Department in February in Maricopa County Superior Court.

The lawsuit contended that even though Hallam had been given sole custody of Ariana Payne, 4, and Tyler Payne, 5, CPS allowed their father, Christopher Payne, 30, to keep them. Payne, along with his girlfriend, Reina Gonzales, 24, are accused of killing the children and could face the death penalty if convicted.

Ariana's remains were found in a plastic storage tub on Feb. 18, 2007, after the manager of a self-storage business near East Prince Road and North First Avenue called police to report a foul odor. Tyler's remains never have been found, but police believe he is dead.

The lawsuit says that CPS officials never investigated Payne or Gonzales, or checked on the children's well-being. If they had, they would have discovered that Payne physically abused Gonzales and he had been arrested on a drug-paraphernalia charge while the children lived with him.

Although the state did not admit wrong-doing as part of the settlement, Franco noted the lawsuit was settled faster than is typical.

“The reality is it’s $1 million. It’s a significant settlement and no one pays that amount of money unless they fear a jury will find them at fault,” Franco said.

“On the one hand, the settlement was unexpected because I’ve never seen it happen where the state offers to pay (the amount you demand). Normally it’s a hard-fought battle. On the other hand, it’s not unexpected given the facts of the case,” Franco said.

Hallam is thinking about using a portion of the funds to continue her education, Franco said.

The portion of the lawsuit pertaining to the Tucson Police Department remains ongoing, Franco said.