ABC15 Arizona recently interviewed Gallagher & Kennedy personal injury attorneys Ken Ralston and Eleanor Shaffer regarding a tragic incident involving the drowning of an infant in an Arizona foster home. The investigation raises important questions about supervision, accountability, and oversight within the Arizona Department of Child Safety (DCS).
Watch the full interview here:
"questions arise after baby drowns in bathtub at arizona foster home"
Authored by Melissa Blasius, ABC15.com, Senior Investigator | April 28, 2026
The biological parents of a baby who drowned in a Tucson foster home have filed a notice of claim against the Arizona Department of Child Safety and the licensed foster mom who cared for the child.
Vivian Mae Mariscal was eight months old when she died in a bathtub in September 2025.
“Vivian was left alone, unsupervised, in an unsafe situation,” said attorney Ken Ralston. He represents the girl's biological parents, Ashley Manley and Angelo Mariscal.
The notice of claim, a precursor to a lawsuit, alleges wrongful death and negligence against DCS and the foster mother who was caring for Vivian Mae. The biological parents are asking for $5 million in damages.
Ralston said,
The goal is to get DCS's attention. To make sure that they take the initiative to ensure that a child is in a safe, nourishing, loving environment where incidents like this can never happen.
According to police records, the foster mother's 17-year-old son called 911 on the night of the drowning.
“We are having a problem with a child not breathing,” the teen told the dispatcher.
The foster mother, licensed by the Department of Child Safety, attempted CPR on the child but could not revive her.
ABC15 is not naming the foster mother, who has not been criminally charged, in part to protect the identity of minor children in her home.
Tucson Police officers arrived and started asking questions.
...
“It's just tragic. And it really just shouldn't happen,” said Eleanor Shaffer, an attorney working with Ralston on Vivian’s case.
The lawyers said DCS took custody of Vivian Mae shortly after birth, and the couple had an older child already in foster care.
While reports show Manley had been using drugs during her pregnancies, the couple had visitation rights.
“They were fighting to get their daughter back,” Ralston said.
But the parents' hope of reunification was ruined; Vivian Mae was returned to them for burial.
“It's a trauma that's never going to leave this family,” Shaffer said.
After ABC15 reached out for comment, Vivian's foster mother sent a text saying, “We are deeply saddened by the situation and are still grieving.” She declined an on-camera interview.
DCS has 60 days from the date of the Notice of Claim to answer or settle. If the agency denies the claim or does not respond within the timeframe, Vivian Mae Mariscal's biological parents can file a lawsuit.
about our attorneyS
Ken Ralston is a seasoned litigator who handles complex, high-stakes cases involving catastrophic injury, wrongful death, commercial litigation, and fraud. Ken’s tireless dedication to his clients has resulted in numerous victories in the courtroom and favorable resolutions for his clients before trial. Ken’s clients have recovered millions of dollars as a result of his efforts.
Eleanor “Ellie” Shaffer is a plaintiff's attorney representing injured victims and their families in catastrophic injury and wrongful death cases, with a particular emphasis on injuries arising from motor vehicle accidents, defective products, medical malpractice, and premises liability. A fierce client advocate both in pre-litigation and during trial, Ellie has obtained millions of dollars in compensation for her clients.
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