Questions arise after baby drowns in bathtub at Arizona foster home

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.

“The goal is to get DCS’s attention,” Ralston said. “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.

The foster mother told officers she left Vivian Mae and a 2-year-old daughter in the living room. She said she went to the bathroom in her own bedroom for a few minutes.

Police body cameras recorded their conversation:

Officer: Who put the daughter in the bathtub?

Foster Mom: She put herself in the bathtub.

Officer: The truth? She did?

Foster mom: Yeah, and then she took the baby and put the baby in the bathtub.

Officer: The two-year-old did?

Foster mom: Yeah.

The foster mother said she heard water running in the kids’ bathroom when she returned to the living room.

The recorded conversation continued:

Foster mom: I went directly to the bathroom. The baby was purple.

Officer: Did you turn the water on? Or did the toddler?

Foster Mom: The toddler.

But the woman’s 17-year-old son offered a conflicting account.

“My mom said, ‘Put the sisters in the bathtub,’ so I put them in the bathtub,” the teen told police on the night of the drowning.

The teen also worried about what would happen to his mom.

“I don’t want her to go to jail tonight,” the teen said.

Days later, in a follow-up interview, a Tucson Police detective expressed concern about changing stories.

“When things don’t line up and we’re getting different stories, then it makes it look like something’s off,” Detective Meghan Johnson told the foster mother.

“I have nothing to hide,” the foster mother replied. “I’m very sad, obviously, about the situation.”

Tucson Police said they made no arrests. Prosecutors reviewed the case and declined to file charges.

The medical examiner ruled the drowning was an accident.

DCS also opened a case. In a recorded interview obtained by ABC15, the DCS investigator expressed concern that neglect occurred.

“Either way, the girls were not supervised in the bathtub, and they should have been,” the DCS investigator said. “As tragic as it is — and I am so sorry for your loss — it’s still neglect,” the DCS investigator said on the recording.

“I’ve had multiple kids through my house. I’ve not had any issues,” the foster mother said in the interview.

“There’s nothing I could have done differently in that scenario, you know, I obviously have to go to the bathroom,” she added.

The outcome of the DCS investigation is unclear. Sometimes it takes more than a year for the agency to release a report about a child fatality. By law, the findings can’t be released publicly unless it is determined that a child died because of abuse, abandonment or neglect.

“Our hearts go out to the child’s loved ones and all those affected by this tragic event,” a DCS spokesperson told ABC15 in an email. “We are committed to fully understanding the circumstances surrounding this tragedy and are assisting law enforcement in their investigation.
“No matter how you slice the facts, one thing is clear: She was left alone without adult supervision in the bath in about six inches of water,” Ralston said.

The parents’ notice of claim alleges wrongful death and negligence, saying, “In Arizona, foster parents have a duty to provide safe care to a foster child, including monitoring children while in bathtubs.”

The claim points out that drowning is the leading cause of death for Arizona children under 5, adding, “DCS should have ensured that all foster parents with children under 5 in their home have extensive training on water safety.”

According to DCS, before and during licensing, the foster care agency educates caregivers on proper supervision and reinforces water safety expectations. DCS also has specific rules about water safety, but the rules address pools and other bodies of water.

“We remain dedicated to strengthening our systems and ensuring every child in our care is protected, supported, and given the opportunity to thrive,” a DCS spokesperson told ABC15 in an email.

“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.

Got a news tip? Contact ABC15 Senior Investigator Melissa Blasius by email at [email protected] or call 602-803-2506. Follow her on X (formerly Twitter) @MelissaBlasius or Facebook.