Arizona twice investigated, cleared mom before kids found dead in car seats

SUPERIOR, Ariz. -- The Arizona Department of Child Safety twice investigated and cleared the mother now accused of killing her infant and toddler, found dead in their car seats Monday, the agency tells Crimesider. 20-year-old Brittany Velasquez is being charged with two counts of murder after her children were found dead in the car outside a home in Superior.  

Family identified the children to CBS affiliate KPHO as 10-month-old Brooklyn Velasquez and 2-year-old Christopher Velasquez.

Superior Police and Pinal County Sheriff's officials gave few details about the circumstances leading up to the deaths at a press briefing Tuesday, but said Brittany Velasquez called 911 and evidence of foul play was found at the scene. Superior interim Police Chief Christian Esterly said one of his officers had called the state welfare agency in January to report an allegation that Velasquez was leaving the children for days in the care of her grandmother, who had trouble walking and getting around the house.

The children's father died about a year ago, Esterly said Tuesday.

In response to a request from CBS News' Crimesider about previous contact with the family, a spokesman for the Department of Child Safety said in an email Velasquez was investigated in October 2016 and January 2018, both times on reports that she was leaving the children with her grandmother. 

In both cases, the agency said, they found no evidence to suggest the children were being abused or neglected.

After the January investigation, they found Velasquez was relying on the grandmother to help care for the children while she was at work, and the agency offered her day care free of charge. The agency said Velasquez was participating in a home visitation program and that they visited her Mesa apartment and found she had all the supplies needed to care for the children.

The agency said they never took custody of the children and never placed them in the custody of their grandparents. They said concerns had been raised about Velasquez' mental health, but "no evidence was presented by anyone that indicated mental health issues were impeding Ms. Velasquez' ability to parent."

"We understand these types of tragic events evoke emotional reactions; we too feel pain when children suffer. However, we can only make decisions based on the available evidence and what the law allows," the agency said. "The Department acted in good faith based on the information we received and exercised our due diligence during these prior investigations."

Velasquez' sister Amber Velasquez told KPHO she is devastated by the children's deaths.

"I don't think anyone would imagine this happening to their family," Amber Velasquez said. "They were so innocent."

Amber said she and Brittany had just taken the kids to the mall for Easter pictures last week. She shared a picture of the two children with the Easter bunny, the last photo of the children together.

"I lost my niece and nephew but I'm also losing a sister. We would talk every day, all day. I know what she did was the most horrible thing but at the same time that was my sister," said Amber.

Amber Velasquez said she didn't want to comment on the criminal investigation, but said she believes her sister should face consequences.

Police have not revealed a motive or cause of death.  

Brittany Velasquez was arraigned in Pinal County court Tuesday and ordered held on $2 million bond.