Child's Death Leads to State Review and Divided Opinions

HOUSTON - A longtime critic of Child Protective Services is pleased the state of Texas has opened an investigation following a nine-year-old Magnolia boy's death.

"It's not family preservation services. It's Child Protective Services, and we believe the focus should always be on protecting the child even if it's at the expense of removing them from their family," said Randy Burton, founder of the Houston based national advocacy group Justice For Children.

The commissioner of the Department of Family and Protective Services has asked for an inside and outside review of six years worth of casework.

The casework relates to eight separate investigations into Dalton Young's family. So far, Young's autopsy results have been inconclusive.

The boy was a special needs student at Nichols Sawmill Elementary School in Magnolia I.S.D.

CPS spokeswoman Gwen Carter says Young had birth defects, complex medical issues and mental illnesses.

For six years concerned citizens have come forward alleging abuse and neglect. Adults are required by law to report suspected child abuse.

Young died on Aprl 26th at his home on Sawmill Road in Magnolia. The Montgomery County Sheriff's Office says deputies were dispatched concerning a child not breathing.

The case has led to a separation of opinions on myfoxhouston.com.

A woman who says she is Young's aunt writes, "Our darling Dalton is gone for one reason and one reason only and that is because his body was ill with disease and it just could not fight the fight anymore."

Another says the state investigation is "long overdue." While some can't decide what side they're on, calling the whole situation "sad."

"We have a 150% turnover rate at CPS every year so the average life of a caseworker is 9 months. How can we ever have someone with decent experience investigate these cases?" said Burton.

Before Young died, CPS had investigated his family eight separate times and have two cases still open. The allegations included physical abuse of Young and his twin brother by one or both parents and physical and medical neglect.

In all eight closed cases, CPS ruled out the allegations or couldn't determine if they occurred.

Carter says CPS does not require children to see a doctor just because of an allegation. She says the state will take that into consideration during their review.

"Most of them (caseworkers) have college degrees, but they're in unrelated fields. Then they're put on the street to make life and death decisions. It seems like more often than not they're willing to accept the parent's explanation without further investigation," said Burton.

Burton pushes for CPS to err on the side of caution and remove the child while his/her medical history is looked at. Oftentimes, Burton's work with Justice For Children disproves the allegations.

In an email, the woman who says she is Young's aunt says Young suffered from the same illness as his twin.

She writes, "Our focus is trying to find a cure and a way to offer him a continuous chance at life without having to go through day to day struggles that his poor body goes through."

The aunt did not name the illness but says Dalton could not determine if he was hungry or full and took several medications a day.

Young's former teacher says she reported the suspected abuse at least twice beginning in 2004.

"When I found out about the death and knowing my concerns from years ago, I wondered if the ball was dropped," said the teacher, who asked not to be identified.

Last year a scathing report blasted CPS caseworkers for regularly missing warning signs that Houston area children were in danger in their own homes.

Two toddlers, Emma Thompson and David Tijerina, along with infant Amber Maccurdy all died during or after CPS investigations.

The state has issued the following statement:

"DFPS Commissioner Anne Heiligenstein has asked for an external review of CPS involvement with the family of Dalton Young, to be conducted by a child abuse pediatrician with the Forensic Assessment Center Network (FACN). The network is based at the UT Health Science Center in Houston, and has affiliates at other Texas medical schools.

The review will help the Commissioner determine if CPS took adequate steps to consider the child's birth defects, special needs, and other complex mental illness and medical conditions, in the abuse/neglect investigations conducted by the agency since 2004.

We share the public's concern with this case, which is why we have assigned CPS state headquarters staff to review all of the case work, along with the external medical review. We hope to have both completed as soon as possible."

Young's twin brother and two older sisters are in CPS custody and have been placed with relatives. There is a status hearing on the custody case scheduled for May 17th.

The teacher says she was truly touched by Young when she had him as a student. She still keeps a picture of him on her desk and has always hoped he would be okay.