A Petition in Behalf of the
Forsaken Children
of Texas to the
Governor and the 76th Legislature
II. TWO STORIES OF FAILED INVESTIGATIONS
A. Little Girl Victoria
To the west and within sight of the Goddess of Liberty atop the Capitol, in 1997, nine-year-old Victoria lived with her mother, uncle, and grandmother. Broad-branched oak trees shaded the lawns and sidewalks of her neighborhood. Front porches and window dormers graced many of the remodeled and reconditioned homes on the street, giving Victoria's west-central Austin neighborhood a quaint, trendy character. Victoria's neighborhood was the kind where children played together in their yards and rode their bikes and trikes on the sidewalk.
But one house stood apart from the rest. Even from the street, it was evident that the owners had done little to maintain the home in many years. The broken windows, weathered siding, rotted steps, and sagging porch were easily visible. If one got close, an even more disturbing problem became obvious: the strong odor of urine and feces coming from inside the house.
On September 29, 1997, the Child Protective Service received a telephone call from a neighbor. The caller reported seeing a young child peering through the window of the house. But the caller had never seen the child outside, never seen the child playing, never seen the child going to school, or even getting into the car. The caller knew that adults lived in the house--including a man who drove a new truck. The caller knew nothing more, but wanted someone to investigate.
On October 14, the grandmother answered the CPS investigator's knock on the door. Yes, the grandmother responded to the investigator's question, there was a child living in the house, her granddaughter, Victoria. The investigator explained the purpose of her visit and asked to see Victoria. What greeted the investigator inside was appalling.
She counted nine large rats climbing on windowsills and roaming the rooms used by the family. The rats were unafraid of people. Trash, broken furniture, empty bottles, coke cans, and unidentifiable objects littered the house. A path through the debris led to the bathroom. There was no hot water, no stove, and no kitchen. A refrigerator and a microwave oven were in the living room. Three dilapidated couches covered with blankets were also in the living room. A mattress on the floor of one room served as the child's bed.
Then the investigator met Victoria. Though Victoria was nine years old, she did not speak, read, or appear to understand simple instructions. She had not left the house since early childhood. She had not seen a doctor since she was nineteen months old. She did not know how to use the toilet, but instead urinated and defecated on the floor.
After a few days of trying to work with the family, on October 20, 1997, CPS removed Victoria from the care of her family and placed her in foster care. When the media learned of Victoria's plight, the story exploded. Across the country, television viewers were shocked by pictures of the rat-infested home and moved by accounts of Victoria's living conditions.
But even more shocking to the country was the news that the October 14th visit by the CPS investigator was not the first time that the Child Protective Service had been called to the house. CPS records revealed three previous calls, or, in the jargon of child protection, three previous "referrals" regarding child abuse or neglect dating back to December 1994.
CPS received the first referral on December 9, 1994; the caller reported a young child seen through a window but never outside, and strong odors coming from the home. The caller did not know the address of the house, although the caller could describe the house and give the general location. CPS concluded that the information provided by the caller "did not meet state guidelines for an investigation," and so CPS did not investigate.
CPS received the second referral on January 6, 1995. This time the call did result in an investigation. The investigation consisted of a visit to the home and a discussion with the mother and grandmother, who told the CPS investigator that Victoria was mentally retarded, schooled at home, and that a religious organization was assisting the family. Nine months passed from the initial contact until the investigator completed and filed his report, which ruled out abuse or neglect and closed the case. The investigator made no contact with other sources to confirm that Victoria was mentally retarded or home schooled or that the family was receiving any assistance from other organizations. The investigator made no contact with the Health Department or MHMR to attempt to coordinate services for the family. In short, despite witnessing the deplorable conditions in which the child was being raised, the investigator took no steps to alleviate them.
CPS received the third referral regarding this family on October 30, 1995. The caller alleged physical neglect. Following that referral, a CPS investigator visited the family and developed a "safety plan" for Victoria. A safety plan is a common tool used by CPS. In a safety plan a family voluntarily agrees to take certain steps negotiated by the family and the investigator to address an identified problem. The details of the "safety plan" for Victoria are unknown, but it makes little difference. The investigator never followed up to see whether the family implemented the plan. Two more years would pass before Victoria would be rescued.
B. Baby Boy Nakia
To the east and within sight of the Goddess of Liberty atop the Capitol, in 1997, Nakia lived with his seventeen-year-old mother, his grandmother, and seven other children. Nakia lived in a dilapidated house overrun with rats and mice. Some of the utilities were not working or had been cut off. The house smelled of urine and marijuana. Trash, old food, and dirty clothes covered the floor. Roaches ran rampant, including inside the refrigerator. There was little food in the house.
As in Victoria's case, multiple calls to CPS alleging physical neglect were either ruled out after abbreviated investigations or never investigated at all. Despite ten referrals over a period of three years, CPS left nine children in these filthy, dangerous conditions.
CPS was first called on June 2, 1994, more than three years before Nakia was born. The caller alleged neglectful supervision of the seven children living in the home. The investigator, however, said he was unable to confirm the allegation. CPS closed the case.
CPS was called again on June 27, 1994, but did not investigate.
On April 27, 1994, a caller alleged physical neglect of the children. A CPS investigator ruled out the allegation.
A year later, on April 21, 1995, a caller alleged sexual abuse of the children. CPS assigned this allegation of sexual abuse the lowest priority and never investigated.
On December 21, 1995, a referral alleging neglectful supervision was also not investigated. Neither was a referral for physical neglect received on March 7, 1996.
Four more referrals, received on April 23, 1996, June 28, 1996, August 21, 1996, and February 11, 1997, alleging neglectful supervision and medical neglect, CPS closed as "ruled out."
Nakia was born into this situation on August 19, 1997. On October 1, 1997, the six-week-old baby was found in his crib, blood running out of his nose, dead of a respiratory infection that caused his lungs to hemorrhage. According to the medical examiner, the infection probably resulted from the unsanitary living conditions in the home, possibly a virus associated with rat feces.
Nakia's story did not make the news. Until now his story has never been told outside the system. For every Victoria whose story becomes public, there are many Nakias whose story is never known.
