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Massena child died from neglect while DSS was monitoring family; DA investigating what coroner called homicide

Posted 9/24/21

Editor’s note: This story includes details from an Office of Children and Family Services fatality report that some readers may find disturbing. BY JIMMY LAWTON North Country This Week St. Lawrence …

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Massena child died from neglect while DSS was monitoring family; DA investigating what coroner called homicide

Posted

Editor’s note: This story includes details from an Office of Children and Family Services fatality report that some readers may find disturbing.

BY JIMMY LAWTON
North Country This Week

St. Lawrence County District Attorney Gary Pasqua has confirmed an investigation is underway regarding the 2020 death of a 10-year-old Massena child who appears to have died from gross neglect.

The death occurred while the St. Lawrence County Department of Social Services had an open investigation regarding educational neglect. Since 2010, St. Lawrence County DSS had investigated 22 claims regarding the family that involved the deceased child and her seven siblings.

Ten of those cases were substantiated but most of those were confirmed following the deceased child’s autopsy.

Among the verified allegations were lack of medical care, inadequate guardianship and educational neglect.

According to a report from the Office of Children and Family Services, the child died of malnutrition and dehydration. Additionally, the report referred to the death as a homicide. However, that was not the initial determination made by DSS.

Open investigation

Pasqua said the child’s death is being investigated, but said he couldn’t share specifics.

“We are aware of that death. That death is under investigation,” he said. “Due to the nature of it and the work that we do I’m not going to comment on the details.”

When asked if the investigation included the St. Lawrence County Department of Social Services, Pasqua said that when making a determination in a case like this the goal is to figure out who is responsible for the death of the individual and decide if it rises to a criminal level.

“In any investigation we look at everyone and everything involved in it,” he said.

Although nearly a year has passed without charges being issued, Pasqua said it’s not necessarily uncommon.

“Every investigation takes the course and time that it does based on the complexity of the situation and evidence,” he said, adding that there is no set time at which an investigation should be completed.

“The most important thing is to make sure we are going to have the right person if and when we make an arrest,” he said.

State report

North Country This Week was pointed to a fatality report issued by the Office of Children and Family Services by an organization called Community Helping Individuals Living in Distress, which is headed by Courtney Fantone. The organization has been working with Plattsburgh attorney Michael J. Phillips on a host of allegations made against St. Lawrence County DSS over the past year.

The publicly-available report was issued by the state because the child died with an open investigation underway by St. Lawrence County Department of Social Services. Fantone says she believes the child’s death could have been prevented had caseworkers more thoroughly investigated complaints against the mother.

DSS reported that their investigation, which began Dec. 1, included a safety assessment via a home visit to investigate an educational neglect complaint, but the case worker did not enter the house.

“Due to a possible COVID-19 exposure and pending test result, the children were observed from the door and no concerns were noted for them. From the door, the home was observed to be cluttered; however, free of health and safety concerns.”

A follow up visit was conducted virtually by DSS prior to the death of the child in which no concerns for the children were noted.

“No additional collateral contacts or in-person interviews were conducted by SCDSS (St. Lawrence County DSS) to assess the overall safety of the children or condition of the home prior to the SC's (subject child) death. The investigation had focused solely on the existing allegations of Educational Neglect for the siblings and no other health or safety factors were assessed,” the report said of the DSS investigation.

The child died on Dec. 26, less than a month after DSS opened the investigation.

DSS also investigated the death and initially said there were no concerns of abuse or maltreatment as the cause of death of the child, and it was believed her “multiple disabilities including cerebral palsy with limited mobility, might have contributed to her death.” The child was also non-verbal and required feedings through a G-tube throughout the day and overnight.

But the reporting done by DSS seems to be in stark contrast with what was reported by the medical examiner, law enforcement and emergency medical service employees who entered the home at the time of the child’s death.

The OCFS document revealed disturbing details and a history of complaints stemming from the household where the child died.

The final autopsy report identified the cause of death as malnutrition from neglect and the manner of death was ruled a homicide. The child, the report said, “had been in the sole care and custody of the mother at the time of her death due to malnutrition.”

The report alleged that the child was extremely dehydrated at the time of her death and had been left in dirty diapers for extended periods of time resulting in ulcers and severe damage to her anal membrane.

The report says the responders who answered the 911 phone call found a disturbing sight upon entering the home.

“EMS reported the home had a foul odor and there was dog feces on the floors. The couch where the SC (subject child) was asleep was saturated in feces and bodily fluids.”

They also reported that the G-tube was unkempt and that the child had sores on her body.

The report showed that 22 complaints had been filed since 2010 and 10 had been substantiated.

In fact, the children had been placed in child care for approximately two months in 2010 but were returned to the care of their parents. In 2015 the children were again placed in care. Some of the deceased child’s siblings were returned to the mother’s care. Some, including the deceased child, remained in foster care until March of 2018 when she was returned to her mother.

The deceased child had remained in care longer due to the mother’s inability to care for the child due to her multiple medical needs, the report said.

“While the children were in foster care the family participated in prevention services which included court ordered services, community based waiver services, and mental health services. The family completed the service and had the children returned to their care.”

Others had raised concerns about the child’s care over the years.

“The biological father of the child was interviewed and noted several concerns for the child in the care of the mother and said that he had expressed them to DSS previously,” the report said.

The father, however, was not found to be an adequate placement due to housing concerns.

The child who perished had seven siblings who were also in care of the mother. Following the report from the medical examiner, DSS put those children in foster care where they have remained “through the investigative period.”

It is not clear where the children currently reside. However, due to state regulations regarding the number of children allowed under the care of one household, they have likely been split up.

CHILD speaks out

Courtney Fanton, speaking on behalf of CHILD, said that she is frustrated that no action is being taken against bad actors within the St. Lawrence County Department of Social Services and its agents despite disturbing facts coming to light.

She said CHILD has been working to piece together the ‘breadcrumbs’ that numerous individuals have brought to their attention regarding this case. Fantone said she’s concerned the death of this child has been kept from the public, despite the fact that St. Lawrence County DSS, the medical examiner and OFCS refer to it as a homicide.

Fantone says she believes the death was preventable.

“In our opinion, the death of this child was entirely preventable, considering that SLCDSS was called 22 times over the span of 10 years, and was investigating and actively involved with this family at the time of the child's death,” she said.

“Although some of the SLC legislators have been very receptive to our concerns, I can say that it saddens me when I pick up the paper and read comments from Chairman Sheridan referring to our work at CHILD as ‘commotion.’ We are advocating for issues that affect the lives and well-being of children. If we don't change this mindset that these issues are not significant because they are not happening to us, then these issues are only going to get worse. Children are literally dying in this county. The better question is, why aren’t more people making a commotion?”

Fantone said this discovery raises a lot of questions about the practices of St. Lawrence County DSS.

“This latest incident certainly calls into question why SLCDSS is not being transparent on this issue. St. Lawrence County residents should seriously be questioning why it is taking private citizens to bring these significant issues to light. CHILD would like to thank the Law Office of Michael Phillips Esq., Renee Drollette, and every community member who came forward with their individual piece of this puzzle making it possible to give a voice to the voiceless.”

The report states it was forwarded to the social services district, chief county executive officer and chairperson of the local legislative body of the county where the child died.