Bill that stalled in Kansas Legislature would have enabled DCF to discuss Zoey Felix case

Topekans demanding to know more about what the Kansas Department for Children and Families did with reports about Zoey Felix could already have a summary of that information if the Legislature had passed a bill proposed by DCF two years ago.

But lawmakers didn't pass the bill, and a concerned community is left wondering what the state's child welfare system knew before the 5-year-old homeless girl was raped and killed.

What did DCF do with reports about Zoey Felix?

Neighbors have said that Zoey became homeless after her mother kicked her out of the house, and that she had been living in a homeless camp. Mickel Cherry, a homeless man who was acquaintances with Zoey, has been charged with rape and capital murder.

The neighbors have said they reported Zoey's situation to DCF but alleged that the agency did nothing to help the girl. Topeka police said it also filed a report with DCF after a welfare check discovered the girl's home was without utilities, and Topeka Public Schools indicated its social workers also may have filed a DCF report.

It isn't publicly known how DCF responded to those reports. Answers will come eventually, but it is unclear how long the public will have to wait to gain access to public records.

Kansas public records law on DCF reports involving child deaths

Under current law, DCF must release limited records to the public within seven business days of a Kansas Open Records Act request. The Topeka Capital-Journal has filed a KORA request in Zoey's case.

The information DCF must release are: age and sex of the child, date of death, a summary of previous reports to DCF of abuse or neglect of the child, plus findings of such reports, and department-recommended services provided to the child.

However, before DCF can release the information, an agency investigation must first determined the child's death was the result of abuse or neglect. Such a finding can take time and delay the release of public records, as has been the case in Zoey's death.

DCF has not released summary of Zoey Felix reports

DCF secretary Laura Howard told legislators last week that she is legally barred at this point in time from publicly releasing information on the agency's interactions with Zoey.

That's because DCF has not yet determined the child's death was the result of abuse or neglect.

"I know it sounds technical, but it's the law," she told the Joint Committee on Child Welfare System Oversight.

Howard has tried to change the law in the past. Had she been successful, she could now talk about certain aspects of the case.

Under DCF bill, public could already have Zoey Felix's information

In January 2021, DCF requested House Bill 2127. The bill would have required DCF to publicly release certain information on a child fatality once criminal charges are filed.

Natalie Scott, an assistant reviser of statutes, explained that the bill would allow DCF to release information sooner in some situations.

"Right now, the only trigger for that happening is when the department determines that the fatality was as a result of abuse or neglect," Scott said at a February 2021 hearing. "But this would allow, even if maybe DCF hasn't finished their investigation of that, if criminal charges are filed, then that information could be released."

Howard told lawmakers at that 2021 meeting that the bill was designed to address an incident that happened in 2020.

"Our clear intention," Howard said, "is to make sure that there aren't situations, such as the incident last summer, where we're not able to release information when criminal charges have already been filed and we don't have this really undue delay in making sure what I think is important summary information being available to the public."

Now, the agency is in a similar situation because the bill didn't become law.

The bill did get a hearing in the House Judiciary Committee. It had the backing of the Children's Alliance of Kansas and FosterAdopt Connect. There was no opposition testimony. An amended version passed the committee.

But legislative leadership never brought it up for a vote on the House floor.

Past child deaths inspired transparency changes

Howard told the House Judiciary Committee at that meeting that she requested the bill because it would improve transparency, accountability and public trust in the child welfare system.

"Child fatalities or serious incidents that communities grapple with, and it's important that the public has access to this information," she said.

DCF didn't always have to release summary information following a child's death. The Legislature wrote the law mandating that DCF release summaries following the 2015 murder of Adrian Jones amid frustrations at the lack of publicly available information, Howard said.

In 2021, she thought the law could be improved.

More: Kansas DCF secretary says she legally can't talk about slain Topeka child's situation

"The current statute is sometimes very confusing to the media and the public," Howard said. "It requires that DCF complete its investigation before it can release even this summary information to the public. So we're asking that the statute be amended to add language that would allow — actually require — us to release that summary information upon the filing of criminal charges against an alleged perpetrator in the event of a child fatality due to abuse or neglect, even if we as an agency have not concluded our investigation."

Sometimes, Howard said, the DCF investigation and the criminal investigation are in sync. Other times, not so much.

"In some circumstances, criminal charges could be filed before DCF has actually — through its social workers and investigators — made its own finding of abuse or neglect," Howard said. "So current law, even if criminal charges have been filed, would not allow us to release this summary."

Rep. John Carmichael, D-Wichita, said at the time that Howard's bill fixed a problem and made the statute match its original intent.

"So I appreciate you coming to us today with a proactive proposal to try to accomplish what, frankly, I thought we'd done several years ago," he said.

Howard said her legislative request was inspired by the 2020 death of Olivia Jansen. She said DCF stepped back, while law enforcement and prosecutors moved quickly, and the agency had "quite a bit of work to do" with interviews and reviewing records before it could make its own findings.

"The perception from the media and the public was that we were trying to hide something," Howard said. "Nothing could have been further from the truth. I desired nothing more than to release this summary of information about the agency involvement."

Jason Alatidd is a statehouse reporter for the Topeka Capital-Journal. He can be reached by email at jalatidd@gannett.com. Follow him on X @Jason_Alatidd.

This article originally appeared on Topeka Capital-Journal: DCF could have shared Zoey Felix summary if lawmakers OK'd 2021 bill