Kansas DCF secretary says she legally can't talk about slain Topeka child's situation
The state's top child welfare official said she legally cannot talk in public about the homeless Topeka 5-year-old who police say was raped and killed earlier this week.
"There's a very tragic murder that took place here in Shawnee County just a couple of days ago, where a 5-year-old child was brutally killed," said Kansas Department for Children and Families secretary Laura Howard. "Very, very tragic circumstance."
Police were called Monday evening to the Dillons gas station at S.E. 29th and California in southeast Topeka, where firefighters were treating the girl for life-threatening injuries. She later died.
She was identified as Zoey Felix.
Sen. Molly Baumgardner, R-Louisburg, asked about Zoey's case during Wednesday's regularly scheduled meeting of the Joint Committee on Child Welfare System Oversight.
"It's not uncommon when there is the death of a child that my agency gets asked about whether or not there has been any involvement by the agency related to that family," Howard said. "Under the terms of Kansas law, there are protections in terms of the release of information within the child in need of care code. So I actually do not have the legal ability to say anything in a public setting until certain additional things happen related to making a finding of abuse or neglect.
"And I know it sounds technical, but it's the law. It's really about protecting children and families. I can make comments in a closed executive session that this committee has the authority to do."
The committee, which was already running behind about an hour into its six-hour agenda, didn't immediately move for a closed-door executive session. Zoey's case wasn't on the agenda, but Baumgardner said there were plans for an executive session later in the afternoon.
She later made a motion for an executive session, citing provisions in state law that allow the committee to review both confidential DCF records and law enforcement records on "a child alleged or adjudicated to be in need of care."
The executive session lasted roughly 5 minutes. The legislators were joined by Howard, deputy secretary of family services Tanya Keys and Northeast region child protective services program administrator Ashley Lang. Under the law, committee members could be punished if they were to disclose any of what was presented.
The committee did later ask DCF to provide information on agency services to homeless children and utility policies to prevent shutoffs when children are in the home.
Neighbors have said that Zoey lived with her mom and other people in a home near S.E. 21st and California but was recently kicked out and had since been living in a nearby homeless camp. Topeka police arrested a homeless man, 25-year-old Mickel Cherry, in connection with rape and murder allegations.
Cherry hadn't been formally charged in Shawnee County District Court as of Wednesday morning.
Neighbors have alleged that DCF did nothing to help Zoey Felix after they made multiple reports to the state's child protective services agency.
"The system failed her," said Desiree Miles, who lived across the street from the home.
Sheryl Tyree, who frequently visits the neighborhood, said her message to the DCF secretary is: "Do your job. You're failing our children."
It is unknown what DCF knew about Zoey's living situation, when it found out and what, if anything, the agency did. An agency spokesperson said DCF was notified Tuesday morning by police of the girl's death.
"The agency will work closely with law enforcement to investigate the incident," said Mike Deines, of DCF.
The Capital-Journal filed a Kansas Open Records Act request Tuesday morning for information on the case.
Under state law, if a child dies as a result of child abuse or neglect, DCF has seven business days to release a summary of any previous reports of abuse or neglect received by the agency and findings of such reports. DCF must also release information on any department-recommended services provided to the child.
More: 'Everybody loved Zoey, except her parents.' Neighbors say child slain Monday was neglected
But before that information can be released, DCF must first determine that the child's death resulted from abuse or neglect. There is no timeline for when that may happen.
The full reports are also considered public records, but the agency and any affected parties may request that a court order block the release of all or part of the records. An ongoing criminal investigation or a pending prosecution are among the factors the court may consider, so the DCF documents could be sealed.
More: Topeka church to have prayer vigil Wednesday in response to young girl's rape and killing
Jason Alatidd is a statehouse reporter for the Topeka Capital-Journal. He can be reached by email at jalatidd@gannett.com. Follow him on Twitter @Jason_Alatidd.
This article originally appeared on Topeka Capital-Journal: Kansas DCF secretary can't speak on death of Zoey Felix, 5, in Topeka
