Before Zoey Felix died, Kansas DCF received child welfare reports. Here's what they did.

In the last month of Zoey Felix's short life, Kansas child welfare officials made seven attempts to contact her family.

Five home visits, a letter and a phone call by child protective services in September were unsuccessful in reaching the family. Then came the Oct. 2 report to the Kansas Department for Children and Families — the ninth in total — reporting that Zoey had died.

Neighbors have said Zoey was no longer living at home by late September, having been kicked out of her mother's house to live with her father in a homeless camp. Prosecutors have charged 25-year-old Mickel Cherry, a homeless acquaintance, with child rape and capital murder.

On Tuesday, two weeks and a day after Zoey died, DCF released a two and a half page summary in response to open records requests filed by the Topeka Capital-Journal and other news organizations. The records confirm what neighbors and other agencies have said — that DCF received multiple reports about Zoey — but also refute the allegation from some that DCF did nothing.

The state's child welfare agency officially declared that Zoey, who was 5 years and 6 months old, "died due to abuse or neglect." That finding was needed under Kansas law in order for DCF to release the summary, which includes limited information on reports to DCF and services recommended by the department.

DCF received nine reports about Zoey Felix

The agency received nine total reports involving Zoey. Six were assigned for investigation. The other three were duplicative or were combined under an open case. The summary does not say who made the various reports.

The first report came more than a year before Zoey died. On Sept. 8, 2022, "DCF received a report with allegations including poor conditions in the home and possible drug use in the presence of a child." The investigation included a drug screen agreed to by the mother, which came back negative, and finding out that the mother was working with court services.

"DCF offered services to the family, but the family declined," the summary states. "The case was closed."

Two months later, on Nov. 8, 2022, DCF received a report about an unsupervised child.

"Following an investigation, the case was unsubstantiated," the summary states. "DCF offered services, and again they were declined."

Ten days later, on Nov. 18, 2022, came a report to DCF that Zoey's mother had been arrested for allegedly driving under the influence and that Zoey had been unrestrained in the front seat. Zoey was briefly placed in police protective custody, but law enforcement placed her with her father after locating him the same evening.

"After receiving the report, DCF interviewed the father and child to assess safety," the summary states. "No safety concerns were identified. The report was substantiated by a Lack of Supervision finding against the mother."

Shawnee County District Court documents show Zoey's mother, Holly Jo Felix, ultimately got sentenced to probation after entering a plea deal with the district attorney's office.

Six months later, on May 18, 2023, came the first report to DCF that Zoey was living in a home with no utilities. The report also alleged the home was in generally poor condition. A child protective services investigation for physical neglect "found the home to be livable, utilities operational, and food in the home. There were no signs of drugs in the home. The case was unsubstantiated."

The family again declined the offer of family preservation services.

DCF received another report of no utilities plus drug use on Aug. 29, 2023.

Child protective services then tried to contact the family through home visits on Sept. 6, Sept. 8, Sept. 12, Sept. 14 and Sept. 25. They sent a letter on Sept. 20. They called on Sept. 21, but the number was disconnected.

"The case remains open," the summary states.

Then came the Oct. 2, 2023, report to DCF of Zoey's death.

"As a result, DCF assigned a case for Physical and Sexual Abuse in the death of Zoey," the summary states. "The Sexual Abuse case was substantiated. The Physical Abuse case finding is pending investigation."

What DCF secretary Laura Howard and Gov. Laura Kelly say

Now that DCF has released its summary, DCF secretary Laura Howard and Gov. Laura Kelly have issued statements.

"My agency is fully committed to a thorough review of this case," Howard said. "We will take every step necessary to determine if there are policies and procedures that can be revised or added to effectively support families and help prevent another case like this from happening again."

"Zoey Felix's death was an unacceptable tragedy," Kelly said. "My administration proposed legislation in 2021 to allow the Department for Children and Families to expedite the release of information in cases like Zoey's. We will urge the Legislature to get that bill to my desk early in the next legislative session."

The governor was referring to a bill proposed by Howard that would have required DCF release its summary about Zoey after criminal charges were filed against Cherry, which happened three days after her death. The bill passed a House committee, but leadership never brought it up for a vote on the House floor.

Under current state law, if DCF has had involvement with a child but the child was not in state custody, the agency has seven business days to respond to a public records request for summary information. However, DCF must first make its own determination that the child died as a result of abuse or neglect, which can delay the timeline for releasing a summary.

Full reports about Zoey Felix case not released

The summary released by DCF provides limited information on the state child welfare agency's involvement in the Topeka girl's short life. More detail could be revealed if the full DCF reports are released publicly, as the Capital-Journal has requested, but it is unclear whether that will happen.

State law provides for those reports to be redacted or sealed by a judge at the request of any affected party, including prosecutors, Cherry's public defenders, Zoey's family and DCF. An ongoing criminal investigation or a pending prosecution are among the factors the court may consider.

Meanwhile, Shawnee County District Court has sealed a Topeka police affidavit at the request of Cherry's defense team and without objection from prosecutors. Shawnee County District Attorney Mike Kagay has not yet decided whether he will pursue the death penalty.

What you can do if you suspect abuse or neglect

The summary included information on what people can do to help a family in need of support or to report suspected child abuse or neglect.

Resources to help families are available by calling 1-800-Children, or 800-332-6378, or by visiting www.1800childrenks.org. The service is operated by the Kansas Children's Service League.

Suspected child abuse or neglect can be reported to the Kansas Protection Report Center by calling 1-800-922-5330.

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: Before Zoey Felix died, Kansas DCF received many child welfare reports