A Buncombe County child is dead and the question MUST be asked, could this death have been prevented?
DSS received reports of abuse before death
4-year-old Cedric Francois died October 19, 2011 at Mission Hospital, after suffering brain hemorrhages, from blunt force trauma. The Citizen-Times, reports that,
According to the warrant application, a detective at the hospital observed numerous injuries, including hemorrhages in both eyes, bruises on his face, buttocks and around his ankles, abrasions on his chest, forehead and under his left eye, a laceration on his right ear, a busted lower lip and a bite mark on his arm.
The warrant application further states that Buncombe County DSS received a report of abuse September 3, 2011, which alleged that the child was being abused by Michael Antonio Dixon, the man currently in custody for his death, that the child had visible signs of maltreatment, "marks and scars" from the abuse, the report also alleged that Dixon was selling drugs out of the home.
The warrant application states that a social worker visited the home September 30, 2011 and noted several injuries in various stages of healing on the child, "a mark under the child's left eye and found healing marks on his forehead, neck and rib cage". Taquita Francois, the child's mother told the social worker that Cedric had been "hit in the eye with a stick while playing at the park", and that she had not been present when the injury occurred.
The warrant makes no mention of reasons, given by the mother, for the other injuries the social worker documented on the child's body during her visit.
Police state in the warrant, that social workers, "put a safety plan into place that stated (Dixon) needed to be seen and interviewed as part of the assessment process." Three days later, according to the warrant application, the mother informed DSS that her and Dixon had broke up, it further states that DSS was unable to make contact with Dixon. What other lengths, if any, social workers went to in order to contact Dixon are not revealed in the warrant application.
Although N.C.G.S. 7B-2902 authorizes disclosure of DSS involvement in child abuse fatalities or near fatalities the Buncombe County Department of Social Services has refused to release any information concerning their investigation or their involvement with this family.
ADA Megan Apple responded to the release of information requests by refering to § 7B-2902 (d)(3) and § 7B-2902 (d)(4) , that the release of information could damage the states ability to prosecute the defendant and that it could interfere with the defendent's right to a fair trial.
Could Cedric's death had been prevented?
North Carolina Law, §7B‑302 States, "when the report alleges abuse, the director shall immediately, but no later than 24 hours after receipt of the report, initiate the assessment." and according to DSS policy, if a child is preschool age, any report of physical abuse requires an immediate response by the department. In Cedric Francois case, according to the Warrant Application, the report of abuse received by the Buncombe County DSS, September 3, 2011, concerned physical abuse, "based on the priority response tree, "Physical abuse of a young child or a disabled child is considered high risk and requires an immediate response."
"When a report is received and any high-risk situation is alleged, the agency must take immediate action to see the child, assess the situation and take whatever action is necessary to protect the child."
Yet the social worker did not visit the home until September 30, 2011, 27 days after the report was received.
19 days after this visit, Cedric was dead.
Why was there such a significant delay in investigating this report of abuse? Such a delay after a report of physical abuse is a direct violation of state law, and it should be assumed, that as such, is it a prosecutable offense.
Furthermore, according to the warrant application, the social worker witnessed numerous injuries, in various stages of healing on Cedric Francois' body, why was this 4-year-old child left in the home? Signs of child abuse listed on the North Carolina Health and Human Services webpage, include:
- Has unexplained burns, bites, bruises, broken bones, or black eyes;
- Has bruises or marks in non-prominent, “fleshy” areas of the body (for example, inside of biceps or behind the knees);
and injuries in various states of healing should always raise red flags.
Yet, Cedric was left in the home.
The warrant application does not state if any other action, besides the safety plan stating that (Dixon) needed to be seen, was taken in protection of this child by DSS.
- If the abuse investigation had occurred within the statutory investigation timeline, could Cedric's death have been prevented?
- If DSS had removed Cedric when the numerous injuries were first noted, would he still be alive?
- Were there follow up visits, services provided or any other actions taken to protect this child?
- Will there be an investigation conducted by an unaffiliated entity into DSS's involvement in this case?
Sadly, because of current laws that bar public inquiry and the release of information into the actions of the Department of Social Services, the answers to these questions, and if Cedric Francois' death could have been prevented, may never be answered.
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