On Friday, the North Carolina Court of Appeals granted a 10 day stay, that suspended the release of DSS disclosure records regarding their investigation of reported abuse on a child that later died.
4-year-old Cedric Francois died, October 19, 2011, just 19 days after social workers visited the home where he lived with his mother, Taquita Francois and her boyfriend, Michael Antonio Dixon Jr., according to court records.
According to court records, Buncombe County DSS received a report of abuse on September 3, 2011, alleging that Dixon was selling drugs out of the home and that Cedric had scars and bruises on his little body.
Court records futher state that a social worker went to the home September 30, 2011, and observed and noted healing marks on Cedric's rib cage, neck, and forehead, as well as, under his left eye.
Court records do not indicate if any other visits occurred before this date, twenty seven days after the report of abuse was received.
Michael Antonio Dixon Jr., was charged with first-degree murder and felony child abuse after an autopsy found Cedric had died of blunt force trauma to the head.
The stay postpones Superior Court Judge, Alan Thornburg's decision to release DSS findings and information to the public, as authorized by N.C.G.S. 7B-2902.
§7B-2902 is a federally mandated law under the Child Abuse Prevention and Treatment Act, which requires states that receive federal grant money to provide disclosure, to the public, when a child fatality or near fatality results from abuse, neglect, or maltreatment.
These disclosure laws exist to provide the necessary transparency, public scrutiny, accountablity, and responsibility of Child Protective Services. Disclosure enables the discovery of any issues or problems within CPS that may have contribute to the death or near death of a child.
Without disclosure these issues and problems cannot be identified and fixed, subjecting other children to those same department failures.
The Citizen Times, sought release of the records in Superior Court when the Buncombe County Department of Social Services declined to release disclosure, after the District Attorney's office determined that disclosure of this information could interfere with the criminal investigation, ability to prosecute, or defendants right to a fair trial.
Last month, the Honorable Judge Thornburg, agreed that the immediate release of the records could interfere with the criminal investigation, but found that their release a month later would not and, Ordered the records to be released, December 17, 2011.
Dixon, through his attorney, intervened in the civil case between DSS and Citizen Times and filed a motion to suspend the disclosure's release, pleading that it would interfere with his Constitutionally protected right to a fair trial.
After Judge Thornbury denied that motion, Dixon appealed to the higher court, which granted the temporary 10 day stay pending their decision on Dixon's motion.
If the Court of Appeals rules in Dixon's favor, the disclosure detailing DSS involvement before Cedric's death, could be withheld for years.
Delaying disclosure for that amount of time, defeats the purpose of disclosure, which is to ensure that DSS is adhereing to laws and policies, as well as, performing their duties in the manner that best protects children.
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