How Could You? Hall of Shame-Avalena Conway-Coxon case-Child Death and Samara caseUPDATED
This will be an archive of heinous actions by those involved in child welfare, foster care and adoption. We forewarn you that these are deeply disturbing stories that may involve sex abuse, murder, kidnapping and other horrendous actions.
From Auburn, Massachusetts,2-year-old foster child, Avalena Conway-Coxon, “died and a second young girl was left in critical condition after they were found unresponsive at a foster home in Auburn.”
“A makeshift memorial of stuffed animals, candles and flowers now sits outside the apartment complex on Pheasant Court where the two little girls were found Saturday afternoon, after their foster mother called 911.
When emergency officials arrived, they found Avalena Conway-Coxon, 2, unconscious and performed CPR. She was pronounced dead a short time later at a local hospital. An autopsy was performed Sunday night.
Worcester County District Attorney Joe Early said life-saving measures were performed on the second girl, also about 2 years old, who remained in “very critical” condition. He said the foster mother is cooperating with authorities.
A third foster child and the woman’s three biological children also lived in the home. They are in the custody of the state Department of Children and Families. Early said they showed no obvious signs of abuse.
DCF spokeswoman Andrea Grossman said in a statement that the agency is working with law enforcement officials and also is conducting its own investigation.
Early called the situation “a very difficult case.” He said air quality tests were done at the home and carbon monoxide poisoning has been ruled out.
Avalena’s biological mother, Jessica Conway, is a recovering addict who lost custody of her daughter and was trying to get her back.
“Something has to be done,“ Conway told WBZ-TV. “The governor really needs to get involved here because another child has died in DCF custody.”
Elizabeth Guyton, a spokeswoman for Gov. Charlie Baker, said Sunday he is “deeply saddened to learn of this tragic situation” and is in communication with DCF and public safety officials about the ongoing investigation.
The foster mother’s name has not been released. [Why not? ]Neighbors told WBZ-TV they trusted her to babysit their own children and that she was a good mother.
There have been no arrests at this point in the investigation.”
Auburn Foster Child Death ‘Very Difficult Case,’ Says DA[CBS Boston 8/17/15]
“Avalena Conway-Coxon was found at an apartment complex in Auburn, about 45 miles west of Boston, after her foster mother called 911 around 12.30pm on Saturday.
When emergency officials arrived, they found her unconscious and performed CPR – but Avalena was pronounced dead a short time later at a local hospital.
An autopsy was performed on Sunday night. Meanwhile, another girl, aged 22 months, is in a critical condition in hospital.
David Coxon, 69, told WHDH that he learned his granddaughter had died after an official from the Department of Children and Families official called him on Saturday night and asked for his daughter’s telephone number.
Minutes later, he said his daughter telephoned him.
Coxon told the Boston Globe that his granddaughter was placed in foster care after her mother, Jessica Conway, was sentenced to a year in prison and is completing a residential drug rehabilitation.
Avalena’s mother told The Globe: ‘It’s hit me, but it hasn’t hit me. I’ll never see my precious baby for the rest of my life.’
The newspaper reported that state child welfare officials had visited the foster home just four days before the tragedy.
DCF spokeswoman Andrea Grossman said: ‘We stress we do not at this time know the cause of death or illness related to this incident and are working closely with medical personnel and law enforcement for answers.’
She said the agency is working with law enforcement officials and also is conducting its own investigation.
Neighbors said they heard the woman who lives in the apartment screaming outside at about 1pm on Saturday and saw the girls being taken away in an ambulance.
Sonia Guzman, who lives across the street, told reporters her daughter rushed over to help the woman, who was holding an uninjured six-month-old baby in her arms.
‘She’s a really good mother with the kids,’ Guzman said. She added that the woman was planning to adopt some of her foster children.
On Sunday afternoon, neighbors placed a bouquet of flowers, candles and two stuffed toys outside the home.
Worcester County District Attorney Joseph D. Early said life-saving measures were performed on the second girl, also about two years old, who remained in ‘very critical’ condition.
He said the foster mother is cooperating with authorities.
The names of the children and foster mother have not been released.”
“Auburn Police Chief Andrew Sluckis Jr. said the mother is ‘very familiar’ to police.
Sluckis said police had been to the apartment several times for incidents including domestic issues and an identity theft case in which the tenants were victims, reported the The Telegram & Gazette in Worcester.
No arrests have been made in connection with the foster children case.
Elizabeth Guyton, a spokeswoman for Governor Charlie Baker, said he is ‘deeply saddened to learn of this tragic situation’.
He is in communication with the DCF and public safety officials about the ongoing investigation, she added.”
‘I’ll never see my precious baby again’ Police probe death of two-year-old girl in foster care as a second toddler is in critical condition in hospital in Massachusetts [Daily Mail 8/17/15 by Khaleda Rahman]
“Police say Conway’s daughter, Avalena Conway-Coxon, and a 22-month-old child were under DCF custody when they were found unresponsive in their foster home at Pheasant Court in Auburn on Saturday.
Police were called to the home just shortly after noon. Both children were given CPR. One of the girls remains in critical condition.
A third child, a 6-month-old, was also hospitalized for precautionary measures.
On Sunday, investigators collected boxes and bags of potential evidence and towed an SUV from the home.”
“The foster home has been licensed with the state since 2014. DCF last visited the home on Aug. 12, three days before the incident.
Neighbors said the mother had three children of her own and planned on adopting the foster kids.
Six children lived in the home. [So, a 2 year old, a 22 month old and a 6 month old and 3 others!]The Worcester County District Attorney’s office says there were no signs of abuse on the other children in the home. The remaining children have been taken into state custody. Authorities have not released the identity of the children pending notification of their biological parents.”
Mother Mourns Death Of Child In Foster Care [CBS Boston 8/16/15]
REFORM Puzzle Piece
Update: “Three DCF case workers who working with the foster home in Auburn were unlicensed, DCF officials said.
Two of the unlicensed workers were assigned to the two children who were found unresponsive in the home on Saturday. DCF officials said one of the workers was retiring and the other two were slated to take their licensing exams.
Officials say state child welfare workers visited the Auburn foster home of a 2-year-old girl three days before her death, but did not disclose the reason for the visit or what was found.
Investigators have not said how 2-year-old Avalena Conway-Coxon died and a second young girl ended up in critical condition Saturday.
A makeshift memorial of stuffed animals, candles and flowers now sits outside the apartment complex on Pheasant Court where the two little girls were found after their foster mother called 911.”
Three DCF Workers Assigned To Auburn Foster Home Were Unlicensed[CBS Boston 8/17/15 by Ap/CBS]
“As police and state investigators try to piece together what happened to Avalena Conway Cox, 5 Investigates has discovered a long history of calls to police from the Auburn foster home where she and a 22-month-old girl were found unresponsive.
State officials said the children’s foster mother, Kim Malpass, called 911 just after noon on Saturday to report the two girls were unresponsive.
Malpass told police she gave the girls a bath around 11 a.m., 5 Investigates’ Kathy Curran reported. The girls were found unresponsive on the floor near the living room about an 1 1/2 hours later. Emergency officials performed CPR on one girl who was unconscious, and both were taken to a hospital.
Avalena Conway Cox, 2, was pronounced a short time later. The 22-month-old remains in critical condition.
5 Investigates reports police records show there have been a total of 64 calls to police in the past 10 years from addresses where Malpass has lived.
The 64 police calls include 29 from her current address, and in all they include reports of threats, assaults, medical emergencies, domestic disturbance and an investigation into an allegation of rape.
Malpass has not been charged in connection with the death of Avalena and her cause of death has not been determined. Sources tell 5 Investigates’ Kathy Curran that there were no obvious signs of trauma to either girl.
5 Investigates has also learned that Massachusetts Department of Children and Families personnel visited the home within the past week, but the reason for the visit is unclear.
Malpass has been licensed by the department to care for foster kids since 2014. A DCF representative told 5 Investigates Malpass has cared for six previous foster children in addition to the three who were in her care until Saturday.
Before approving parents to take in foster children, the department conducts criminal and sex offender background checks but it doesn’t check with local police on day-to-day calls.
Gov. Charlie Baker told reporters he’s willing to look at how foster parents are selected, including whether DCF should check with the potential foster parents’ police department.
“This is an opportunity for us to discuss whether this is something that needs to be practiced going forward,” Baker said.”
5 Investigates: Police got 64 calls from Auburn foster mom’s home [WVCB 8/17/15 by Kathy Curran]
“The mother of the 2-year-old girl who died while in the care of an Auburn foster home visited a makeshift memorial for her daughter Monday calling it “disgusting.”
Jessica Conway stood outside the Pheasant Court foster home where her daughter, Avalena Conway-Coxon, lived saying that those who created the memorial didn’t know her daughter and that the foster mother whose care her daughter had been placed in did not deserve any sympathy.
“To be at this memorial sickens me because these people do not know my daughter, they don’t know who she is,” Conway told the Telegram & Gazette and other media gathered outside the Auburn home Monday.
Conway rejected comments made by others that foster mother Kim Malpass was a “good mom.”
“The neighbors have it all wrong that this mother was a caring mother,” Conway said. “She left these children unattended and they were hurt. Honestly, this memorial disgusts me because it shouldn’t be here. This woman should have no sympathy for what she did to our daughter.”
On Saturday, Malpass called authorities to her home on 2 Pheasant Court for two unresponsive children. Avalena Conway-Coxon died when she arrived at the hospital and the other child was in extremely critical condition. A third 6-month old child was taken to the hospital as a precaution, authorities said.
Conway said she lost her daughter “because she had an issue,” but was trying to get her back.
“The neighbors want to say what they want to say, but they also live in the projects,” Conway said. “If they’d given me the chance to move into low income housing, my daughter would still be alive. But they wouldn’t give me a chance because they (Department of Children and Families) wouldn’t work with me.
“At this point, that memorial means nothing and it sickens me.”
Mother of Avalena Conway-Coxon says memorial for dead daughter disgusting [Massachusetts Live 8/18/15 by Noah R. Bombard]
“Investigators returned to a home west of Boston where two toddlers in foster care were found unresponsive over the weekend and one died.
Worcester District Attorney Joseph Early told reporters outside the Auburn duplex investigators were executing a new search warrant.
He said the surviving 22-month-old girl remains in “dire” condition at a hospital, and toxicology tests on the 2-year-old girl who died were incomplete. He said investigators don’t yet know what happened.
The girls’ foster mother called 911 Saturday to report that the children were unresponsive.
Early said that so far the investigation isn’t considered criminal and no charges have been filed.
“It is an active and evolving situation,” Early said. “We are just going where the facts take us.”
The new search came as Gov. Charlie Baker said the state should consider broadening the review process for potential foster parents to include 911 calls.
Police have reported receiving more than two dozen 911 calls from the home since 2008. Baker said many of the calls were from the foster mother reporting problems in the neighborhood and shouldn’t be counted against her.
But the governor said that while 911 data hasn’t historically been part of the review process for would-be foster parents – a process that includes criminal background checks, interviews, and fingerprinting – that doesn’t mean that it shouldn’t be added to the vetting process in the future.
“In this day and age, that’s not hard data to collect and probably ought to become part of the process,” Baker told reporters.
Baker, a Republican, campaigned for governor in part by criticizing his Democratic opponent Martha Coakley for defending the state against a lawsuit brought by a New York children’s rights group, saying she should have settled the suit instead.
Now Baker finds himself under scrutiny following the death of the girl and the case of a Hardwick man charged last month with starving and beating his 7-year-old son, who remains in a long-term care facility. The state Department of Children and Families had been involved with the family.
In 2013, state social workers lost track of Jeremiah Oliver, a 5-year-old Fitchburg boy whose body was later found along the side of a highway.
Baker said Tuesday that unlike the Oliver case, there was a lot of oversight in both recent cases and a lot of “eyes on the kids.” But he acknowledged that improvements still need to be made.
“I know people are working hard, and I know they’re trying to do their best, but clearly we have to do better,” he said. “The goal here is that this doesn’t happen. I think we should aspire to that.”
The Department of Children and Families said six children lived in the Auburn home, including another foster child and the mother’s three children. All were taken into state care Saturday.
Officials said the apartment has been licensed as a foster home since last year and six other foster children had previously lived there.
Secretary of Health and Human Services Marylou Sudders said Monday that her office has begun an internal investigation. She said that since December 2013 there has been a 30 percent increase in the cases being handled by the DCF, the highest ever.”
Auburn home searched as second foster child in ‘dire’ condition [WVCB 8/19/15]
“A toddler who is in dire condition after being taken from an Auburn foster home last weekend was found with skin that was hot to the touch and an elevated temperature as well as bruising that may be consistent with a seat belt harness, according to two people familiar with the case.
The symptoms suggest the 22-month-old foster child may have had hyperthermia, the medical term for being greatly overheated, the people said. Authorities have not said how the child may have become overheated, or identified the cause of death of a 2-year-old foster child who was also found unresponsive in the home Saturday.
Temperatures in the area were in the 80s at the time. Authorities towed away the foster mother’s SUV on Sunday, but have not divulged why. They executed their third search of the house on Wednesday.
No charges have been filed, and the case remains under investigation by Auburn and State Police, and by the state Department of Children and Families.
The sister of the foster mother strongly defended her sibling on Wednesday, saying the mother treated her children “with the highest level of care, love, and kindness.”
“We can say with complete certainty the cause investigators will find will be nothing more than a complete freak accident,” the sister told WCVB-TV. “We are confident there is zero chance anything with intent or malice occurred.”
She said her sister has not spoken about the tragedy “due to her complete and utter devastation.”
“So quickly she went from a house filled with joy, laughter, happiness, and children one day to a state of sheer shock and destruction the next,” the sister told WCVB.
In addition to the 2-year-old and 22-month-old, the mother also had a 6-month-old foster child and three children of her own — two biological children ages 15 and 11, and a 9-year-old girl she had adopted. The children have all been taken into state custody and are well, officials said.
A state social worker visited the home last Wednesday, three days before the 2-year-old died and the 22-month-old was taken away in critical condition, but noticed nothing unusual, said one person with knowledge of the case.
The foster mother welcomed the children into her family and “raised them as her own,” said her sister.
She became a foster mother early last year and “took in these beautiful children under her wing to care for them while their parents did what it would take to be reunited,” the woman’s sister said. “She wanted to help them grow, learn, and live a happy life.”
Last week, the foster mother held a second birthday party for Avalena, the little girl who died, the sister said. “All of our family attended and showered her with gifts and love, as we do every child in this family,” she said. “Now, this little angel is celebrating with Jesus.”
A handful of unmarked cruisers arrived at the foster home on Wednesday morning, and plainclothes officers spent about an hour inside, accompanied by a crime scene technician with a camera. Police were seen leaving the home with two bulging brown paper evidence bags.
As they continue their search for answers, officials have disclosed that the mother’s boyfriend was not registered with the DCF as a person having interaction with the family. Under state rules, foster parents must notify the department if anyone older than 15 is living in, or spending significant time in, their home.
Florida court records obtained Wednesday indicate that the boyfriend, who is 33, pled guilty in 2005 to grand theft and to animal cruelty, both felonies.
A police report from his arrest on the animal cruelty charge indicates that he used a knife to cut the nose and throat of his roommate’s dog and then told his roommate to get him crack cocaine.
The roommate told police that the man “has a crack problem” and “also has a problem with anger and violence and was recently arrested for fighting,” according to the report.
In March, the boyfriend was arrested in Worcester after he and another woman allegedly pried $24 from a person’s hand. That case is pending in Worcester District Court.
Officials said it is not clear how much time the boyfriend spent with the children. Five neighbors interviewed Monday said they did not believe he lived there; one said he would spend time with the mother when the children went to day care. One neighbor said Wednesday that she had spoken to the boyfriend since the tragedy on Saturday. The boyfriend told her that he was sleeping on the first level of the home and woke up to screams, the neighbor said.
The boyfriend said he then saw the foster mother carrying an unresponsive child toward the front doorway of the home, according to the neighbor.
The neighbor said she believes the boyfriend and the foster mother have stopped talking since the death on Saturday. The neighbor said the foster mother was staying with her family, and friends are worried about her health.
Paul Jarvey, a spokesman for Worcester District Attorney Joseph D. Early Jr., said Wednesday that several key questions have not been resolved. He also said that the cause of death for the toddler has not been established because results of toxicology tests are still pending. “As the district attorney has said since Sunday, we are still looking for answers,’’ Jarvey said.
The second toddler removed from the home remains in critical condition, Early said Tuesday. “The situation is dire,” he said.
The body of the toddler has been released to her biological family who held a memorial service for her in Marlborough Wednesday night that was attended by about 40 people, including the child’s biological mother, Jessica Conway.
“She was taken from us and our hearts are broken,” Conway told mourners during the two-hour service. “We can’t get her back, but we can keep her memory alive.” Conway shared the stage with folding white poster boards covered with photographs and images of the toddler. At the end of the ceremony, attendees released balloons into the open sky.
“We love you Ava!” they yelled, paying final respects to their sister, daughter, and friend.
Neighbors told The Latest Worldwide News that the two children both were seen with a severe rash on their arms last Thursday, a day after the social worker visited the home.
The Globe reported Tuesday that since 2008, police and emergency personnel responded to 28 calls to the foster home for reported assaults, threats, breaking and entering, a domestic disturbance, and medical emergencies. In addition, authorities were called 35 times to two homes in Auburn where the foster mother lived between 2004 and 2008.
State officials have pointed out that most of the calls occurred before the mother became a licensed foster mother last year.
“It’s sad,” said a neighbor. “She was a good mother.””
Police Complete third Search in Auburn Foster Home Where two year old Girl Died [Boston Globe 8/19/15 by Michael Levenson and Astead W. Herndon]
Update 2:“Jessica Conway, the biological mother of a 2-year-old girl who died while in foster care last month, died of a suspected overdose Wednesday afternoon.
Worcester police said emergency crews were sent to an Orne Street apartment after getting word of an unresponsive female inside. When emergency crews arrived, they found the woman, later identified as Conway, and took her to a hospital where she was pronounced dead around 3:40 p.m.
Police spoke with Conway’s family and collected evidence at her apartment and believe her death was caused by a drug overdose, but the exact cause of death won’t be known until an autopsy and toxicology tests are performed.
Conway was the mother of Avalena Conway-Coxon, who died last month while in foster care at the Auburn home of Kim Malpass.
Conway said she lost custody of Avalena more than a year ago while she battled addiction and had harsh words for Malpass shortly after her daughter died.
“Where were you? How does this happen?” Conway said at a news conference last month. “I hope something is found out and she can no longer have foster children. She should feel the pain that I feel. God help me, I want her to feel that pain.”
Avalena was pronounced dead at a hospital after being found unresponsive along with another child at Malpass’ home.
“I want the world to know that my daughter was beautiful and amazing,” Conway said. “She would have been an amazing child.””
Mother of child who died in foster care dies of suspected overdose [WCVB 9/2/15 ]
Update 3: “Newly released police logs are providing more detail about the chaotic life of an Auburn woman whose foster child died in August. However, the documents don’t provide any insight to what killed that foster child and sent another to the hospital.
More than 80 incident reports and dispatch logs from the Auburn Police describe a range of 911 calls related to addresses where foster parent Kim Malpass lived since 2002. The documents were released by Worcester District Attorney Joseph Early’s office, following a Freedom of Information request by WGBH News. They detail several reports from neighbors about concerns for safety of children in the home. But police responded to each of those calls and reported that nothing was amiss. The calls to police suggest ongoing feuds with at least one neighbor, including several allegations of harassing phone calls.
There are reports of stolen money and prescription drugs, and multiple medical calls, including one of a man possibly having a substance abuse overdose. A list of police interactions previously released by Auburn police showed reports of domestic abuse and assault allegations. Those files are exempt from the public record law and are not included in the documents released by the DA. Last month, Governor Charlie Baker suggested calls to 911 should be considered when vetting if a household is appropriate as a foster home.
Malpass has not been charged with any crime. Police says she is cooperating with authorities.
A spokesperson for the state office of Health and Human Services says they will release a full report on the Auburn case later this month.”
Police Reports Detail Chaotic Home Where Foster Child Died [WGBH news 9/15/15 by Craig LeMoult]
“The foster mother in whose care a 2-year-old child died last month has voluntarily left the subsidized housing unit on Pheasant Court.
An investigation continues into the child’s death. A second foster child in the home was found seriously injured at the same time.
Auburn Housing Authority Executive Director Lori Brennan said the foster mother, Kimberly L. Malpass, volunteered to turn in her keys and to leave the unit at 2 Pheasant Court.
Ms. Malpass, 34, reportedly housed her three children in the Pheasant Court apartment along with three foster children and her boyfriend, Anthony J. Mallett, also 34. She also occasionally babysat another friend’s child on the weekends. According to a family friend, that child was in the home on Aug. 15 when Avalena Conway Coxon suffered injuries that resulted in her death.
Ms. Malpass approached the housing authority about a week and a half ago to say she would leave the property, Ms. Brennan said. The housing director said because of that move, Ms. Malpass will not face legal action from the housing authority for violating terms of her lease. Officials previously said she had too many people living in the home, including her boyfriend, who has a criminal record.
An arrest record from December 2004 shows Mr. Mallett was sentenced in an animal cruelty case in Pinellas County, Florida. Court records said he cut the nose, tongue and throat of a 15-year-old dog. Mr. Mallett was sentenced to a 3 years of probation for the attack.
Ms. Brennan said it was an emotional moment when Ms. Malpass dropped off the keys at the office on Oxford Street several days ago.
After the Aug. 15 incident, state Department of Children and Families took custody of Ms. Malpass’ three children – 15- and 9-year-old boys and an adopted 9-year-old girl – as well as the 22-month-old foster girl who was seriously injured and a 6-month-old foster child.
“She told me that she was sorry and I said, ‘So am I,’ ” Ms. Brennan recalled. “To say she was beside herself in the conversation we had isn’t even the word for it. I think she gave me the impression she didn’t even understand what happened.”
Meanwhile, a statement Wednesday from the office of Worcester District Attorney Joseph D. Early Jr. said the investigation is continuing. No charges have been filed in the case.
The district attorney indicated there is no new information to provide on the case.
Midday on Aug. 15, Ms. Malpass reportedly yelled to her neighbors that two foster children in her home were unresponsive. The 2-year-old Avalena was pronounced dead later, and the 22-month-old girl remains in critical condition, according to Mr. Early’s office. It is not clear what happened in the moments before the foster mother sought help.
The younger injured child, who has not been identified and who will have her second birthday in a couple of weeks, is “medically stable” and has been moved to a rehabilitation facility, according to officials.
Mr. Early said in a statement Wednesday that investigators are waiting for results of toxicology tests from the state.
“This is a death investigation,” he said. “The completion of the autopsy, particularly the cause and manner of death, will go a long way toward answering questions about what happened to this little girl.”
DCF officials say a report will be made public at the end of the month regarding the death and the injury to the second child.
Ms. Brennan said Wednesday her workers are repainting the three-bedroom unit at 2 Pheasant Court. It will be opened soon to another family on the housing authority’s lengthy waiting list.”
Foster mother of dead toddler leaves Auburn housing unit [Worchester Telegram 9/16/15 by Samantha Allen]
Update 4: “Child welfare bosses moved to discipline two state workers after an internal investigation revealed multiple agency missteps before the death of a 2-year-old and the hospitalization of a 22-month-old living in an Auburn foster home.
Gov. Charlie Baker called the case a “blatant lack of oversight” by the Department of Children and Families at a midday press conference.
DCF reassigned a social worker and a supervisor — who now serves as a manager — to administrative duty while a disciplinary hearing date is pending, according to Health and Human Services Secretary Marylou Sudders.
DCF supported allegations of neglect against foster mother Kimberly Malpass on Aug. 21 — nearly a week after Avalena Conway-Coxon died and a little girl named Samara was hospitalized in critical condition. The agency also seized custody of Malpass’ three biological children and placed them with a relative, according to state officials.
Child welfare officials reported that medical findings suggest the children suffered heat stroke after prolonged exposure to high temperatures and doctors found bruising patterns that suggest Avalena may have been struggling against car seat restraints.
The night before Avalena died Malpass went out drinking with friends and later returned home drunk and was throwing up, Malpass’ boyfriend, who has a criminal history and was charged with watching the children that night, told DCF investigators. Malpass found the two toddler girls unresponsive the next day, according to DCF.
“In the case of the Auburn foster home, it shouldn’t have been a foster home,” said Baker. “There was just a policy breakdown there.”
The agency’s internal findings show DCF broke its own rules by allowing too many foster children under 2 years of age — three — in the home at one time and didn’t do a thorough background check and assessment of Malpass’ home, including abuse or neglect complaints against Malpass in 2008 and 2012. During the 2012 investigation, a school guidance counselor told DCF that Malpass’ was well known to the Auburn schools regarding chronic issues of neglect and “inter-generational neglect” but the report was never looked at before DCF licensed Malpass as a foster mother.
DCF also didn’t look at a report from 2008, when Malpass admitted to DCF she illegally put bills in her children’s names, or check with police, who could have provided information about the 25 calls to the home over a five-year period.
In March, DCF received reports that Malpass’ boyfriend, who used drugs and had been recently been charged with unarmed robbery, was living in the home, according to the internal investigation. But despite an investigator’s findings in April that the boyfriend was in the home, there was no increased oversight.
Social workers also failed to assess Malpass’ health and ability to care for foster children and even reported to DCF in 2008 that she had suffered kidney failure since she was 12-years-old, attended weekly therapy, took Xanax nightly and received Social Security Disability payments because she suffered from lupus and gout, according to DCF’s findings.
SEIU Local 509, which represents DCF social workers released a statement calling for accountability.
“Whether systemic challenges or individual action, any factor that plays a role in a tragedy must be fully investigated and addressed accordingly,” said union president Peter MacKinnon in a statement. “This case is no different, and we will continue to work with law enforcement and the Administration to ensure appropriate action is taken.””
Gov cites DCF’s ‘blatant lack of oversight’ in Auburn foster child’s death [Boston Herald 10/1/15 by Erin Smith]
“Avalena Conway-Coxon’s foster mother continually lied to investigators about her boyfriend living with her inside Pheasant Court home where the child and another young girl were found unresponsive in August.
Anthony Mallet, the boyfriend of foster mother Kimberly Malpass, even told investigators that he was taking care Avalena and foster child Samara, on Aug. 14, the night before the two girls were found unresponsive.
Malpass, he told authorities, was out drinking.
The report issued in the case by the state Department of Children and Families shows foster mother Malpass frequently denied that her now 33-year-old boyfriend, who has long criminal record, was inside the home.
“Mr. Mallet told the investigator that he had been living in the home for a year and a half and that Ms. Malpass and her children had lied to DCF about his presence in the home,” the report said.
The discovery of the lies and the fact that Mallet told investigators he had been staying at the 2 Pheasant Court home has officials saying they will be looking at the social media use by foster parents.
Based on the report, it was obvious Mallet and Malpass dated when officials saw pictures on Facebook.
Gov. Charlie Baker’s health and human services chief Marylou Sudders said DCF will now revise their policies to include checking Facebook pages and other social media to see if there are interactions “outside of … what they want us to hear.”
DCF officials were aware of what Malpass was posting on Facebook including pictures of her with Mallet, the report shows.
The mother of two other foster children living in the home told authorities on March 4 that Mallet was living at Pheasant Court. The mother said she knew Mallet used drugs and told authorities he was seen as the disciplinarian in the home, the report states.
A state worker checked the home the same day and saw a man upstairs, but Malpass refused to let the worker inside. Malpass told DCF officials the following day it was her brother.
The social worker and supervisor for the two foster children called J.E. and E.E. in the report said they checked Malpass’ Facebook and found pictures of Malpass and Mallet together.
“Both the supervisor and the social worker reported that the pictures reflected that the two were in a romantic relationship because there were hearts drawn around the pictures,” the report said. “The family resource supervisor stated at the meeting that it was not their practice to get information from Facebook about their family resource providers.”
A report alleging neglect on the foster child referred to in the report as “J.E.” was filed on March 5. A DCF investigator ran a background check on Mallet and discovered his criminal record. Mallet had been charged with unarmed robbery in April as well. Malpass bailed him out.
No increased oversight was added even though officials discovered Mallet’s presence inside the home and his checkered past, the report said.
Malpass continued to deny Mallet lived in the home even after a DCF worker mentioned the Facebook photographs and that all new household members and frequent visitors must be reported to DCF.
A DCF investigator eventually concluded Mallet was in the Pheasant Court home more than Malpass reported to them. Malpass, in late March, told DCF officials she was no longer in contact with Mallet.
But the report shows Mallet watched Avalena and Samara on Aug. 14. He cared for them, changed their diapers, fed them and put them to bed. Malpass was out drinking.
Malpass returned home drunk and began throwing up. Mallet, according to the report, told investigators he took two Xanax from Malpass’ pocketbook and went to bed.
The next day, 2-year-old Avalena and Samara were found unresponsive. Avalena died while the 22-month-old is now in a rehabilitation facility.”
DCF report: Boyfriend with criminal record was caring for Avalena Conway-Coxon who died in Auburn foster home [Mass Live 10/1/15 by Scoot J. Croteau]
“On Thursday, the Department of Children and Families and Governor Charlie Baker gave new details about the death of a toddler in foster care.
Two-year-old Avalena Conway Coxon died after being found inside the Auburn home where she lived. A second foster child, 22-month-old Samara, remains in critical condition.
DCF said the children suffered a heat stroke, which would indicate that they had prolonged exposure to a high temperature environment. Both children, along with a third, were foster children in the care of Kimberly Malpass, who also had custody of her own three children.
Malpass’ boyfriend, a convicted felon, was living with her at the time.
A state report on the death of a 2-year-old girl in foster care says the Department of Children and Families failed to properly assess the foster mother and evaluate risks to children in her care.
There were many instances of blatant lack of oversight by DCF staff,” Baker told our Sharman Sacchetti Thursday.
He went on to say he’s working to fix systemic problems in the agency.
“This is grunt work and grit to get to where we need to go and we’re going to stay with it and stay with it until it’s done,” the governor said.
DCF has since closed the foster home. Two of the individuals working for DCF on this case have been reassigned.
The Massachusetts Human Service Workers Union, SEIU Local 509, Chapter President Peter Mackinnon said that their thoughts and prayers go out to the family and they are working with law enforcement to ensure appropriate action.
“Without exception, child protection workers believe in accountability. Whether systemic challenges or individual action, any factor that plays a role in a tragedy must be fully investigated and addressed accordingly,” said Mackinnon.”
DCF: Auburn child in foster care suffered from heat stroke [My Fox Boston 10/1/15]
Update 5:Still no arrests!
“As Wayne C. Page stood before the duplex in a subsidized housing development where a foster child died two months ago, a passing tenant handed him a slip of paper.
A Pheasant Court resident rolled by slowly in a vehicle and called Mr. Page over and handed the chairman of the Auburn Housing Authority a tip reporting alleged misconduct by a neighbor.
The tip was welcome. This is the climate officials are looking to cultivate in the weeks since the death of 2-year-old Avalena Conway Coxon. Auburn Housing Authority officials have been outspoken in saying they didn’t know there was a foster home in one of their units. If they had, they would have done more to keep an eye on the property, they assert.
Another foster girl, who just turned 2, remains medically stable, though reportedly still in dire condition, at a long-term rehabilitation facility. The state Department of Children and Families released findings this month that both children likely suffered heat stroke the morning of Aug. 15. The case is under investigation. No charges have been filed. DCF said it does not know what led to the children overheating.
Mr. Page said he and his colleagues had no idea Avalena’s foster mother, Kim Malpass, had six children in her home at 2 Pheasant Court, plus her boyfriend, which put their unit over capacity. The boyfriend, Anthony J. Mallett Jr., is an ex-convict, which also violates housing policies.
Mr. Page, 58, said he wished there was more communication from the state. To fix that, he is advocating for new laws that would require DCF to send notices to housing authorities. He is also working with Auburn police and Lori E. Brennan, executive director of the Auburn Housing Authority, to place surveillance cameras in common areas around all five Auburn Housing Authority properties. An anonymous tip line has been set up for tenants, and there will be more inspections and manual license plate checks of parked vehicles with assistance from the Worcester Housing Authority. Mr. Page additionally has called on legislators to consider a reduction or elimination of 48-hour notice windows before inspections.
Mr. Page said he is communicating with state Sen. Michael O. Moore, D-Millbury, and other lawmakers to see what can be done. He added that he believes foster children don’t belong in the subsidized affordable housing because, he said, people in those units are those who need help and aren’t in a position to help others. Officials have confirmed no other foster children reside in town housing authority units now.
“I would rather just not have them in here,” Mr. Page said. “I know that sounds rough.”
Mr. Moore said he and Mr. Page plan to meet soon to discuss some of the housing authority’s ideas.
“I actually agree with him on the (48-hour window) issue. … We have to give some reasonable notice, but I do have some concern (when) we have to give that much notice,” he said last week. “I think additional communication from any venue in state government is a positive, whether it’s from DCF or others.”
Police Chief Andrew J. Sluckis Jr. said he has been in talks with housing officials about notifying them of calls to housing authority buildings. There were more than 60 emergency calls to Ms. Malpass’ various addresses at Pheasant Court units during her nine years living there.
“We’re worrying about what we need to do for these tenants,” Mr. Page explained. “I don’t want to see this go away or once it stops being talked about, disappear. … We have an obligation to take care of our children.”
Chief Sluckis said there are privacy limits on what police can share with landlords; domestic violence and calls involving juveniles or sexual assault will still be kept private, but more minor incidents like noise complaints or disturbances will be put on the authority’s radar, the chief said.
“That will only lead to a better quality of life for everybody that lives down there,” he said.
Raymond V. Mariano, the Worcester Housing Authority executive director, who will retire in July, said his agency helped advise the Auburn housing officials on ways to bolster security recently. He said in Worcester, the addition of security cameras reduced crime and beautifying properties helped tenants appreciate their buildings more. Auburn plans to put new siding on all of its buildings, starting with the former Malpass residence since the family moved out.
Since the initiation of a crackdown on housing policy violations in the last few weeks, Mr. Page said, officials have identified three of 20 units at Pheasant Court breaking the rules. The housing authority has initiated eviction proceedings for those tenants.
Some at Pheasant Court expressed mixed feelings about the changes. Sonia Guzman, who has lived at Pheasant Court for five years with her husband, Tony Guzman, said she felt increased security measures should have been implemented “years ago.”
“We have nothing to hide,” she said.
Mr. Guzman had a different take, voicing his concerns about a possible invasion of privacy. Rosa Sanchez, who moved to the complex in December, said she worried this would open up the authority to hassling tenants more than they deserved.
“I think that’s like being in a jail,” Mr. Guzman said.
The Housing Authority director, Ms. Brennan, 57, an Auburn native, said she oversees two family developments with 32 units and an estimated 54 children, as well as three elderly-housing developments in town. There is a waiting list of 200 applicants. If people won’t follow the rules, she said, there are others who will. She added that she hopes with more communication from agencies and a tip line, which will also offer after-hour emergency services to residents, a culture of silence will fade away.
“One tenant told me in front of the housing (authority) attorney that she knew about (Ms. Malpass) but she was asked not to say anything about the boyfriend,” Ms. Brennan said. “(At this point), if we get a tip, we should be able to act without notice.”
In addition to setting up cameras in the next few months, officials say they would like to build a memorial to honor Avalena’s life.
“Ava counts,” Ms. Brennan stressed.
DCF spokeswoman Andrea Grossman said in a statement last week that following the Auburn case, officials have revised their foster-parent evaluation policy to include more in-depth background checks.
“(DCF) is overhauling other elements as part of the (governor’s) system-wide reforms to fulfill its mission to keep children safe,” she said in an email.
The newly implemented tip and after-hours line for Auburn Housing Authority tenants is (800) 782-7463, a California based crime line called Wetip Inc.”
Auburn Housing Authority to keep closer watch in wake of foster child’s death[Telegram 10/12/15 by Samantha Allen]
Update 6:”The state’s medical examiner cannot determine what caused the death of 2-year-old Avalena Conway-Coxon, the child who was found unresponsive in her Auburn foster care home on August 15, according to the Worcester County District Attorney’s Office.
The autopsy report was completed on Avalena and the cause and manner of death were both listed as undetermined, according to a news release. No one has been charged in connection to her death.
Avalena and a 22-month-old girl identified in reports as Samara, were found by their foster mother, Kimberly Malpass, inside their …home in Auburn.
Avalena was pronounced dead at UMass Memorial Medical Center-University Campus. The second child is alive and in state custody.
Reports from the state Department of Children and Families said Avalena suffered heat stroke and the two children had “prolonged exposure to a high-temperature environment.”
The doctor’s report included in the DCF review reads:
“This would be expected to result from having been left unattended in a room or vehicle with excessive temperature. Petechial skin findings and bruising pattern concerning as they may have resulted from child struggling against car seat restraints, though pattern of injury not definitive. It is my medical opinion that this represents child neglect.”
Authorities continue to investigate the incident.”
Avalena Conway-Coxon Death: State medical examiner can’t determine cause of toddler’s death [Massachusetts Live 2/4/16 by Scott J. Croteau]
Update 7: “With the cause of death still a mystery in the case of a little girl who died last summer in an Auburn foster home, the family of Avalena Conway Coxon say they want answers.
They believe the girl’s former foster mother should be held accountable.
Six months after 2-year-old Avalena died on Aug. 15 at …, and another child was left in critical condition, officials say their investigation is still ongoing. No charges have been filed.
The search warrant filed for the property last August showed police focused on the foster mother – Kim L. Malpass, now 35 – and her live-in boyfriend, Anthony Mallett, amid their initial investigation.
An Auburn police officer wrote in his filing to search the home that he believed Ms. Malpass should be charged with child endangerment, causing bodily injury to a child and misleading police investigators. Officer Felipe Martinez said in Central District Court documents Ms. Malpass provided investigators with a shifting timeline; officers believed she had also instructed her 9-year-old biological daughter to lie about whether Mr. Mallett lived in the home.
Attempts to reach Ms. Malpass, who has since moved out of the affordable housing complex in Auburn, were unsuccessful.
District Attorney Joseph D. Early Jr.’s office said there were no updates in the case last week. Another 2-year-old foster child placed in a long-term care facility for injuries suffered that same day had “no change” in her condition, according to Timothy J. Connolly, a spokesman for the district attorney.
That child is identified in a state Department of Children and Families report only by her first name, Samara. Attempts to reach her family were also unsuccessful.
Avalena’s grandfather, David Coxon, 70, of Marlboro, is haunted by what happened last summer. His daughter, Avalena’s mother, Jessica A. Conway, died 2½ weeks after Avalena from a suspected drug overdose. Mr. Coxon said word of Ms. Malpass allegedly misleading investigators makes him question why she hasn’t been charged.
“From what I can tell, the DA isn’t killing himself on this one,” Mr. Coxon said this month after news the state medical examiner couldn’t determine a cause of death for his granddaughter.
A stalled case
Two search warrants executed at the home of Ms. Malpass in August show investigators searched for all drugs and medications in the home as well as thermostat and heating equipment; an Oct. 1 report from DCF showed officials believed the children were injured after being left in a hot room or vehicle.
Ms. Malpass and Mr. Mallett told officers they didn’t know what led to the children becoming unresponsive. Investigators noted in an affidavit the children slept close to the wall where they could have tampered with the bedroom’s heating.
Officials seized from the Pheasant Court home numerous items related to child care, including bedding and baby bottles. They also recovered several bottles of prescription pain medication, a “spoon with residue” and a “partial tablet.”
In search warrants, investigators indicate they had a difficult time getting a consistent story from Ms. Malpass.
Officer Martinez said she first told police Mr. Mallett, who had past convictions and was recently charged with an unarmed robbery, didn’t live with her, documents show. The DCF report also notes Mr. Mallett used drugs.
Ms. Malpass then told police she hadn’t been out drinking the night before the incident with friends. She said the day Avalena died, a neighbor and not Mr. Mallett watched the children. That statement was never corroborated, according to Auburn police search warrants, and police later confirmed Ms. Malpass had been out late and returned home intoxicated.
Mr. Mallett later told investigators, according to court records, that he was the person watching the children the morning of Aug. 15. Mr. Mallett also said he left the home before emergency responders arrived because he didn’t want officials to know he lived there.
Officer Martinez wrote that because of conflicting statements, and because Ms. Malpass seemingly told her 9-year-old daughter to lie to police about how long Mr. Mallett lived there, he had probable cause to charge the foster mother with misleading investigators.
Officers also took note of the same reddish rash that developed on both Avelena and Samara in the days leading up to the incident. Ms. Malpass said she had taken the other girl to a pediatrician, who said it was likely an allergic reaction.
Officer Martinez wrote he was also searching the home in August for evidence of any sort of poisoning – accidental or otherwise – that may have led to similar marks or a rash on the children. Investigators in the end said they didn’t find any materials related to that theory.
Digging up the past
Diane and David Coxon, Ms. Conway’s parents, say they can’t let go of the memory of how their daughter struggled with DCF months before Avalena died. The couple have now released records related to their daughter’s time in prison – they show what they call an injustice in DCF’s handling of the child while she was in state custody.
When Ms. Conway died at age 28 in early September in Worcester, her parents dug out logs that prison case workers kept for her. They showed missed appointments by Ms. Conway’s social worker and missed visits with Avalena when her mother was incarcerated first at MCI-Framingham, and then the South Middlesex Correctional Center in the same town. Ms. Conway, a recovering addict, was housed there in December 2014 on a larceny charge.
Ms. Conway said in previous interviews she was always concerned when she saw Avalena during jail visits with her assigned social worker. The little girl had matted hair, she said. Mrs. Coxon said sometimes she would see Avalena and her granddaughter’s coloring and personality would seem off.
Though an inmate typically has visitation with a child on a monthly basis, the logs show Ms. Conway saw Avalena just three times in the eight months she was incarcerated.
“Every time I saw her, she was filthy, she had mismatched clothes and her hair was a mess,” Ms. Conway said in an telephone interview last August. “It really bothered me.”
Mr. Coxon said his daughter hoped logs kept by contracted workers with the Department of Correction’s family preservation unit would prove the frustrations she had with the state. He said his daughter hoped she could use them to be reunified with Avalena. Ms. Conway had a family court hearing scheduled for September, just a few weeks after Avalena died.
Ms. Conway said in August she had been 10 months sober. Progress notes by the DOC reported Ms. Conway said she struggled with an addition to heroin as well as cocaine and methamphetamine for seven years. Avalena was removed by the state and placed with Ms. Malpass in September 2014, after Ms. Conway was caught using again in her halfway house in Worcester, she previously told the Telegram & Gazette.
Miscommunications with Ms. Conway’s social worker detailed in the inmate logs, including whether to put Avalena up for adoption, pained the young mother, her family said. Mrs. Coxon, 59, said she and Ms. Conway called DCF several times to say any plan for adoption was against their wishes.
At one point, the situation became so tense that jail workers intervened and banned Ms. Conway’s social worker from returning to the premises. The recorded inmate logs show the move in June came out of “safety concerns.”
Both spokesmen for the DOC and DCF declined to comment on that report in the logs.
Unable to move on
The 22-page DCF report released in the fall points to where DCF failed both Samara and Avalena.
Officials say they should have looked further into Ms. Malpass’ background, including that police had been called to her residence 25 times between July 2008 and December 2013. Waivers were not filed to allow Ms. Malpass to house more children than was allowed in her three-unit apartment, and workers should have taken note of questionable behavior, including that Ms. Malpass would sometimes open payment accounts in the names of her young biological children.
The Coxons say they still continue to seek justice for their daughter and granddaughter.
Seated in their Marlboro apartment, the pair said they often discuss the case and their disappointment no one has yet been held accountable for Avalena’s death. They blame the foster mother, Ms. Malpass, and allege she is at fault for negligence in allowing it to happen.
They said Ms. Conway’s first child, a boy, was taken away by DCF about eight years ago and adopted. That was a “wonderful experience” for the family then, Mrs. Coxon said, between the state and the adoptive family.
“That’s why, not for one minute, did I think any of this would happen,” she said.
The couple believe the stress of dealing with the state regarding the case of her child’s death killed Ms. Conway. As a recovering heroin and cocaine addict for so many years, Ms. Conway, who grew up in Maine before moving to Massachusetts, returned to substance abuse just after Avalena’s death. Her father guessed Ms. Conway likely returned to using as much as she had in the past when she was an active addict; with a lower tolerance, she overdosed, he said.
Avalena and her mother were cremated, their ashes buried in the same plot at Evergreen Cemetery in Marlboro. Though no gravestone is on the site, the family is working on making payments so a marble marker etched with Avalena’s image can be placed there.
Mr. and Mrs. Coxon referred to the case of Jeremiah Oliver, the 5-year-old Fitchburg boy found dead in a suitcase off a highway in the spring of 2014. Jeremiah fell off DCF’s radar, and they believe the same happened with their grandchild. Jeremiah’s cause of death was ruled “homicidal violence” the same day an undetermined cause of death was announced for Avalena by the medical examiner’s office.
Mrs. Coxon said she is eager for developments to honor Avalena, but Mr. Coxon reminded her they have to be practical, and patient.
“I keep telling Diane it’s (taken almost two years) for Jeremiah’s case,” he said. “It’s not going to happen overnight.””
Family of foster child who died wants someone held accountable [Worcester Telegram 2/15/16 by Samanta Allen]
Update 8:“Kimberly Malpass, a foster mother in Auburn, has been indicted in the 2015 death of a 2-year-old girl, Worcester County District Attorney Joseph D. Early Jr announced Wednesday.
Malpass was also indicted in connection with injury of a second child in her custody.
A Worcester County grand jury handed up indictments on Tuesday, charging the 39-year-old with two counts of reckless endangerment of a child and one count of misleading a police investigation. She will be arraigned at a future date in Worcester Superior Court, the district attorney’s office said.
Avalena M. Conway-Coxon and a second toddler, who was 22 months old at the time, were found unresponsive in Malpass’s home on Aug. 15, 2015, the district attorney’s office said.
Both children were taken to UMass Memorial Hospital, University Campus, where Conway-Coxon was pronounced dead. The second child was initially listed in critical condition and was in a coma for several weeks, the district attorney said. She suffered life-long injuries. The toddlers both showed symptoms of heat stroke, Early’s office said.
The Office of the Chief Medical Examiner was not able to determine the cause of death for Conway-Coxon.
The birth mother of Conway-Coxon died of an apparent overdose in September 2015.
Anthony Mallet, the boyfriend of Malpass, told investigators in 2015, that he was taking care Conway-Coxon on Aug. 14, the night before the two girls were found unresponsive.
Malpass, he told authorities, was out drinking.
A report issued in the case by the state Department of Children and Families shows Malpass frequently denied that her now 33-year-old boyfriend, who has long criminal record, was inside the home.
The indictments, Early’s office said, are the result of a lengthy investigation by the State Police Detectives assigned to the District Attorney’s Office and Auburn Police.”
Foster mother Kimberly Malpass of Auburn indicted in 2015 death of 2-year-old Avalena Conway-Coxon
[Mass Live 6/3/2020 by Michael Bonner]
Update 9:“A Massachusetts woman faces charges in connection with the 2015 death of a 2-year-old foster child in her care and injuries to a second toddler in her custody, prosecutors say.
Kimberly Malpass, 39, of Auburn, is scheduled to be arraigned Tuesday on reckless endangerment of a child and misleading a police investigation charges, according to a statement from the office of Worcester District Attorney Joseph Early Jr.
Both children were found unresponsive in Malpass’ home on Aug. 15, 2015, authorities said.
They were taken to the hospital with symptoms of heat stroke where Avalena Conway-Coxon was pronounced dead.
The second child, who was 22 months old, was in a coma for several weeks and suffered lifelong injuries, according to the district attorney’s office.
The state medical examiner was unable to determine the cause of Avalena’s death.
A review of the case by the state Department of Children and Families found a “policy breakdown” that led to the licensing of the foster home.
It could not immediately be determined if Malpass had an attorney.”
Auburn woman charged in death of foster child, 2, in her care
[Boston 6/23/2020 by AP]
Here’s a question: Why can’t mothers with drug problems receive treatment in a halfway house WITH a daycare for their kids? They could receive parenting training at the same time, while being constantly under the eyes of mandated reporters.
If you factor in not only the cost of compensating foster parents, but court costs for reunification petitions, vetting, training and monitoring foster parents, and all the associated paperwork with schools and daycare centers, I don’t think such a program would be any more expensive than our current system.