1-Year-Old Child Abused and Nearly Starved to Death, but State Department of Children and Families Did Nothing: Report

The state Department of Children and Families recently handled a child abuse and starvation case so poorly that the child nearly died, which led an advocate to say that "the institutional failures and omissions in this case are staggering and raise grave concern."

Now 2-year-old Dylan C., not the child's real name, needed extensive treatment for malnutrition and physical abuse after he was removed from the care of foster parents, Crystal and Donald Magee. In their backgrounds, the two either had prior criminal records or child protective violations, according to a scathing 73-page report on the case from the state Office of the Child Advocate.

Crystal is a cousin of Dylan C.'s biological mother, and he and his three siblings were removed from their mother's care and placed with the Magees in the summer of 2015 "due to concerns about chronic and escalating neglect."

Yet according to the report, Dylan C.'s care at the hands of the Magees was worse. And by the time he was removed from the foster home in Groton in November 2015, doctors found his condition to be shocking:

Dylan was described by doctors as "significantly emaciated.” He was so undernourished that he had
poor muscle tone and head control. Health care providers told the DCF Careline that day that at
nineteen months old, Dylan was “unable to walk, talk or feed himself.” He had loose skin on his body,
his ribs were very prominent, his eyes were sunken in and his temple muscles appeared wasted. He
had swelling in his face and hands. His left elbow was swollen, and he could not extend his arm
completely. His right wrist was swollen, and he had an old scar that appeared to be from a burn. His
hair and skin were extremely dry from malnutrition and low protein, and he had developed a fine hair
over his body that grows when a child is starving. At nineteen months of age he weighed only
seventeen pounds, less than he weighed when he was last seen by his pediatrician, seven months earlier.
Doctors noted that Dylan was so underdeveloped and delayed that he had to be treated as an infant.
Dylan was described as very weak, preferring to be held, and records note that while in the hospital
he would rest his head on whoever would hold him.

He had only been with the Magees for five months, and the list of these and other ailments he suffered from, such as broken bones, easily should have been detected by DCF employees.

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In fact, according to the advocate's report, "more than a dozen DCF employees across four different DCF units were responsible for ensuring Dylan’s safety and well-being in foster care" during those five months, but they all systematically failed the child on an epic scale.

Red flag after red flag was ignored or dismissed in the case, and welfare checks on the child were handled cavalierly or not at all, the report makes clear. Even Dylan's state-appointed legal counsel, a requirement in such cases, neglected to conduct an adequate investigation into the child's situation and well-being.

Crystal Magee was eventually arrested on charges of felony risk of injury to a child and intentional cruelty to a child, and only then did DCF investigate the circumstances surrounding the neglect and abuse, it but held no one sufficiently accountable, according to the report.

"Dylan’s near-death from starvation and abuse—a stunning event in a state-monitored placement for a child—could occur only as a result of the utter collapse of all safeguards," the report states, adding later:

The case investigation presents a concerning dynamic of adaptation to the abnormal—working day after day in a world of neglect and abuse, the risk is that a professional’s measurement, judgment, perception and evaluation of what is acceptable shifts. That so many eyes were on Dylan’s case and none pressed the alarm strongly to halt this tragic trajectory is a cultural warning sign that bears urgent attention by the public. The repeated failure to follow agency protocols, almost leading to the death of this child, raises concerns about the underlying reasons for these failures, how workload concerns or staffing may affect the quality of work, and how well agency protocols and expectations are monitored and enforced. As concerning are the repeated assertions regarding who has what job at the agency and with whom the buck stops regarding protecting the safety and well-being of children.

In a Hartford Courant story about the case, DCF Commissioner Joette Katz says that the department and those who worked on the case have taken responsibility for their failings, and that some employees have been disciplined.

However, though one employee who was involved in the case has since retired, no other workers have had their employment terminated, and state Senate Minority Leader Sen. Leonard Fasano, a Republican from North Haven, has called for Katz to resign.

“Anybody who has children will find this report chilling. This case provides a window into an agency that fails to follow the law and properly protect children. This is a problem of agency culture, and Commissioner Joette Katz must take full responsibility for this environment and the pattern of disturbing failures throughout multiple levels of her agency,” said Fasano in a statement.

He added, “We all know DCF handles some of the most challenging and sensitive situations involving vulnerable children in difficult family situations. But enough is enough. How many more tragedies have to happen before Connecticut realizes that Commissioner Katz has failed? She has no control over the department. The agency’s inability to follow laws meant to protect children, the practice of knowingly placing children with foster parents who have a history of abuse, and the complete failure to monitor and enforce agency protocols show a lack of leadership throughout the agency. Commissioner Katz is ultimately responsible for these failures, as are the Democrat legislative leaders who have stood with the commissioner in rejecting calls for agency reform."

Click here to read the full report from the state Office of the Child Advocate, and click here to read the full story on the Hartford Courant website.