Maine Department of Health and Human Services Commissioner’s Office 11 State House Station 109 Capitol Street Augusta, Maine 04333-0011 Tel.: (207) 287-3707; Fax: (207) 287-3005 TTY: Dial 711 (Maine Relay) Janet T. Mills Governor Jeanne M. Lambrew, Ph.D. Commissioner MEMORANDUM FROM: Jeanne M. Lambrew, Ph.D., Commissioner SUBJECT: Marissa Kennedy DATE: February 21, 2020 Under state and federal law, child protection services’ information is generally confidential. These laws protect the privacy of children and families receiving services from the Department, those who report allegations of child abuse and neglect, victims of domestic violence, and others. These laws also ensure the integrity of any ongoing investigations. State and federal laws make an exception in the case of child fatalities resulting from abuse. In those cases, the Department may disclose certain categories of otherwise confidential information. Still, the Department must abide by confidentiality protections even in instances where child welfare information has been made public through other means, including through the prosecution of criminal cases. Now that there have been convictions for murder in the death of Marissa Kennedy and the sentences have been imposed, there is no longer a risk of jeopardizing the criminal investigation or proceedings. As such, the Department is disclosing statutorily allowed summary information regarding the involvement of Maine’s Office of Child and Family Services (OCFS) in the life of Marissa Kennedy. The full case file detailing the Department’s involvement with Marissa Kennedy has been provided to outside entities authorized under statute to review confidential information, including the Maine Child Welfare Services Ombudsman, the Office of Program Evaluation and Government Accountability and the Maine Child Death and Serious Injury Review Panel. The tragic death of Marissa Kennedy, along with that of Kendall Chick, sheds long overdue light on Maine’s child welfare system. While we have further to go, we are on a path to reform and progress. We maintain our commitment to transparency and learning from the past as we strive for a system that promotes safety, stability, health and happiness for all Maine children and families. Child’s Name: Marissa Kennedy Child’s Age at Time of Death: 10 years Child’s Caregiver(s) at time of death: Mother, Sharon Carrillo and step-father, Julio Carrillo History of Reports to Child Protective Services and Actions Taken in Response: • • On 10/17/16, the Department received a report regarding Marissa Kennedy. The reporter worked in Marissa’s school and called to report that Marissa had been absent from school five days that were unexcused. The reporter indicated that Julio Carrillo, the child’s stepfather, told the school that Marissa was missing school to receive mental health treatment. The reporter said that school staff had not seen any of the behavioral issues reported by Marissa’s step-father. The Department determined it was not necessary to send this report on for further formal child protective assessment and no further action was taken. On 12/6/16, the Department received a report regarding Marissa Kennedy. The reporter worked in Marissa’s school and reported that Marissa had had several more unexcused absences. The school’s truancy protocol had been started but there were concerns that the family was not returning phone calls and Marissa was continuing to miss school. The caller also reported that school personnel had been to the house to meet with the family on several occasions regarding truancy. Neighbors told school personnel that they were glad school personnel had come, because the neighbors had heard a lot of yelling in the home. Also on 12/6/16, an additional report was received from a mental health clinician. The clinician expressed concern for the family based on the reported behavioral and mental health issues of both Sharon and Marissa. Based on the information contained in the two reports, an assessment was opened by the Department. A third report was received on 12/7/16. The reporter was the same clinician who had made the report a day prior. The clinician reported that both Marissa and Sharon were seen for crisis evaluations. The clinician reported that the crisis evaluation for Sharon recommended inpatient services, but no bed was available. The clinician also indicated that Julio had become upset during the crisis evaluation because the family was separated, and because the provider was recommending hospitalization for Sharon. These reports were determined to be appropriate for assessment and an assessment was opened. o During the assessment, a different clinician called to report that she had been seeing Marissa due to mental health concerns. This clinician reported an incident where Julio accused the clinician of forcing Marissa to speak with her alone. The clinician reported that both Marissa and Sharon seemed upset when Julio made these accusations. o On 12/9/16, the caseworker interviewed Sharon, Julio, and Marissa as well as observing the younger child in the home.  Sharon discussed her mental health and resulting concerning behavior in the home. Sharon indicated she had an appointment for medication management and counseling  Julio discussed the impact of Sharon’s mental health on the children. He indicated Marissa also experienced mental health issues.  Marissa reported no worries about her home or family. The caseworker reported that she was smiling and happy during the interview. Marissa stated that if something worried her she could talk to her parents.  Julio and Sharon signed releases for Marissa and Sharon’s medical and mental health providers. 2 o On 12/12/16, the caseworker sought to obtain records regarding any interaction the family may have had with child welfare officials in New York (where they resided before moving to Maine in the summer of 2016). On 12/30/16 that search returned a result from New York that none of the family members were known to child welfare staff in New York. o The caseworker spoke with multiple providers and school personnel during the course of this assessment:  A referral was made to Public Health Nursing. The family had at least one visit with the assigned nurse in early January of 2017.  On 12/12/16, Marissa’s case manager indicated that Julio dominated conversations and wanted the family kept together for any discussions.  On 12/15/16, school personnel reported continued concerns regarding truancy. School personnel reported that the parents had told them that Marissa often missed school due to medical appointments.  On 12/15/16, Marissa’s clinician reported that there had been a meeting with Julio and Sharon to discuss individual therapy for Marissa. After the meeting, the family talked amongst themselves and Marissa told the clinician that she did not want to see the counselor and did not want to meet with the provider by herself. Sharon then stated that she and Julio had decided to move Marissa’s care to a different provider.  Also on 12/15/16, Sharon’s providers stated that she had terminated all her services with them, but Marissa’s case manager was still assigned. Providers reported that they were concerned that Julio didn’t allow Marissa to meet alone with any provider. o The caseworker visited again with the family on 12/16/16. Sharon reported having a new primary care physician and Julio reported the family planned to begin family counseling at the new doctor’s office. The caseworker discussed with the family the importance of Marissa attending school. o On 12/20/16, the caseworker talked with Julio, who said the family had attended a meeting with the school the day before to put into place a plan to address Marissa’s truancy. o On 12/30/16, school personnel spoke with the caseworker and reported they were concerned about Marissa during the school break. School personnel confirmed that Sharon and Julio had met with them on 12/19/16 but reported that Sharon and Julio were not genuine in their desire to engage with the school and ensure Marissa attended school. o On 1/4/17, Marissa’s case manager spoke with the caseworker and reported that Marissa was still engaged in case management but had missed several appointments. The case manager also reported Marissa had missed a 1/3/17 appointment for medication management. o On 1/4/17, the caseworker visited with Sharon and Julio (Marissa was at an afterschool program). The family confirmed that Public Health Nursing was coming to the home later that week. Sharon and Julio reported that Marissa seemed to be doing better. 3 • o 1/10/17, the Public Health Nurse assigned to the family called and spoke with the caseworker. The nurse indicated that Sharon and Julio were open to Public Health Nursing and that the nurse observed no major concerns during the initial visit. o 1/12/17, the Department sent a closing letter to the family stating that the assessment was being closed with no findings of abuse or neglect. The letter expressed concern that Sharon’s mental health, if not addressed, could cause the Department to become involved again. o On 4/4/17, a report was added to this closed assessment. The reporter worked at Marissa’s school and called to report that both the school and Marissa’s primary care physician were concerned about the family. Marissa had continued to miss school and discrepancies were noted in the family’s explanations for her absences. Julio had reported that Marissa was hospitalized, but her doctor was not aware of any hospital admission. School personnel also reported they had been to the home and talked with neighbors who said they were worried about the family but did not want to share additional information. On 4/4/17, the Department received a new report from Marissa’s mental health clinician. The clinician reported that on 4/3/17 the family came for Marissa’s intake appointment with the provider. During the appointment, only Julio spoke. He reported mental health concerns about both Sharon and Marissa. The clinician wrote a note excusing Marissa from school for the time of the appointment (the morning of 4/3/17). On 4/4/17, the school spoke with the clinician and reported that Marissa had missed all day on 4/3/17 and was again absent on 4/4/17. The clinician then asked the police to perform a welfare check. The police reported back that Marissa was at home and Julio told the police that Marissa was sick. The clinician was concerned that Julio had lied to both the school and the police. This report was assigned to an OCFS prevention worker. o On 4/5/17, the prevention worker spoke with school personnel who reported ongoing concerns regarding absences. They also reported that Marissa told school personnel that she was not supposed to talk to them. Additionally, school personnel reported that on 4/5/17 staff had spoken to Marissa, who said she felt safe at home. When Sharon came to the school to pick Marissa up that day, the school staff indicated that Marissa wished to stay for an afterschool program. Sharon said she needed to discuss this with Julio and school staff went to get Marissa. School personnel reported that Marissa then talked with her mother and they subsequently both ran from the school and got into a car with Julio. o On 5/16/17, the Department received a new report from Marissa’s Primary Care Provider about concerns regarding medical neglect. The provider reported that the Julio and Sharon indicated that Marissa had significant behavioral and mental health needs. Julio and Sharon were saying they needed services to address these needs but were not following through and were instead taking Marissa to the emergency room. o On 5/17/17, the Department received a report from Marissa’s mental health clinician. The clinician reported that on 5/16/17 Julio cancelled Marissa’s appointment saying they were going to the Emergency Room due to Marissa’s mental health. The clinician reported no record of an ER visit on 5/16/17. o On 5/17/17, the Department received a report from an officer from the Bangor Police Department. The officer reported that police had been called to conduct a 4 • welfare check on the children. The individual who requested the welfare check stated that they could often hear a male yelling. The officer was not able to make contact with the family. o On 5/18/17, the Department received a report from the same reporter who requested the welfare check. The individual reported she had heard the mother screaming and the father telling her to “shut up” and calling her “retarded.” o On 5/31/17, the Department closed the prevention matter due to a new report received 5/26/17. On 5/26/17, the Department received a new report from school personnel who reported that Marissa had 29 unexcused absences. The truancy protocol had been followed and expectations had been set with Julio and Sharon. Marissa then missed 19 additional days. This report was determined to be appropriate for assessment and an assessment was opened. o On 5/30/17, the Department gathered local police department records regarding the family. Police had been called twice regarding reports of family fighting in 2016. They conducted a welfare check on 4/4/17. On 4/24/17 a neighbor reported yelling in the home. When the officer arrived, Julio told him they had just received an eviction notice and Sharon was upset, according to police records. On 5/16/17, police attempted to conduct a welfare check on the children but could not locate the family. On 5/24/17, the police received a complaint of Julio punching a child in the leg and yelling at her while in the family vehicle. Police responded but the family had left by the time they arrived. The police spoke with the complainant, who said Sharon was crying and Julio abused Sharon and Marissa on a regular basis. The complainant also reported that everyone in the building was afraid of Julio. o On 5/31/17, the caseworker called and made two unannounced visits to the family’s home. Sharon called back later that day and a plan was made to meet with the family on 6/1/17, and for the caseworker to interview Marissa at school first and then meet with the rest of the family at home. Soon after that call, Sharon called back to report that Marissa had a “nervous condition” and wouldn’t talk to those she didn’t know. Sharon requested that she and Julio be present for the interview. The caseworker explained the need to talk privately with Marissa. o Also on 5/31/17, a new report was received from the individual who requested the previous welfare check by police. She reported that several days prior, police had been called to the home due to a neighbor witnessing Julio hitting Marissa twice in the leg while in the car. She reported that Sharon was also in the vehicle. The reporter stated that she wanted to make sure this information was reported to the Department. The caseworker called the reporter and discussed concerns about the family. The reporter reiterated that she had heard Julio yelling and family members crying. o On 6/1/17, the caseworker met with Marissa at school and the rest of the family at home.  Marissa reported she didn’t feel comfortable without her parents there. When the caseworker tried to discuss this further with Marissa, Marissa stared at her and provided no response. The caseworker observed Marissa to be shaking at times during the interview. The caseworker asked Marissa 5 what Julio and Sharon had told her about the interview and Marissa said she “didn’t know.”  After the interview, the caseworker spoke with school personnel, who reported the truancy agreement was not being met and that Marissa’s parents had not allowed her to participate in field trips all year. School personnel also reported that the family had requested a different school for the following school year.  The parents were interviewed separately.  Sharon reported concerns regarding Marissa’s mental health. Sharon said Marissa’s absences from school were due to Marissa’s appointments. The caseworker asked for a release to talk to Marissa’s primary care physician and Sharon said she’d have to ask Julio because they make all decisions together. The caseworker asked why Julio and Sharon did not permit Marissa to participate in field trips and Sharon stated that they were worried about Marissa passing out due to low weight. Sharon denied withholding school as punishment. Sharon was asked about reports that there was fighting and yelling in the home on a regular basis. She stated that she would sometimes yell, scream, and curse. She also stated that she knew it was not right to do this in front of her children. Sharon expressed concerns regarding her own mental health. Sharon stated that she planned to find a doctor to meet her needs.  Julio denied hitting Marissa and said he was unable to identify why someone would report that to police. He discussed Marissa’s mental health which he stated made her difficult to manage. Julio denied any physical discipline but said that he would hold Marissa during a tantrum to calm her down. He attributed Marissa’s absences from school to appointments and said that the school also pulled Marissa out of class to talk about things she did not want to discuss, causing Marissa to want to avoid attending school. When asked about field trips, Julio reported that Marissa had conflicting appointments or didn’t want to participate. He did admit to yelling after confronted with multiple reports of a male yelling in the home but denied any domestic violence in the home.  Julio and Sharon discussed with the caseworker that they were being evicted from their apartment and were looking for a new place to live.  After the interviews, the caseworker noted no findings or signs of danger but “a lot of worries about DV by Julio” due to numerous reports of him being controlling and yelling, and not allowing Marissa and Sharon to meet with providers alone. o On 6/2/17, the caseworker spoke with an assistant for the children’s Primary Care Provider. Marissa was up-to-date on vaccinations but in need of a well child checkup. The doctor had noted concerns about medical neglect, as the family was not following up on the doctor’s recommendations for mental health services for Marissa. o Also on 6/2/17, the caseworker spoke with Sharon’s father. He reported he hadn’t had much contact with the family since they moved to Maine. He reported that Marissa and Sharon had lived with him and his wife for many years and they 6 o o o o o o o helped raise Marissa. He reported Marissa had become very cold to them when they saw her. He also reported that Julio was very controlling and wouldn’t let Sharon speak with him and his wife unless Julio was monitoring in the background. The caseworker told Sharon’s father that there was not currently a reason for the Department to have an open case with the family but that the assessment period was 35 days. The caseworker also relayed that Marissa wouldn’t talk to the Department or school personnel. The caseworker stated that Marissa was otherwise performing well in school. Sharon’s father reported he would be in Maine in two weeks and was willing to meet with the caseworker if needed. On 6/5/17, the caseworker called to check on the referral for case management services for Marissa. The provider reported that they would be reaching out to arrange services. On 6/7/17, the caseworker spoke with Julio, who said Marissa was experiencing a mental health crisis. Julio reported he believed this was due to Sharon’s father and stepmother sending Marissa messages. On 6/9/17, school personnel reported to the caseworker that Marissa had been sleepy all week. Sharon told the school it was due to a new medication and provided information about the medications that Marissa was taking. Both the school and Marissa’s Primary Care Provider had concerns about whether the medication list provided by Julio and Sharon was accurate and school personnel had advised Sharon to verify the medications and doses with the hospital due to Marissa’s behavior. On 6/12/17 and 6/13/17, the caseworker spoke with Marissa’s Primary Care Provider regarding concerns about Marissa’s medications. The provider also reported concerns regarding the family’s dishonesty about which providers Marissa was seeing. On 6/12/17 and 6/13/17, the caseworker reached out to the family to follow up on the caseworker’s 6/7/17 call with Julio. The caseworker made contact with Julio on 6/13/17 and Julio told the worker that he and Sharon were at home and the caseworker could come to the home to meet with them that day. On 6/13/17, the caseworker met with Julio and Sharon. Julio reported Marissa had been harming herself due to attempted contact by Sharon’s stepmother. Julio reported he had gotten a court order against the stepmother due to harassment. Julio reported they were waiting on medication management services for Marissa and had missed the first appointment with Marissa’s assigned case manager. Julio attributed Marissa’s sleepiness at school to mental health issues that disturbed her sleep. Julio stated that the family was being evicted from their apartment due to excessive police calls to the home, which he attributed to Sharon’s mental health. Sharon did not speak during this meeting. On 6/16/17, the caseworker spoke with Marissa’s assigned case manager who reported she had met with the family that day. The caseworker explained the Department’s concerns regarding domestic violence; Julio not allowing Marissa or Sharon to speak privately with providers; and about inconsistencies in their statements about services, appointments, housing, etc. The case manager reported that Marissa wouldn’t talk to her and she was very concerned about Marissa’s 7 • demeanor. The case manager also reported that Sharon did very little talking and didn’t want to sign any releases. o On 6/20/17, the caseworker spoke with Julio to get an update on their eviction. Julio reported they were able to negotiate an extension to 7/31/17 as long as there were no more noise complaints. o On 6/26/17, the caseworker received a message from Julio reporting that Marissa was in crisis and requesting the caseworker come to the home. The caseworker viewed the message on 6/27/17. The caseworker had learned from the case manager that Julio and Sharon were trying to get Marissa placed for inpatient mental health services. Julio and the caseworker spoke again on 6/28/17 and Julio reported he thought Marissa needed inpatient services. Julio requested that the caseworker talk to Marissa about the possibility of being hospitalized if her behavior continued. The caseworker declined and advised Julio to call crisis services for assistance. The caseworker also encouraged Julio to reach out to Marissa’s case manager. On 6/29/17, the caseworker told Marissa’s case manager that the plan was to assign the family to the Alternative Response Program (ARP). The case manager reported she had to close Marissa’s case due to being unable to complete the assessment within 30 days. The case manager reported that the family had cancelled 3 appointments but that a new referral would be made to resume case management. The case manager reported Julio had called on 6/28/17 regarding Marissa and that he had been given the same recommendation (to call crisis). o On 6/29/17, the Department sent a letter to Julio and Sharon stating that their assessment would be closed. The assessment was closed with no findings of abuse or neglect, but the letter expressed ongoing concerns regarding Marissa missing school and the failure to follow up on medical and mental health care for Marissa. The letter stated expectations for the family which included mental health services for Marissa and following all provider recommendations, as well as obtaining mental health services for Sharon to address conflict in the home. The letter also indicated that the caseworker planned to make a referral to ARP for ongoing monitoring and support. o On 7/5/17, the Department received calls from the hospital and Marissa’s case manager reporting that Marissa had been hospitalized but Julio and Sharon wanted her discharged because they had been evicted and were moving back to New York. The provider was aware that the Department had been involved with the family. The caseworker explained that the Department was closing the assessment and had no objection to discharging Marissa to her mother’s care. The caseworker then tried to call Sharon twice on 7/5/17, but the call could not be completed. o On 7/12/17, the Department spoke with Marissa’s case manager who reported that the hospital social worker had called her to report that Julio and Sharon were seeking a refill of Marissa’s medication and had taken her to the ER on several occasions seeking medication for Marissa. o There are no further entries in this assessment. On 7/10/17, the Department received a report from the hospital that Sharon and Julio had brought Marissa to the ER for each of the previous 5 days but left before a plan could be 8 • made or services could be offered. The reporter also relayed concerns that the family had been evicted from their home. This report was referred to an OCFS prevention worker and there is limited information in the record until 9/7/17, which indicates one visit and many phone calls were attempted without reply. The record indicates that the family had moved to Stockton Springs. Multiple signs of risk with the family were noted and the family did not respond to the OCFS prevention worker’s attempts to make contact. On 9/1/17, the Department received a report from a mental health clinician who stated that Marissa had been hospitalized 3 times in 6 weeks for behavioral issues. Marissa had also been seen in the ER 7 times. The reporter stated that while hospitalized Marissa displayed no concerning behaviors, which indicated that Marissa could safely reside at home with the appropriate services. The reporter further stated that Sharon and Julio were not following through with services and referrals or responding to calls from referred providers and had not appeared for several appointments when Marissa was discharged from the hospital. Julio and Sharon were not able to provide a reason for their lack of follow up. This report was referred to ARP. o On 9/5/17, the ARP worker spoke with Sharon, who said she would call the worker back. o Also on 9/5/17, a new report was received and added to the ARP record. The reporter was a mental health provider for Marissa who said she had written permission speak with Sharon’s stepmother regarding Marissa. The stepmother had expressed concern that Sharon and Julio were not giving Marissa her prescribed medication. The stepmother stated that the family appeared to be having difficulty parenting three children due to Sharon’s intellectual impairment. She expressed that Julio appeared to be paranoid. o On 9/6/17, the ARP worker sent a letter to the family asking for a call by 9/12/17. The ARP worker also conducted an unannounced visit to the home with no response. o Also on 9/6/17, ARP and the Department received notification that Marissa had been discharged from hospitalization with the recommendation that the family receive in-home services. Julio and Sharon had agreed to in-home services. o On 9/18/17, the ARP worker conducted an unannounced visit to the home with no response. o On 10/3/17, a clinician working with Marissa stated that Marissa had been hospitalized 4 times since July of 2017 and that Julio and Sharon did not follow up with recommended outpatient and in-home services. The reporter stated that both parents participated in family counseling when Marissa was hospitalized, and that Marissa was diagnosed with autism. o On 10/4/17, the ARP worker called Sharon and left a message. o On 10/9/17, a clinician at a mental health agency reported that she was supposed to meet with Julio and Sharon on 10/9/17, but Julio called and cancelled due to illness. In the background, the clinician heard screaming. The clinician asked Julio if everything was alright and Julio said that Sharon had been in crisis. The clinician reported that she told Julio to call police or take Sharon to the ER to be evaluated. Julio agreed to take Sharon to the ER. o On 10/10/17, the ARP worker called Julio and left a message. 9 • o A 10/11/17 entry indicates that ARP closed the case due to the client refusing services. On 10/18/17, the Department received a report from police that Sharon was struggling with her mental health and threatening to kill herself while holding a large knife. The younger children were reportedly present in the home. Police stated that Sharon was at the hospital waiting to be evaluated and that she was two months pregnant. This report was referred to ARP. o On 10/20/17, ARP staff went to the home and met with Julio and the two younger children. Julio reported Sharon had had a “bad tantrum” and was hospitalized as a result. Julio reported Marissa was receiving treatment in a residential program. Julio reported that there was a plan in place to setup case management and counseling for Sharon. During this meeting Julio accepted ARP services. Both of the younger children were observed and appeared safe. o On 10/26/17, ARP staff met with Sharon and discussed services. Julio was at work during the meeting, but Sharon called him briefly to discuss housing. Julio indicated he planned to call a shelter. Sharon signed all paperwork and releases requested by the ARP worker. She said she had an appointment the next day to set up a new Primary Care Provider and mental health services. Sharon also stated that the family planned to engage in Targeted Case Management (TCM) for Marissa and case management for Sharon. Sharon stated that she and Julio had a strong relationship and that Julio was very supportive of her. She reported no history of domestic violence. Both of the younger children were observed and appeared safe. o On 11/13/17, the ARP worker tried to call Julio and Sharon, but the number appeared to be disconnected. o On 11/16/17, the ARP worker again tried to call Julio and Sharon, but the number appeared to be disconnected. o On 11/27/17, the ARP worker made an unannounced visit to the home. Julio came to the door and said the family had just spent 12-13 days in a shelter but had moved back into the home. The ARP worker reported to the family that she had called the case management provider and asked to speak with the provider that the family had referenced and was told no one worked there by that name. The family corrected the ARP worker and said the case manager worked for a different agency. The family signed a new release for that agency. Marissa was home from her inpatient placement and spoke briefly with the worker. The family reported Marissa would be returning to school the following day. o On 12/6/17, the ARP worker met with the family. ARP records indicate that Julio and Sharon reported that Marissa and Sharon were both receiving case management through a different provider and that they planned to also receive counseling through that provider. A release was signed for this provider. The family reported Marissa had been to the ER twice over the previous weekend. The family reported that Marissa calmed down while there and was sent home. Julio indicated that the case manager was doing a referral for Home and Community Treatment (HCT) services. Both of the younger children were observed and seemed safe. 10 o On 1/4/18, a new report was made by a medical provider within Sharon’s Primary Care Provider’s office. The reporter stated that Sharon had been hospitalized on 1/3/17 for suicidal ideation.. The reporter had met with Julio and Sharon at the hospital and was told that the children weren’t present for this incident.. The reporter stated that she wasn’t aware of any abuse of the children but wanted to make sure the Department was aware of the concerns given the ages of the two youngest children and the fact that Sharon was pregnant. o On 1/9/18, the ARP worker called to schedule an appointment with the family. Julio scheduled the appointment for that afternoon, but then rescheduled to 1/12/18. o Also on 1/9/18, the ARP worker called the case management provider for Sharon and Marissa as the ARP worker had received no response to a faxed release seeking Sharon and Marissa’s records. The case manager reported she didn’t have Sharon or Marissa’s name on her caseload list. o On 1/11/18, Sharon called to report that she had an appointment on 1/12/18 and couldn’t meet with the ARP worker. o On 1/12/18, Sharon’s counselor called the ARP worker to report that Sharon had been discharged due to cancelling one appointment and failing to appear for two others. The provider reported that Sharon had cancelled her appointment that morning and the ARP worker reported that Sharon had cancelled a meeting with ARP in order to go to the counseling appointment. The provider reported that Sharon had only attended two sessions since 12/15/17. o On 1/19/18, the ARP worker went to the home and no one was there. Julio texted the worker and reported they were running late from an appointment. The ARP worker’s meeting with the family was rescheduled to 1/24/18. o On 1/24/18, the ARP worker met with the family. The family reported Sharon had been discharged from mental health services. Sharon reported she had obtained a case manager, but Marissa had not yet begun Targeted Case Management (TCM). The family completed a referral form for TCM. Julio reported that Sharon continued to struggle with her mental health. The ARP worker completed a plan with the family with goals regarding TCM and HCT for Marissa and Child Development Services (CDS) for the younger children. The parents signed a release for the ARP worker to make a CDS referral. o On 2/2/18, Julio called the ARP worker to report Sharon was experiencing mental health challenges. Julio was advised to call police or crisis if needed and to speak with Sharon’s case manager. o On 2/5/18, the ARP worker referred the two younger children to CDS. o On 2/21/18, the ARP worker talked to CDS. CDS had done an evaluation on 2/20/18 for both younger children. There were concerns that one of the younger children was mimicking Sharon’s behaviors. o On 2/23/18, the ARP worker met with the family. Sharon, Julio, and Marissa were present. The two younger children were reportedly sleeping and were not observed. Marissa was next to Sharon and appeared tired. She had a bruise and small scratches on her left eye. The worker observed bruises on Marissa’s arms. Julio told the worker that Marissa had been seen by crisis due to self-harming behavior. The worker tried to speak to Marissa, but she appeared tired and fell 11 • • asleep during the meeting. Julio blamed Marissa’s presentation on her emotions. Sharon reported they were still waiting on case management for Marissa and counseling for Sharon. The family completed paperwork for referrals to a new case management provider for Marissa. The ARP worker discussed extending ARP services and the recent CDS appointment. o On 2/24/18, the ARP worker received a text from Julio indicating he planned to call crisis services for Sharon. The ARP worker replied and asked to be kept updated. o 2/26/18 – ARP closed the assessment because the Department became involved due to Marissa’s death. On 2/25/18, the Department received a report that Marissa was found deceased in the home with what were believed to be traumatic injuries. The younger two children were in the home when EMTs and the police arrived. The medical examiner determined Marissa’s death to be the result of homicide. The Department opened an assessment and substantiated allegations against Sharon and Julio for emotional abuse, neglect, and physical abuse of Marissa, and a threat of physical abuse and neglect of the two younger children in the home. The Department was granted custody of the two younger children, as well as a third child born while Sharon was incarcerated awaiting trial for the death of Marissa. Sharon and Julio were subsequently indicted and charged in the depraved indifference murder of Marissa Kennedy. Julio plead guilty to the charge in July of 2019 and was sentenced to 55 years in prison in August of 2019. Sharon was tried in December of 2019 and convicted of depraved indifference murder. 12