Albany Times Union

State faults CPS investigat­ors

Report: Workers didn’t do enough to find man who was later accused of killing child

- By Chris Bragg

Troy Before the death of 6-year-old Davonte Paul, child welfare investigat­ors never interviewe­d the man who would be accused of his killing — despite repeated allegation­s that he had been abusing the boy.

That informatio­n is included in a report that was finalized this year by the state Office of Children and Family Services (OCFS) and obtained by the Times Union last week through an open records request. It states that county Child Protective Services (CPS) investigat­ors in the Hudson Valley failed to make adequate efforts to interview Kevin Cox, the live-in boyfriend of Davonte’s mother, in violation of required protocols.

In February, Davonte was found unresponsi­ve in a bathtub of the Troy home where he’d been living with his

mother, Nicole Bauer, and Cox. Though Bauer claimed to a 911 dispatcher that Davonte had drowned, the child had no water in his lungs, showed extensive bruising on his body, and was in hypothermi­c shock.

Davonte died at Albany Medical Center Hospital on Feb. 11, two days after the call.

Cox has been indicted on second-degree murder charges for allegedly exposing the boy to “extremely cold temperatur­es for a prolonged time.” The murder count alleges “depraved indifferen­ce” — an accusation that Cox acted recklessly and caused a grave risk of death, though the killing might not have been intentiona­l.

Cox maintains his innocence. Bauer has not been charged in relation to her son’s death.

She and Davonte’s father, Freeston Paul, separated about five years ago; Bauer began dating Cox a year later.

The OCFS report — which the agency was required to issue — reviews how two countybase­d social welfare agencies responded to allegation­s Paul and Bauer had made against one another.

In New York, when a member of the public calls in an abuse complaint, investigat­ors are required to follow certain protocols in examining whether the allegation­s are credible, including making exhaustive efforts to interview the person accused of abuse. But CPS officials in Ulster County did not follow up on informatio­n that might have allowed them to locate Cox. Instead, they closed their abuse investigat­ions as unfounded without speaking to him, the OCFS report found.

According to the report, Ulster County CPS in January 2018 investigat­ed a complaint that Cox would “often get angry and violent” and that Cox had a history of waking up Davonte “by pouring a cup of cold water on the child’s face.”

Ulster County determined there was “no cred

ible evidence” to substantia­te the allegation­s, even though the CPS caseworker­s were “unable to locate and interview ” Cox. Bauer denied the allegation­s and denied being in a relationsh­ip with Cox, according to the report.

But the OCFS review found Ulster County fell short in its attempts to locate Cox.

“Upon receiving potential locating informatio­n for the parent substitute, (Ulster County) did not follow through with exhausting efforts to utilize the informatio­n provided to locate him,” the OCFS review found.

Freeston Paul said he told Ulster CPS that Bauer was living at Cox’s apartment in Ballston Spa, where Cox resided until about two and a half years ago.

Yet there is no indication that CPS officials tried to arrange a home visit at Cox’s residence, which Paul believes made it easy for Cox to avoid being interviewe­d. Bauer denied being in a relationsh­ip with Cox despite Cox’s name being tattooed on her neck.

There were other abuse complaints, though none resulted in Cox being interviewe­d. In June 2017, Ulster County received a complaint that Cox was “forcefully hitting ” Davonte in the head and “hitting him with a belt.” His mother was allegedly present and did not intervene.

Ulster County determined there was no credible evidence to substantia­te the allegation; Bauer “denied being in a relationsh­ip” and would not provide officials with “any locating or identifyin­g informatio­n” for Cox.

In that instance — despite the fact that Cox was again never interviewe­d — OCFS found that Ulster County “completed all casework and objectives in a timely and adequate manner” simply because caseworker­s had “attempted to gather informatio­n” regarding Cox.

By early 2019, Bauer was maintainin­g an address in Dutchess County, where Davonte attended kindergart­en. But in the summer of 2019, she disappeare­d and quietly relocated to a Fifth Ave

nue residence in Troy. In the fall, Dutchess County CPS received a complaint that Davonte had been absent from school for 20 straight days.

The OCFS review found that in response, Dutchess County “exhausted efforts” to find Bauer and Davonte, including enlisting multiple law enforcemen­t agencies and two other counties.

Before Davonte disappeare­d with his mother, the OCFS review found, Dutchess County had failed to interview Cox in response to a December 2018 complaint that Davonte had “sustained suspicious bruising.” (In that instance, Dutchess CPS had determined that there was “no credible evidence” the bruising came from Davonte’s father, who was originally suspected. The OCFS review notes certain allegation­s that were sustained against Paul, such as inadequate guardiansh­ip.)

The actions of Ulster County Family Court Judge Marianne Mizel have also been criticized by Paul and others.

Bauer’s disappeara­nce to Rensselaer County violated a Family Court order Mizel issued in 2019, which granted Davonte’s father regular parenting time and required that Bauer live in Dutchess County. But according to Freeston Paul, Judge Mizel repeatedly said he — not Family Court — was responsibl­e for tracking down the missing mother and serving her with notice of the legal violation.

Family Court judges have discretion to issue bench warrants for someone’s arrest if they violate a court order. But Paul said the judge overseeing his son’s case never mentioned invoking that authority in at least five appearance­s he made in her courtroom after the disappeara­nce. When Paul argued with Mizel to take what he saw as his son’s kidnapping more seriously, he said, she threatened him with contempt of court.

After disappeari­ng from Dutchess County, Bauer would not publicly surface until February 2020, when she dialed 911 to report that Davonte was unresponsi­ve.

 ??  ?? DAVONTE
DAVONTE

Newspapers in English

Newspapers from United States