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CBS 11 NEWS
Mother Files Lawsuit In Foster Care
Death Case
December 12, 2006
Jack Fink Reporting
Click here for video
(CBS 11 News) DESOTO The biological
mother of the six-year-old girl who died in foster care last week
has filed a $15 million lawsuit against the foster family and the
two companies that licensed the home.
According to police, Katherine
Frances died after being body slammed to the floor four times by her
14-year-old foster brother.
In the lawsuit that Marbella
Frances has filed, she and attorney Domingo Garcia are asking that
the District Attorney file corporate criminal charges against the
two companies that licensed the foster home. They are also demanding
that the state regain all oversight of foster care families from
private companies. Child Protective Services is not named directly.
"That's all I'm asking for -
justice for Kathy," Frances said. "It's not going to bring her back,
but at least it's not going to happen to another kid."
"The purpose of this lawsuit is to
find out who knew what, when and why this happened to the life of
this little girl," Garcia said. "We want to make sure no more deaths
happen in the custody of foster parents."
An attorney for Therapeutic Family
Life, the most recent company that licensed the foster home, said
that it should not face any charges because they followed all of the
appropriate state procedures.
The original company that licensed
the foster home, Mesa Family Services, gave up its license after two
other children under their care died in foster homes.
Garcia asked, "How many more dead
children do we have to have before the state reforms and changes?"
State Senator Jane Nelson, who
recently helped revamp CPS, agrees. "It breaks my heart that we, as
a state, we are not doing a good job protecting those who most need
our help," she said.
At a news conference on Tuesday
afternoon, Frances was overcome by grief as she spoke about her
daughter, saying she was a sweet girl who always smiled. "This
should never have happened to her," she said.
Katherine and her three siblings
were placed in the Desoto foster home last July, after CPS found
that they were left alone at home without food or water. Frances
said that she was working toward regaining custody.
During her final visit with
Katherine on Nov. 29, four days before the incident took place,
Frances said that her daughter was unusually quiet. One week before
her death, Katherine was taken to the hospital by her foster mother,
where police and doctors found several bruises all over her body.
After claiming that she had been fighting with her sister, the state
returned Katherine to the foster home two days later.
CBS 11 News tried to contact the
foster family on Tuesday, but they hung up the phone. An aunt of the
accused boy, who is now under arrest, has previously denied any
wrongdoing, and said that police rushed to judgment.
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