PALERMO, N.Y. -- Two years ago, Kevin Gibbs says his fiancé’s daughter had classmate Erin Maxwell over to play. Afterwards, Gibb's fiancé, Jackie, drove the girl home and walked her into her house and what she saw had her in tears.
"When she came into the home, she stepped over four feet of cat feces. The smell was overwhelming and made her sick," said Gibbs.
Concerned for Erin's safety, Gibbs filed a complaint with social services. He said they went over to the house, but Erin wasn't taken from the home.
Now, more than two years after that investigation, social services is asking the state to review all records relating to Erin Maxwell.
Social services was called to Erin Maxwell's house three times in four years, but never took the child out of the home and found no evidence of neglect. Now, two weeks after her death, social services wants the state to review her case to make sure it was handled properly. Andy Mattison has more.
In a statement, social services commissioner Francis Lanigan said, “Our last involvement with the Maxwell family was more than two years ago. An investigation was conducted, our agency was satisfied that the parents had taken reasonable and necessary steps to rectify the situation and the case was closed in March of 2006.”
Lanigan also added the state was reviewing the records to “make sure that we have taken all the proper steps in this case.”
But if you were to ask Gibbs if he thought social services did all they could do for Erin, his answer would probably be no.
"Nobody told them that you have to clean up the kitty litter and you can't have chickens in your home. Nothing happened. Nothing was done about it. The system clearly failed. Clearly failed," said Gibbs.
News 10 Now has learned social services visited the house three times over the course of four years.
The house has recently been condemned by the town of Palermo because of its unsanitary conditions.
Gibbs said social services told him that as long as a child gets a least one meal a day, has a roof over their head and has medical care, then there isn't a problem. A question we put to the state office of children and family services.
"That's really the standard that we're looking at. Did the parent make reasonable efforts to provide at least a minimal environment for the child in terms of food, clothing, shelter and care," said Charles Carson, assistant deputy counsel with the state office of Children and Family services.
As for the investigation into the death of Erin Maxwell, police have not made any arrests and aren't commenting on suspects.
Gibbs says he will be in Albany this week for work and hopes to talk with lawmakers about Erin's case and the actions of social services.
FOR IMMEDIATE RELEASE Sept. 15, 2008
Oswego County DSS Asks NYS to Review Agency Records
Oswego County Department of Social Services (DSS) Commissioner Frances Lanigan today requested the New York State Office of Children and Family Services to review all records relating to prior investigations of abuse or neglect involving Erin Maxwell.
“This is a very tragic situation and we share the community’s concern,” said Commissioner Lanigan. “Our last involvement with the Maxwell family was more than two years ago. There were no facts in any prior reports that would predict a homicide. I have asked New York State to come in and review any records to make sure that we have taken all the proper steps in this case. The findings and recommendations, if any, will be provided to Oswego County Legislature Chairman Barry Leemann after completion of the review by the Office of Children and Family Services.”
Commissioner Lanigan confirmed that the Oswego County DSS had received and investigated reports regarding Erin Maxwell through the NYS Central Registry Child Abuse Hotline. Following NYS and County DSS protocol, she said, an investigation was initiated within 24 hours of receiving a report in March 2006.
“Our staff is required to initiate an investigation within 24 hours of receiving a complaint. The child’s immediate and impending safety is assessed,” said Commissioner Lanigan. “Each case is screened for safety and risk to the child and appropriate plans are developed with the family. If there is evidence of imminent danger to the child, DSS can take steps to remove the child from the home. Our last involvement with the Maxwell family was more than two years ago. An investigation was conducted, our agency was satisfied that the parents had taken reasonable and necessary steps to rectify the situation, and the case was closed in May 2006.”
Commissioner Lanigan said that before a case is closed, a supervisor reviews the caseworker’s investigation and records. All determinations are subject to review by the state Office of Children and Family Services. Once a case is closed, DSS cannot conduct a new investigation unless a new report is filed with the Child Abuse Hotline. No hotline referrals were received from the state in the Maxwell case since the prior case was closed in May 2006.
Under NYS Law, the county DSS is required to investigate all suspected cases of abuse or neglect that are reported to the state registry. Commissioner Lanigan said more than 2,000 cases are reported annually in Oswego County and all are thoroughly investigated to determine if there is credible evidence of abuse or neglect.
Commissioner Lanigan said her agency continues to fully cooperate with law enforcement agencies in their investigation into Erin Maxwell’s death.
“Regrettably, there was nothing in the prior reports that could have predicted this tragedy,” said Commissioner Lanigan. “The department continues to encourage the public to call into the state Child Abuse Hotline at 1-800-342-3720, and be assured that the department will initiate an investigation of every report within 24 hours. Child safety remains our primary concern.”