Jun
14
State’s pledges to shield toddler killed by drug overdose not kept
Filed Under crime, single stories, social services |
Originally published in The Palm Beach Post on Saturday, June 14, 2008.
By KATHLEEN CHAPMAN
Palm Beach Post Staff Writer
RIVIERA BEACH - A month before toddler Darius Clark died with cocaine and painkillers in his system, employees at the state Department of Children and Families met to consider whether his mother could protect him.
They knew that the 21-month-old child’s father, Vincent Clark, was a violent drug abuser with a long felony arrest history. On March 7, he pistol-whipped the mother, Toccara Nobles, so badly that she had to get staples to close the wound on her head, according to DCF records released Friday.
The next day, Nobles agreed not to let Clark near her children and promised to get a restraining order and attend domestic-violence classes.
But the DCF records show no evidence that any investigators visited the family to see whether Nobles was following through on those promises until April 21, when the toddler was discovered dead from a drug overdose.
They also failed to check court records to see whether Nobles had gotten a restraining order before Darius died. If they had, investigators would have found that the mother applied for an order but never appeared for the court hearing March 28, meaning Clark had a legal right to visit Darius whenever he wanted.
On April 20, Nobles allowed Clark to spend the night with her two boys even though he was wanted on felony charges.
Nobles has told police she woke up in the middle of the night and found “white stuff” around the child’s mouth. She wiped it off and went back to sleep. The next morning, Nobles and Clark found Darius dead in their bed.
Riviera Beach police investigators found a bottle of pills on the bedroom dresser, according to police records. An autopsy revealed he had enough oxycodone in his system to kill an adult. The positive test for cocaine meant that Darius could have been around people who were smoking crack, according to DCF records. The state’s investigation had been open for nearly six weeks. DCF had not interviewed Darius’ 6-year-old brother.
DCF has not yet completed its formal review of the case. But spokeswoman Leslie Mann said in an e-mail Friday that his death was a tragedy that the department “could not have foreseen.”
The March incident was the third report to DCF of domestic violence between the parents. In November, Clark was charged with battery after Riviera Beach police said he came to the home where Clark was living, tried to take the children and punched her in the face. The police report listed Clark’s occupation as “drug dealer.”
A police detective called DCF after the pistol-whipping in March, saying he was “very upset” that the mother had not gotten a restraining order after the last beating.
Nobles had no felony arrest record herself, and she had a supportive extended family that included a mother and father who work for the Palm Beach County Sheriff’s Office. There were no allegations the children were being abused, so the decision came down to whether she would protect them from Clark.
On March 8, Nobles signed a DCF “safety plan” promising that the father would have no contact with the children. She said she would move, apply for the restraining order and go to domestic violence classes.
Six days later, DCF workers met for a “red flag staffing” - ordered in serious cases - to decide whether they should recommend supervision. That would have allowed investigators to drop by unannounced to make sure Clark wasn’t living there. They decided to take the case to DCF attorneys.
But on March 19, DCF’s legal staff decided not to take her case to court. Under recommendation, they checked “no judicial action needed.” For the reason, they wrote: “mx (mother) protective.”
“The father was not living in the home, mom was pursuing a restraining order, and we were acting on the belief that the children were safe,” Mann said Friday.
Both parents are charged with felony neglect in his death. His 6-year-old brother is living with his maternal grandmother, a lieutenant at the Palm Beach County Jail.
Three days after Darius died, DCF got a report from Knowledge is Power, the domestic-violence program Nobles pledged to attend.
“Client was a no-show to scheduled classes,” the document said.
Darius Clark’s short life
State records show 21-month-old Darius Clark’s death in April followed a trail of family violence and broken promises:
> July 18, 2006: Darius Clark is born to Toccara Nobles and Vincent Clark.
> Nov. 21, 2007: Clark shows up at a relative’s home and tries to take Darius and an older son from Nobles. He punches her in the face and is charged with battery. She does not file for a restraining order.
> March 7, 2008: Clark pistol-whips Nobles, requiring her to get staples to close a wound on her head. It is the third report of violence between the couple that the Department of Children and Families investigates.
> March 8: The mother signs a DCF safety plan promising to have no contact with Clark, a repeat felony offender who police say is a drug dealer. She tells an investigator she will move away from Clark, get a restraining order and attend domestic-violence courses.
> March 19: DCF attorneys decide not to ask for court supervision of her case, which would have allowed investigators to check whether the father was around the children, because they believe Nobles is able to protect the children.
> March 28: The mother fails to show up for a hearing on a restraining order she applied for March 13, so a judge dismisses it. Clark therefore has a legal right to be around the children whenever he wants.
> April 20: Nobles allows Clark to spend the night with her, Darius and their 6-year-old son on Ninth Street in Riviera Beach even though he has several felony warrants for his arrest. Nobles says she wakes up in the middle of the night to find ‘white stuff’ around the toddler’s mouth, but goes back to sleep.
> April 21: Nobles wakes up around 7 a.m. to get Darius ready for day care and finds his body stiff. Clark tries CPR, but Darius is dead on arrival at St. Mary’s Medical Center.
> April 24: The Knowledge is Power program reports to DCF that Nobles never showed up for domestic violence classes.
> June 5: Nobles is charged with felony neglect in the baby’s death after the medical examiner finds cocaine in the baby’s system and enough oxycodone to kill an adult. Clark, who was previously arrested on the other warrants, faces the same charge of felony neglect.
Copyright 2008 The Palm Beach Newspapers, Inc.
Palm Beach Post (Florida)
June 14, 2008 Saturday
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