Files show CPS efforts before boy died

Jahyr died Jan. 19. His mother's live-in boyfriend, Alejandro A. Alvarez, 21, has been charged with first-degree murder and child abuse.

About a month before Jahyr died, the infant was taken to University Medical Center by his mother for a bruise on his thigh. On Dec. 17, Alvarez had been watching Jahyr when the bruising occurred. According to CPS reports, Alvarez told doctors he caused the injury by picking up the boy by the thighs.

But doctors were skeptical the bruise was caused that way and reported it to CPS the next day.

Over the next month, the investigator made numerous efforts to meet in person with Jahyr's family. The investigator made several unsuccessful in-person visits to the mother's Southeast Side apartment. She even spoke with the mother by phone to tentatively set up a meeting after the holidays.

After the new year, she followed up with several phone messages that were never returned, and also with a visit, only to find no one there.

One unusual obstacle to the investigation was the medical staff's decision to release Jahyr without calling the police or holding the family until a CPS worker could arrive, said Janice Mickens, CPS program administrator.

"What was unusual about this report was, the child had been released to the parents," Mickens said. "Normally, they are going to call us prior to the child being released."

While not criticizing the number of attempts the investigator made to see the family, state Rep. Jonathan Paton, a Tucson Republican who has taken the lead on legislative reform for CPS, said the death underscores why CPS investigators should be required to contact law enforcement when there are concerns about physical abuse.

"It's impossible to say what would have happened," Paton said. "But presumably, we've got these different parts of government that aren't communicating."

State law does require CPS to contact law enforcement for reports alleging "extremely serious conduct," but one of the problems is that it's unclear what falls into that category.

"The protocols are followed very well when there are issues involving sexual crimes against kids," said Kathleen Mayer, deputy Pima County Attorney, who is lobbying for the attorney's office this legislative session.

"Where the protocols tend to fall by the wayside are in physical abuse cases — where I think we are just not as good at recognizing some of the seriousness of physical abuse cases."

As such, the decision to contact law enforcement for a CPS investigation is subjective, often determined by the time and resources available to the investigator, she said.

A case like Holguin's, Mayer said, in her opinion fits the bill for "extremely serious conduct."

But CPS officials disagreed, noting the worker never was able to see the child to make an informed decision.

"You had a mom who appeared to be very cooperative," Mickens said. "You have that combined with the hospital releasing the child to the parents. Despite making numerous attempts to get out there, going by, leaving voice messages. We just were not able to see the child."

Paton's proposed legislation would broaden the number of cases in which law enforcement potentially could be involved, which Mayer said could lead to better investigations into the general living conditions of children and families.

Mickens said CPS has worked with legislators on the proposal, but there are concerns it could involve law enforcement in cases for every child with a bruise, and there aren't enough officers to handle the extra calls.

"It would increase the removal (of children) astronomically in the state, and it would have a price tag that would be phenomenal," said Rep. Pete Hershberger, a Tucson Republican.

Hershberger also said he thought joint investigations were being carried out, and the protocols were being misinterpreted.

"It doesn't mean that a CPS worker and a sheriff's deputy have to go out and hold hands in the investigation," he said. But rather, they can also contact one another after initial investigations."