The Onslow County Department of Social Services denies claims made in a lawsuit filed in August that it was negligent and could have prevented the death of a 7-year-old who died from insecticide poisoning in 2003.

This week, DSS answered the lawsuit filed Aug. 22 by Heather Baker, the aunt of Kayla Allen who died Aug. 7, 2003, while living in Richlands with her guardian, Carolyn Futrell. In her complaint, Baker alleged that she alerted DSS at least six times that Allen might have been abused under Futrell's care.

DSS, which is being represented by New Bern attorney Scott Hart, requests the court dismiss Baker's complaint and require that she pay the legal fees associated with the claim. Baker shouldn't receive any monetary compensation from DSS, according to the response filed Monday in Onslow County Superior Court.

Roger Penrod, the director of DSS, Loretta Keelin, manager of the Child Protective Services program along with social workers Allison Radford, Denna Smith and Sara Zuborn were all named in the lawsuit. Wilmington attorney Thomas Lamb is representing Baker in the lawsuit.

Futrell, 33, was charged in May 2004 with murder and felony child abuse in connection to Allen's death. She is in Onslow County Jail awaiting trial. If convicted, she could face the death penalty.

Baker is the sister of Nicole Allen, Kayla Allen's biological mother. Baker's brother, Jeff Allen, was eventually married to Carolyn Futrell and the couple was given temporary custody of Kayla in 1998.

When Baker, who is from Michigan, came to Jacksonville in 1998 to attend her brother's wedding, she discovered that Kayla, who was only 2 at the time, had a black eye. Baker also allegedly saw Futrell repeatedly strike Kayla's hand for playing with her food. Baker reported the incidents to DSS, according to the lawsuit.

Baker said DSS told her the reported allegations didn't meet the legal definition of abuse, according to the lawsuit. [a two year old with a black eye does not warrant an investigation?]

In its response, DSS said it is "without sufficient knowledge to form a belief as to the truth or falsity of the allegations" made in Baker's lawsuit.

In November 1998, Futrell's sister reported Futrell and Jeff Allen to DSS for threatening to put hot sauce on the tongue of one of Futrell's sons. DSS investigated the incident and considered the allegations of abuse as "cruel and unusual punishment" to a child other than Kayla, according to Baker's lawsuit.

DSS confirmed that Baker's claims were true regarding the hot sauce incident, according to the response.

Baker's mother, Diane Goike, brought Kayla to Michigan in 2002 after she discovered bruises on Kayla's body. Kayla was put into foster care while child protective services in Michigan investigated the claim.

In a report to the Taylor Police Department in Taylor, Mich., Kayla told authorities she received the bruises from "Aunt-Mom Carolyn," who had spanked her with a spatula and banged her head on a bedroom dresser, according to the lawsuit.

After the incident was investigated, Kayla was returned to Futrell because the abuse was considered "unsubstantiated." Baker said she received further details from Radford regarding Kayla's case, including that the bruises were caused from Kayla falling while roller skating, according to the lawsuit.

DSS said child protective services agency in Michigan dismissed the allegations of abuse against Futrell. DSS also indicates there is written documentation about the incident, which speaks for itself, according to the response. [comment: Obviously, they have not read the entire report]

DSS released the State Child Fatality Review report in May 2004, which indicated that DSS was not at fault for Allen's death. The report is required when a child dies within 12 months of a DSS investigation.[comment: Has DSS ever accepted responsibility for their own action, or lack of action?]

In July 2004, DSS released a report indicating the agency investigated 13 allegations that Kayla was abused. Many of the allegations were against Futrell. Some were made against Nicole Allen. Some allegations were not substantiated. In the cases that were, Futrell and Allen were given case plans to follow, according to a Daily News report.

Baker is the court-appointed representative of Kayla's estate and is seeking punitive, personal injury and wrongful death damages for the girl's pain, suffering and death. [comment: How else can one hold the Agency responsible for investigating abuse, when the child is murdered by the very person accused of abusing her?]

Contact staff writer Roselee Papandrea at rpapandrea@freedomenc.com or at 353-1171, Ext. 238.

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