Danieal Kelly: an update

According to the Associated Press (June 13, 2009), 65-year-old Manuelita Buenaflor, a social-services employee with MultiEthnic Behavioral Services, admitted last Wednesday that she helped forge documents and failed to supervise case workers, a lapse that prosecutors say contributed to the death by starvation in 2006 of 14-year-old Danieal Kelly. Ms Buenaflor, who has doctoral degrees in theology and child development, pleaded guilty to two fraud counts and conspiracy. For readers unfamiliar with this case, Danieal Kelly, who had cerebral palsy, died of starvation while under the supervision of Philadephia's Department of Human Services. At the time of her death, she weighed just 46 pounds and her back was full of gaping bedsores infested with maggots. Her death and other failures by the DHS resulted in nine indictments, the firing of two DHS top officials and a number of reforms at the agency. As conveyed by FRIDA a few weeks ago, Danieal's mother, Andrea Kelly pleaded guilty at the end of April to third-degree murder and child endangerment in connection with her death. From the Associated Press article:

Manuelita Buenaflor, 65, of Philadelphia became the first official with MultiEthnic Behavioral Services to enter a plea in the case, although two underlings have signed guilty pleas.

The city paid MultiEthnic a $1 million a year to visit at-risk children like Danieal Kelly, a disabled girl who lived in a chaotic home with an unfit mother, and make sure they were receiving needed services.

MultiEthnic documents suggest they made the required visits with Danieal, a 14-year-old with cerebral palsy. But she had severe bed sores, weighed just 42 pounds and had long stopped going to school when her maggot-infested body was found in the squalid, stifling home in August 2006.

The story in full is here.

Danieal Kelly update

Following yesterday's update, the Associated Press now reports that Andrea Kelly has pleaded guilty to third-degree murder and child endangerment in the death in 2006 of her daughter, Danieal Kelly. The story in full is here.

Danieal Kelly: an update

According to the Philadelphia Inquirer, 39 year-old Andrea Kelly will plead guilty to third-degree murder today in connection with the death in 2006 of her 14-year-old daughter, Danieal Kelly. For readers unfamiliar with this case, Danieal Kelly, who had cerebral palsy, died of starvation while under the supervision of Philadephia's Department of Human Services. At the time of her death in what has been described as a sweltering apartment, she weight just 46 pounds and her back as full of gaping bedsores infested with maggots. Her death and other failures by the DHS resulted in nine indictments, the firing of two DHS top officials and a number of reforms at the agency. As the Philadelphia Inquirer reports:

The girl's slow death happened while the family, which included 10 children, was under the supervision of DHS. Prosecutors say the DHS caseworkers failed to do their jobs, which was to protect the child from neglect.

The agency had hired a private social services agency, Multi-Ethnic Behavioral Health, to visit the home and make sure the Kelly children were being cared for.

DHS Commissioner Anne Marie Ambrose said Danieal's death helped bring about a new "culture of accountability" in the agency, and better procedures to assess the risk to children and to find them help. "This is a death that has transformed the agency, hopefully in a good way," Ambrose said.

Charges of involuntary manslaughter are still pending against a caseworker from Multi-Ethnic, Julius Juma Murray, 51, who failed to make the required home visits. Danieal Kelly's father, Daniel Kelly, has been charged with endangering the welfare of children. Andrea Kelly, 39, will agree to serve 20 to 40 years in prison for death of Danieal.

Danieal Kelly update

Philadelphia, PA - According to a United Press International report on Friday, a judge has ruled that Andrea Kelly can be tried for first degree murder in connection with the death by starvation and neglect in 2006 of her daughter, Danieal, aged 14, who had cerebral palsy. In addition, the judge ruled that Julius Murray, a private social services agancy worker who was assigned to visit the Kelly house and ensure that Danieal was safe, but allegedly failed to do so, can be tried for involuntary manslaughter.

For earlier reports, see:
Parents charged in starvation death sue Philly
A Timeline of Neglect
9 charged in starvation death of teen

Danieal Kelly update

Philadelphia, PA - The Philadelphia Inquirer reports that the preliminary hearing for Danieal Kelly's mother, Andrea Kelly, and Julius Murray, a child welfare worker, both of whom who have been charged with homicide in connection with Danieal's death, resumed yesterday before a Philadelphia judge.

Prosecutors are expected to take today and tomorrow to present evidence to convince Municipal Court Judge Patrick F. Dugan that Kelly, 39, and Julius Juma Murray, 51, a private child welfare caseworker assigned to ensure that the Kelly family received needed services, should be tried on homicide charges in the death of 14-year-old Danieal Kelly.

As reported in an earlier post by FRIDA, Andrea Kelly is charged with murder in connection with the death by thirst, starvation and neglect of Danieal, aged 14, who had cerebral palsy. Murray, who is charged with involuntary manslaughter, worked for a private social services company under contract with the Philadelphia Department of Human Services. He was assigned to visit the Kelly house and ensure Danieal was safe but prosecutors allege that his visits were so rare Danieal's siblings did not know who he was.

Although nine people were charged in connection with Danieal Kelly's death, only Andrea Kelly and Murray are having preliminary hearings. Lawyers for Andrea Kelly and Murray argued that they deserved the right to a preliminary hearing because they, unlike other defendants, were charged with homicide.

For earlier reports, see:

Parents charged in starvation death sue Philly
A Timeline of Neglect
9 charged in starvation death of teen

Danieal Kelly update

Philadelphia, PA - Two more municipal employees will be fired for their roles in the death by starvation of 14-year-old Danieal Kelly, LD News reported on Saturday. It also reported that one other employee has retired and a fourth has resigned. Nine people face criminal charges in the case.

As reported by FRIDA in earlier posts, Danieal Kelly, age 14, had cerebral palsy, and died in 2006 from starvation and neglect. Her mother, Andrea Kelly, 39, has been charged with her murder, and her father, Daniel Kelly, has been charged with child endangerment.

For earlier reports, see:

Parents charged in starvation death sue Philly
A Timeline of Neglect
9 charged in starvation death of teen

Danieal Kelly Update

A Philadelphia judge has ruled that the mother of Danieal Kelly is entitled to a preliminary hearing on the murder charges she faces for the starvation-and-neglect death of her daughter two years ago, the Philadelphia Inquirer reports. Julius Murray, a social worker who has been charged with involuntary manslaughter for failing to visit Danieal on a regular basis, has also been granted a preliminary hearing. A date for the preliminary hearings will be set at a Sept. 15 status hearing on the case. The other defendants in the case will go directly to trial. The body of 14-year-old Danieal Kelly, who had cerebral palsy, was found covered with bedsores in her mother's Parkside home on August 4, 2006.

For earlier reports, see:

Parents charged in starvation death sue Philly

A Timeline of Neglect

9 charged in starvation death of teen

The death of Danieal Kelly: an update

The New York Times reports that the parents of Danieal Kelly are suing the City of Philadelphia, arguing that the actions of several municipal employees and contract workers contributed to her death. As reported in earlier posts, Danieal Kelly, age 14, had cerebral palsy, and died in 2006 from starvation and neglect. Her mother, Andrea Kelly, 39, has been charged with her murder, and her father, Daniel Kelly, has been charged with child endangerment. The wrongful death lawsuit seeks reimbursement for medical bills, funeral costs and other expenses. An attorney for the parents said they filed the suit to protect the interests of siblings. According to this UPI report, prosecutors are outraged by the parents lawsuit, and have filed a motion to dismiss it.

More on Danieal Kelly

Professor Sobsey over at the International Coalition on Abuse and Disability blog (ICAD) has posted these thoughts about the death by starvation and neglect of Danieal Kelly and the recent charging of nine people in relation to her death. He blogs:

Two things make this case stand out:

1. While it is not rare for parents to be charged in the death of a child through neglect, it is very unusual for criminal charges to be brought against child protection or social workers for failure to protect a child.

2. In some cases, a child’s disability has been used as a convenient excuse for not holding caregivers responsible. There have been a number of cases of children with disabilities being starved and neglected to death or near death before, and the death has often been blamed on the child’s disability, rather than fatal neglect. In this case, the unnecessary death of a child with a disability was taken seriously.

Both of these things are good signs. They will help wake up people in the system and in the general public to a higher level of accountability and that is good. We should be glad to see weaknesses in the system exposed because it is an essential step in improving the system. However, exposing these weaknesses, or even punishing a handful of people, is not enough to ensure that meaningful change takes place. These actions only have meaning if they are followed up by system reform.

To read the rest of Professor Sobsey's post about what is happening with this case, see here:

Residential-care cottage suspends worker charged in Danieal Kelly's death

From The Delco Times (Philadelphia, PA)

A 51-year-old Upper Darby man charged with involuntary manslaughter in the August 2006 death of a disabled Philadelphia girl has been suspended from his job at Elwyn, a human service organization for the developmentally disabled in Middletown.
Elwyn President Sandra Cornelius said Julius Murray, who Philadelphia police records show as living on the 200 block of Heather Road in Upper Darby, was suspended Friday, the same day he was arraigned in Philadelphia Municipal Court and charged with involuntary manslaughter in the death of 14-year-old Danieal Kelly.

A Philadelphia grand jury report released last Thursday concluded that Murray, who worked for a private agency, Philadelphia Department of Human Services case workers, and the girl's parents, could have prevented her from dying of starvation and infection. All are facing charges in connection with the death of the teenager, who was only 42 pounds when she died.

A cerebral palsy victim, Danieal was malnourished and suffering from maggot-infested bedsores when paramedics found her dead Aug. 4, 2006, in a stifling room on a mattress on a feces-covered floor in her mother's West Philadelphia home.

Cornelius said Murray's application to Elwyn did not mention his involvement with the Danieal Kelly case. Cornelius declined to discuss Murray's duties at Elwyn, but according to Philadelphia police records, he was a supervisor. He is reportedly a second-shift supervisor at a residential-care cottage on Elwyn's main campus in Middletown.

"He's innocent until proven guilty," said Cornelius. "We're cooperating with (Philadelphia District Attorney) Lynne Abraham, for whom we have the utmost
respect. We felt the best action for everyone's interests is to suspend Mr. Murray.

"Danieal had been in the care of the Philadelphia Department of Human Services who, in 2005, had contracted the now-defunct MultiEthnic Behavioral Health agency to handle the case.

Murray, an employee of the private agency, was required to visit the family twice a week, but investigators believe he may have gone to the home only once to have the child's mother, Andrea Kelly, sign pre-dated forms attesting to future visits he never made to check on Danieal's welfare.

In addition to involuntary manslaughter, Murray has been charged with records-tampering, forgery, fabricating evidence, endangering the welfare of children and recklessly endangering another person. His preliminary hearing is scheduled for Aug. 11. It was not clear Saturday night whether he had made bail that was set at 10 percent of $50,000. Mickal Kamuvaka, director of MultiEthnic Behavioral Health, has also been charged with involuntary manslaughter.

Andrea Kelly, 39, has been charged with murder and her 37-year-old husband, Darby resident Daniel Kelly, with child endangerment. Two Philadelphia Department of Human Services social workers assigned to Danieal's case, Dana Poindexter and Laura Sommerer, have been charged with endangering the welfare of children and recklessly endangering another person.

Three friends of Andrea Kelly are charged with perjury for allegedly trying to protect Mrs. Kelly by lying to the grand jury about Danieal's emaciated condition.According to the 258-page grand jury report, the Philadelphia Department of Human Services received at least five reports about the mistreatment of Danieal between 2003 and 2005. She was described as a "helpless child sitting unattended, unkempt and unwashed, in a small stroller in her own urine and feces" whose mother ignored her screams.

The stroller served as a wheelchair and apparently never left the house.

On Friday, city officials announced the resignation of Philadelphia Assistant Health Commissioner Carmen Paris, who, the grand jury maintained, interfered in the investigation of Danieal's death while she was acting health commissioner.Last Thursday, newly installed Philadelphia Human Services Commissioner Anne Marie Ambrose vowed to improve child safety and worker accountability in the agency.