Mother Files Lawsuit In Foster Care Death Case
Jack Fink
The biological mother of the six-year-old girl who died in foster care last week has filed a $15 million lawsuit against the foster family and the two companies that licensed the home.
According to police, Katherine Frances died after being body slammed to the floor four times by her 14-year-old foster brother.
In the lawsuit that Marbella Frances has filed, she and attorney Domingo Garcia are asking that the District Attorney file corporate criminal charges against the two companies that licensed the foster home. They are also demanding that the state regain all oversight of foster care families from private companies. Child Protective Services is not named directly.
"That's all I'm asking for - justice for Kathy," Frances said. "It's not going to bring her back, but at least it's not going to happen to another kid."
"The purpose of this lawsuit is to find out who knew what, when and why this happened to the life of this little girl," Garcia said. "We want to make sure no more deaths happen in the custody of foster parents."
An attorney for Therapeutic Family Life, the most recent company that licensed the foster home, said that it should not face any charges because they followed all of the appropriate state procedures.
The original company that licensed the foster home, Mesa Family Services, gave up its license after two other children under their care died in foster homes.
Garcia asked, "How many more dead children do we have to have before the state reforms and changes?"
State Senator Jane Nelson, who recently helped revamp CPS, agrees. "It breaks my heart that we, as a state, we are not doing a good job protecting those who most need our help," she said.
At a news conference on Tuesday afternoon, Frances was overcome by grief as she spoke about her daughter, saying she was a sweet girl who always smiled. "This should never have happened to her," she said.
Katherine and her three siblings were placed in the Desoto foster home last July, after CPS found that they were left alone at home without food or water. Frances said that she was working toward regaining custody.
During her final visit with Katherine on Nov. 29, four days before the incident took place, Frances said that her daughter was unusually quiet. One week before her death, Katherine was taken to the hospital by her foster mother, where police and doctors found several bruises all over her body. After claiming that she had been fighting with her sister, the state returned Katherine to the foster home two days later.
CBS 11 News tried to contact the foster family on Tuesday, but they hung up the phone. An aunt of the accused boy, who is now under arrest, has previously denied any wrongdoing, and said that police rushed to judgment.