DCS releases statement on child abuse case where child's bones were found in Phoenix home

PERRY VANDELL   | Arizona Republic

The Arizona Department of Child Safety released a statement Thursday afternoon on its involvement in a case in which a child's remains were discovered shortly after three other children were removed from a home in Phoenix.

DCS removed three children from the home of Rafael Loera, 56, and Maribel Loera, 50, on suspicion of child abuse in January. Phoenix police arrested the couple after firefighters noticed human remains hidden within drywall after they extinguished a fire at their west Phoenix home on Jan. 28.

Investigators later determined the remains belonged a child, and Rafael told police it was a girl who they had adopted and who died when she was 11 in 2017. 

The statement began with DCS sharing its condolences to those affected.

"All of us at DCS are heartbroken about this incident," DCS spokesman Darren DaRonco said in a written statement. "While this is an ongoing investigation and we are unable to release all of the facts at this time, we grieve for the child whose remains were recently found."

Investigators first learned about the potential child abuse when an 11-year-old girl called police on Jan. 20 and told police she had been left alone at home for two days and was hungry, according to court documents 

A DCS caseworker contacted Rafael Loera on Jan. 28 and had him give DCS temporary custody of a 9-year-old boy and 4-year-old girl who also lived at the home. Rafael told police he became suicidal after the children were removed and he started the house fire to kill himself.

DaRonco said DCS is working to protect and care for the remaining three children who were removed from the home and is assisting Phoenix police to ensure justice is served. 

Loeras were adoptive parents

DaRonco specified that the Loeras are adoptive parents — not foster. He also said the Loera's last adoption was finalized in 2016, prior to the reported death date of the child whose remains were found.

He added that DCS hadn't received a report on the Loera family between their final adoption in 2016 and the 11-year-old girl's 911 call on Jan. 20. 

DCS has not identified the child whose remains were found or the children removed. 

Priscilla Marquez, a woman claiming to be the biological mother of the 11-year-old girl, 9-year-old boy and the child whose remains were found, said the remains belong to her daughter, Charisma Marquez, who would be 13 years old if she were still alive.

She has since asked DCS to release Charisma's remains to her family so they may give her a proper burial. Marquez said she's not related to the 4-year-old girl.

Marquez has demanded answers and accountability from DCS as to how her child died two years ago without the agency's knowledge.  

"How did you not know that they weren't going to school?" Marquez asked. "She disappeared from school? Did they go to school? Why wasn't there any kind of checkup on them randomly?"

DCS: Law forbids us from releasing more info

DaRonco addressed the demand for more information from media outlets.

"We understand that whenever the death of child is involved, people want and deserve answers," DaRonco said. "We want to provide those answers. "However, state and federal law forbids us from releasing information on a child’s death, or near death, unless it was a result of abuse or neglect by a parent, guardian or caregiver."

DaRonco said DCS was restricted from releasing specific case information until a parent is charged with causing the death; a superior court finds a child died or nearly died due to abuse or neglect; or DCS itself substantiates the allegations that abuse or negelct led to death or near death.

"At this time, the criteria to release DCS information in this case has not been met," DaRonco said. "If those criteria are met in the future, we will release case information allowed under the law."

The Maricopa County Attorney's Office has charged each of the Loeras with two counts of child abuse and one count of concealing a dead body. Rafael Loera was also charged with one count of arson. 

MCAO hasn't said if additional charges are pending as of Thursday afternoon.

Reach the reporter Perry Vandell at 602-444-2474 or perry.vandell@gannett.com. Follow him on Twitter @PerryVandell.