Caseworker errors found after deaths of 8 children

HOUSTON – When Michael Welch sits down for dinner with his son and daughter, there's one constant reminder of the struggle they've endured the past year.

An empty chair reminds them of their 4-year-old son and brother Ryan, who no longer gets to be part of these family dinners.

Ryan died last November after finding a gun kept just 3 feet off the floor at the home where he and his siblings were living with their mother.

Child Protective Services characterized the house as filthy and roach-infested.

As Ryan and his brother played with the gun, it somehow fired a bullet that struck Ryan in the face.

"It's the hardest thing I think I've ever been through and I deal with it every day," said Michael Welch, who spent the past year fighting to win custody of his other children.

Welch was embroiled in a custody battle with the children's' mother when Ryan died. 

After the accident, Child Protective Services removed them from their mother's care and forced Welch to prove he could adequately care for his children.

CPS had a long history with the family starting when Welch lived with the kids' mother and continuing after she kicked him out.

From 2009 through 2014, the agency investigated the family 15 times for claims of domestic violence, abuse and the children living in filth.

Welch said after he separated from their mother and while battling her for custody he alerted the agency about concerns for their safety.

"I tried everything I could to get those kids out of that situation and I feel like I was failed by a lot of different agencies," he told Channel 2's Jace Larson.

After Ryan's death, a state review found errors with how caseworkers handled the family.

Even though people complained to CPS twice about how the guns were stored in the home, the report shows caseworkers didn't properly address it either time.

The report says: "The investigator does not fully assess the safety and storing of the firearms away from the children."

The report also points out that caseworkers never substantiated any of the 15 complaints against the family from 2009 to 2014.

It was only after their mother refused to let CPS caseworkers see the children that the state went to a judge for help.

But neither Welch nor the childrens' mother showed up for court.

According to the report, the court system never notified them about the hearing.

Seven days after that scheduled hearing, Ryan died.

Child Death Reports

In September 2014, the commissioner of the Department of Family and Protective Services created the Office of Child Safety with the goal of preventing child abuse.

Part of the office's role is to review child death's where CPS was involved, and abuse and neglect is suspected.

To date, eight reports have been released on children who died, including Ryan.

"It's very difficult to say that because this agency has touched a family they would be able to predict all future behaviors," said John Specia, the commissioner for DFPS.  

In all of the cases reviewed by the Office of Child Safety reviewers found errors by the caseworkers.

Police say Adrian Langlais died at the hands of his mother's lover in May. He was found with detached retinas and a skull fracture.

CPS caseworkers in the Dallas area were given photos of the alleged abuse but never showed the photos to police or a doctor, the state report found.

Justice Hull was born addicted to the narcotic drugs that her mother was using during pregnancy.

The baby was immediately placed with a family friend and her teenage children as a temporary volunteer caregiver.

That caregiver asked for daycare assistance from CPS but was denied.

In January, the 2-month old was intentionally drowned by the woman's 14-year old daughter. That teen is now serving a 40-year sentence.

"It breaks my heart. I hate it when we make a mistake. If my people didn't follow policy and they did something they should be held accountable for, I take action to hold them accountable," said Specia.

He's fired people and changed policy. One change is requiring a special team to view abuse photos.

He is also curbing turnover by giving caseworkers who stay in their job for two years, a bonus.

Delinquent Investigations

Turnover has contributed to the length of time it takes caseworkers to complete a child safety investigation.

Guidelines require cases to be completed within 60 days.

Channel 2 Investigates discovered that 44 percent of cases in Harris and Montgomery counties are open longer. In Galveston County, 42 percent are delinquent.

Fort Bend County has the lowest amount of delinquent cases with 17 percent.

All of the counties have improved since 2012.

"I would like to be down in the teens on all of these," said Specia.

If you have a tip for investigative reporter Jace Larson email or text him at jlarson@kprc.com or 832-493-3951.