Grandmother sues the state in keiki's death

Yahoo

08-03-2025

COURTESY TIFFANY TEXEIRA Sarai Perez-Rivera died in 2024 of starvation, according to a child death report released Friday. It came on the heels of a lawsuit filed Tuesday by Perez-Rivera's grandmother on behalf of her three surviving grandchildren.
1 /2 COURTESY TIFFANY TEXEIRA Sarai Perez-Rivera died in 2024 of starvation, according to a child death report released Friday. It came on the heels of a lawsuit filed Tuesday by Perez-Rivera's grandmother on behalf of her three surviving grandchildren.
COURTESY HPD Janae Perez and Ashleigh Utley 2 /2 COURTESY HPD Janae Perez and Ashleigh Utley COURTESY TIFFANY TEXEIRA Sarai Perez-Rivera died in 2024 of starvation, according to a child death report released Friday. It came on the heels of a lawsuit filed Tuesday by Perez-Rivera's grandmother on behalf of her three surviving grandchildren.
COURTESY HPD Janae Perez and Ashleigh Utley The state's Child Welfare Serv ­ices had received reports of maltreatment within the family of a 3-year-old girl who died in 2024 of starvation, according to a federally mandated report on child deaths released Friday.
The information matches some of the details surrounding the June 13 death of Sarai Perez-­Rivera, whose mother and her mother's girlfriend were indicted this week on murder, kidnapping and other charges.
The family 'had two prior unconfirmed reports of physical abuse /neglect and medical neglect of a different child, ' the report says.
The state Department of Human Services on Friday released its annual Child Fatality Report, mandated by the Child Abuse Prevention and Treatment Act, or CAPTA, which lists five Hawaii child deaths in fiscal year 2024. The report provides scant information concerning the five child deaths, listing only each victim's age and gender. DHS generally does not name children involved in such cases due to privacy concerns.
The report also says the family of the 3-year-old girl was engaged in serv ­ices through a CWS 'diversion program.' DHS did not immediately respond to a request Friday afternoon to describe the diversion program.
The report comes on the heels of a lawsuit filed Tuesday by Perez-Rivera's grandmother on behalf of her three surviving grandchildren against DHS for allegedly failing 'to act upon or insufficiently acting upon or responding to information obtained.'
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The release of the report also coincided with Friday's announcement by Honolulu police and the city prosecutor's office of the, 39, for manslaughter in the Dec. 22, 2023, death of her 11-year-old adoptive daughter, who also appears to be mentioned in the report.
The prosecutor's office said the timing of the criminal charges was coincidental.
The death of a 10-year-old girl also mentioned in the report appears to match the case of Geanna Bradley, who died Jan. 10, 2024, after prolonged abuse, neglect and starvation.
The deaths listed in the CAPTA report include an 11-month-old girl who drowned due to lack of supervision. Her family was the subject of seven prior reports of suspected child abuse and neglect. One report of physical neglect and threat of abuse and neglect of older children was confirmed, the report says.
The fifth death listed in the report involved a 3-year-old boy who was found unresponsive at home and taken to a hospital with multiple internal injuries not consistent with the family's explanation. In that case there were no prior abuse reports.
Perez-Rivera's grandmother, Leah Schnabel, says she tried to protect her four grandchildren from the abuse inflicted upon them.
Schnabel called the CWS reporting line to inform the state agency that the children 'had been removed from school, appeared dirty and uncared for, and appeared to be skinny and losing weight, ' according to the civil complaint filed on behalf of her three remaining grandchildren.
Schnabel persisted when no action was taken to remove the children from the home of her daughter, Janae Perez, 25, and her daughter's partner of four years, Ashleigh Utley, 34.
On March 5, 2024, the children's grandmother telephoned and spoke to a representative of Parents and Children Together, which is a contractor for the state, sharing the same concerns about the children's physical welfare. She called PACT again May 23 and 26, the lawsuit says.
Despite Schnabel's warnings, Perez-Rivera died June 13, a month before her fourth birthday, from dehydration and starvation. Her skin was ashen, and her legs, hips, arms, face, back and head were covered in bruises.
The child died while in the custody of Perez, the children's natural mother, and Utley at their home in Kapolei, the complaint says.
'Only then did (the state ) finally remove the subject minors from the Perez home, ' the lawsuit claims, adding that the children were taken to the hospital showing signs of neglect and dehydration and looking thin and tired.
In February, eight months after she died, the medical examiner ruled the 3-year-old girl's death a homicide.
Police arrested Perez and Utley on Feb. 27.
The pair were indicted Tuesday on charges of second-degree murder in the death of Perez-Rivera, first-degree attempted assault of the younger of her two older brothers, kidnapping of the three eldest children including Perez-­Rivera, first-degree hindering prosecution, conspiracy to commit kidnapping and—with regard to the two older brothers—two counts of persistent nonsupport and two counts of abuse of family or household members.
'We wish reporting to CWS and PACT was enough to save Sarai and her siblings, ' Tiffany Texeira, the girl's aunt, told the Honolulu Star-Advertiser. 'Why do these children keep dying ? Why is there not better laws ? Why is it so hard to get CWS to follow through ? They say, 'See something. Say something.' We did and still the same results.'
On Tuesday, Schnabel, as 'next friend ' for her three surviving grandchildren—who on the day of their sister's death were ages 6, 5 and 2—filed a lawsuit against DHS, alleging negligence and negligent and intentional infliction of emotional distress, calling the agency's conduct outrageous and extreme.
The lawsuit alleges the state knew or should have known about the physical condition of the children and evident abuse by the mother and her partner, who were unfit to care for children, and that the children were not safe in their care.
It also alleges the children have suffered and continue to suffer physical pain, anxiety, psychological harm, embarrassment and emotional distress, and will continue to incur medical and psychological treatment, therapy and counseling, and loss of future income and /or earning capacity.
The criminal complaint against Perez and Utley alleges the couple had enough food to feed many people yet strictly monitored the children's food and water intake and prevented them from using the bathroom.
It says Schnabel told police that when she last saw the children in February 2024, they were skinny, hungry, extremely quiet and stayed close to Perez the entire time. The three older children appeared famished at a 2023 Christmas party, and Perez-­Rivera looked tired.
In October 2023, Schnabel claims, Perez was rude and mean to the older children, and monitored their food and water intake. The children drank water heavily, she recalled.
Plaintiff's attorney Mark Gallagher said others may be named as defendants in the case.
He said it will be necessary to get from DHS 'who was involved in the case, and what steps they took in response to the information they were provided. So all options are open at this point.'
He said Perez and Utley were not named as defendants in the civil complaint because 'it could pose a delay ' since they 'would have the right to refuse to answer any discovery questions ' pending resolution of their criminal matters.
Perez and Utley are scheduled to be arraigned Monday in Oahu Circuit Court.
CWS said in a statement that DHS 'continues to grieve with the community over the loss of this child. DHS cannot comment on pending litigation. The department will respond to any pending litigation in Court with the assistance and representation of the Department of the Attorney General.'
PACT did not return a request for comment on the lawsuit.
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