Why DCF is not answering questions in Hutchinson child's death
HUTCHINSON, Kan. (KSNW) — Since the death of a 4-year-old girl in a Hutchinson house fire on Feb. 1, KSN News has attempted to get the Kansas Department for Children and Families to answer questions and release documents in the case.
The bodies of the child, Naomi Payton, and her aunt, Kalsey Payton, 32, were found in a home that had been set on fire.
The child's uncle, Wendell Payton, 37, has been charged with two counts of first-degree murder, aggravated arson, aggravated endangering of a child, and two counts of interference with a law enforcement officer.
On Feb. 3, KSN put in a Kansas Open Records Act (KORA) request asking for records in the case. After the uncle was charged, KSN updated the request, seeking information and documents related to the case and any details about DCF involvement. In particular, we wanted to know if there had been any reports of abuse or neglect. KSN has also asked for an on-camera interview about the case, which was declined.
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DCF provided KSN with a small summary of facts on Feb. 6, giving Naomi's age and date of death and saying she and her sister were in a kinship placement with a paternal aunt and uncle. DCF said the case is under investigation by law enforcement and considered KSN's KORA request closed.
On the same day, KSN refiled its request, asking to keep the request open, and to provide the records, or provide the legal explanation why the requests for documents were denied.
On Wednesday, DCF responded that the requested records are not subject to public disclosure at this time, citing privacy while also referencing a law that allows some records to be released.
The response said: 'As you know, K.S.A. 38-2212(g) provides an exception in the event of the death of a child who is in the custody of the secretary. See K.S.A. 38-2212(g)(1) and (g)(4). DCF has not completed its investigation of whether the child died as a result of child abuse/neglect and, as a result, DCF is unable to release information.'
Kansas law protects many details relating to DCF's handling of a case, and the agency will redact details that are not allowed by law to be released. KSN has requested and received documents in child death cases in the past, including in the death of Evan Brewer, the boy found encased in concrete in the home he lived in with his mother and her live-in boyfriend, later convicted in the case.
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