Santa Clara County’s responses to baby Phoenix investigation

Santa Clara County’s responses to baby Phoenix investigation

Here are statements from Santa Clara County and its officials to the Bay Area News Group in response to the news organization’s ongoing investigation into the fentanyl-related death of a 3-month-old Phoenix Castro.

Date: Oct. 25

Who said it: Statement from the County of Santa Clara Regarding the Death of Phoenix Castro

In response to: Bay Area News Group public records request for documents related to the county’s involvement with the family of Phoenix Castro prior to her death.

Statement: “The County’s most important obligation is to protect the safety of any child who may be experiencing abuse or neglect. The family of 3-month-old Phoenix Castro had significant involvement with the County Department of Family and Children’s Services prior to her death. The Department is conducting a thorough internal review of every aspect of this case. The County is also requesting a complete external review of this case by the State Department of Social Services, which has oversight responsibilities for all child protective services agencies in California. Through these investigations, no stone will be left unturned as we seek to understand everything that could have been done to prevent Phoenix’s tragic death.”

Date: Nov. 7.

Who said it: Damion Wright, Director of the Department of Family and Children’s Services

In response to: Bay Area News Group inquiries about a state investigation into the county’s dramatic drop in child removals from unsafe homes and the County Executive James Williams acknowledgement in an interview with this news organization about the county “dropping the ball” in the baby Phoenix case.

Statement: “I am devastated by the passing of Phoenix Castro last spring, as are staff throughout the County’s Department of Family and Children’s Services. Since learning of this tragedy and the recent charges brought forth by the District Attorney against Phoenix’s father, I have called for additional internal, administrative review of this case, which is still ongoing.  As previously shared, we also requested an external review by the California Department of Social Services.  We must thoroughly analyze the specific circumstances surrounding this child and also implement any and all best practices needed to ensure vulnerable children are safe and protected.  The detrimental impacts of fentanyl and methamphetamine to our families and communities require our focused attention and collective partnership to keep children safe.  My department’s mandated role is to keep children safe and to support their long-term wellbeing.  We are deeply committed to this mission.”

Date: Nov. 10

Who said it: Spokesperson for the Department of Family and Children’s Services

In response to: Bay Area News Group questions about the highly redacted DFCS case file on the agency’s involvement with Phoenix Castro’s family and whether the County Counsel’s office played a part in the decision to keep the family together. (In an interview the day before, Wright said “there is no indication of county counsel overriding any decision.”)

Statement: “Through our ongoing internal review of what occurred in this case, as well as the external review we requested from the California Department of Social Services, we will be carefully examining every aspect of what was known about Baby Phoenix’s father prior to the decision to place Phoenix in his care.  This will include a review of everything that was known about his prior substance use, as well as the Department’s policies and practices around intervention determination and different types of substance use such as fentanyl.

“Because its work and decision-making regarding a family such as the Castro family is extremely complicated in nature, the Department’s review is expansive to include everything surrounding this case. The Department has continually messaged to staff to bring these types of complex cases up to their management and executive team to support decision-making, and looked at policies and procedures to support the best outcomes for children at risk of abuse or neglect.

“Based on this case’s records, County Counsel was not consulted at any time regarding the social workers’ decision to allow Phoenix to be released into the father’s care from the hospital or to remain in his care thereafter.”

Date: Nov. 14

Who said it: Director Wright

In response to: Bay Area News Group seeking response to social workers’ insistence that county’s attorneys blocked effort to remove baby Phoenix.

“We are still conducting an internal review into the tragic loss of Baby Phoenix to determine all the facts to better understand how this tragedy occurred and prevent something like this from happening again. We will be exploring this and all information that comes to light but will not have additional comment about the specifics of the case until our internal and external reviews are complete.”

Date: Nov. 17

Who said it: Director Wright

In response to: Bay Area News Group inquiries about new reforms introduced in the aftermath of the baby Phoenix scandal.

Statement: “Since becoming the DFCS Director three months ago, my focus for this Department has been our mission, which is to keep children safe and families strong by partnering with communities. Our work remains centered around the protection of children as we provide clarity in preventative measures reflective of what has been learned about the death of Phoenix, which has impacted us all. My recent communication to the department provides both a reminder of current policy and also includes refinements as we continually assess and identify best practices. We must ensure clarity around our most critical decisions. And, we can never put too many eyes on our youngest and most vulnerable children. I want to make sure vulnerable children at risk of abuse or neglect are seen regularly, especially if fentanyl or other substance use is involved with the case profile.”

Date: Dec. 6

Who said it: Director Wright

In response to: Social workers showing up en masse at a County Board of Supervisors’ meeting and the sharp rise in cases the county had opened into abuse or neglect claims in November in light of recent reforms.

The statement: As a social worker, I truly understand the difficult decisions social workers must make each and every day. As a department, we are committed to continuously reviewing outcomes and refining our practices to support staff in keeping children safe and families strong by partnering with communities. As the new Director, I implemented direction through which we are reviewing all open referrals and cases that are high risk or very high risk, and involving vulnerable children. As I learned of the cause of death on August 29, 2023, of baby Phoenix, this particular case profile and families dealing with substance use, including fentanyl, were incorporated in this assessment of cases and referrals.

In determining the right level of intervention for each individual family, the number of cases we “file on” – whether that includes children remaining in their parents’ home or removed from their parents’ care – may go up, but I caution against a conclusion that there is a “right” number of such cases.  Our families are not statistics, but real members of our community.

Families need our best efforts and partnership around supporting safe solutions for children.  In particular, as we learn more about the dangers of fentanyl and its devastating impact to families, we must ensure vulnerable children have “eyes on and arms around” them, which includes families, community partners, and our Dependency Court, when needed. The core focus of our work is keeping children safe. As the decision making my social workers must do to achieve safety for children grows in complexity, I want to ensure they are supported in the tough job they do with policies that reflect our best thinking.

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