LIBERTY, NY — A recently released report has shed some light into the circumstances behind the overdose death of a one-year-old child. 

Akasha Luvert died on May 2, at one year of age, after an accidental ingestion of fentanyl, among other drugs. Her parents have been charged with second degree manslaughter for allegedly leaving drugs accessible and for doing drugs while taking care of Akasha and her younger sibling. 

The New York State Office of Children and Family Services (OCFS) prepared a report on Akasha’s death. According to the report, OCFS is mandated to investigate youth fatalities where the child was being monitored by child protective services or family services. 

The report found that the casework activity from the Sullivan County Department of Family Services (SCDFS) was “inconsistent in addressing safety concerns” in the lead up to the death. 

Timeline of a tragedy

The family had been under supervision from SCDFS before May. 

SCDFS investigated allegations made in December of 2021 when Akasha was born; according to the allegations, her mother tested positive for cocaine upon her birth, with corresponding ill effects upon Akasha.  

The OCFS report critiques the SCDFS investigation of these allegations. The report says SCDFS “incorrectly determined” that the allegations were unfounded, because of the negative effects upon the child and the presence of cocaine for the mother. It says as well that, while SCDFS had an initial consultation with its legal team, it failed to follow up that consultation when more information became available. 

The child’s mother gave birth to a younger sibling on January 12. Multiple reports were made in the aftermath to the state register of child abuse. They alleged that the sibling tested positive for cocaine upon birth, that the parents used heroin and crack cocaine while taking care of Akasha and that the child did not adequate food or care. 

SCDFS investigated the allegations, and according to report, it substantiated some of them, specifically the allegations of “inadequate guardianship” and “parents drug / alcohol misuse” against Akasha’s mother. 

These allegations did not result in the children being removed from their parents. 

Was legal counsel consulted?

The OCFS report says that “SCDFS reported they consulted with their legal department on January 23, 2023, February 6, 2023 and February 24, 2023, regarding a removal of the children and their efforts to do so were denied.” The final date—February 24—is the same day the SCDFS investigation substantiated some of the allegations against Akasha’s mother. 

Acting District Attorney Brian Conaty placed the blame for the lack of action on the county attorney’s office in comments made on May 18. “[With investigation] I learned that [Child Protective Service] CPS had requested the removal of these children on three separate occasions, and when CPS brought these concerns to their legal branch—the county attorney’s office—the county attorney himself, Mike McGuire, refused to institute removal proceedings as requested,” he said. 

McGuire rejected those claims in May, and again at a Thursday, September 19 meeting of the Sullivan County Legislature. 

“[SCDFS] never asked us to remove that child until May 4,” McGuire said. He said that the OCFS only spoke to SCDFS in the process of compiling its report, and didn’t speak to his office. 

McGuire alluded to communications between SCDFS and his office in January, but said it did not constitute a conference with his office, and that the calls were unfounded. 

The OCFS report does not make it clear whether the substantiated allegations of inadequate guardianship and drug misuse would have been sufficient for removal. It does take issue with the SCDFS safety assessments, saying, “The casework activity was not commensurate with case circumstances and SCDFS did not adequately address safety concerns identified.”

Follow-up

SCDFS continued to attempt intervention in the months following their alleged requests for removal. 

Another report to the state child abuse registry came on March 20. This report alleged that Akasha’s younger sibling had suspicious bruises on his inner thighs, and included further allegations of drug misuse and inadequate care. 

SCDFS substantiated most of the allegations in the report, though it could not find evidence that the parents had caused the bruises on the child’s inner thighs. The final determination for this report came on May 19—over two weeks after Akasha’s death. 

While investigating, SCDFS documented several visits to the family, attempting to provide information on safe sleeping practices and discussing possible court intervention. 

“SCDFS last saw [Akasha] on May 2 and noted no concern,” reads the report. She died later that day. 

Next steps 

The OCFS report says that SCDFS will put in place a performance improvement plan, identifying actions that SCDFS has taken or will take to address the problems listed in the report. 

Acting DA Conaty says the parents are set for a court appearance in November, though he expects that date to be pushed back. While he says he cannot comment on the specifics of the report, he calls it “disheartening.”

More discussion of the report in October's full legislative meeting here.