El Paso County commissioners approve settlement in foster-care death case

El Paso County commissioners approve settlement in foster-care death case

March 02, 2010 10:53 AM
EILEEN WELSOME and JOANNA BEAN
THE GAZETTE
The El Paso County Board of County Commissioners on Tuesday approved a $300,000 out-of-court settlement with the estate of Alizé Vick, a 2-year-old killed while in foster care.

The settlement clears the El Paso County Department of Human Services of all claims in a suit brought by the estate of Vick, who died of a closed head injury while in the care of former foster mother Jules Lynn Cuneo. The settlement will be paid from the county's self-insurance risk management fund, said Rick Bengtsson, director of El Paso County Department of Human Services.



As a result of Vick's death, the department initiated what it called a "best practices review." The department has since assigned an additional employee to its team that investigates alleged child abuse cases in foster homes, among other changes, the county said.

“We were responsible for her care and well-being,” Bengtsson said Tuesday. “But the person who killed the child was ultimately responsible.”

A supervisor now reviews any allegation of child abuse, including photographs, videotape, audio tape or other relevant information. And the three-person team that reviews child abuse complaints investigates all assigned allegations involving a foster home within 24 hours.

“It was a tragic event,” said Bengtsson, “and we’re going to do everything we can to make sure it never happens again.”

On Feb. 19, a 4th Judicial District jury found Cuneo guilty of child abuse resulting in death but did not convict her of first-degree murder, which would have meant mandatory life in prison.

The jurors in the criminal case did not hear some evidence that might have figured in a civil trial, such as alleged instances of verbal abuse by Cuneo overheard by a neighbor on a baby monitor.

A civil trial also could have raised other issues, such as allegations that authorities ignored obvious issues about Cuneo’s suitability before she was approved as a foster care mom and complaints raised months prior to Alizé’s death by her grandmother.

El Paso County Human Services removed Alizé and her younger brother Anthoni from their home in March 2007, in part because they were living with their paternal grandfather, a registered sex offender.

On the day the county took custody of the children, their mother, Ashley Lindenberger, said she was high on drugs.

One month later, she and the children's father were in jail.

Lindenberger also filed lawsuits in 4th Judicial District Court against Cuneo and Kids Crossing, the nonprofit agency that placed the Vick children with Cuneo.

However, all sides reached an agreement to dismiss those lawsuits on Nov. 25, according to court records.

Jeffrey R. Hill, the attorney for Lindenberger in both the state and federal lawsuits, said earlier this month he could not comment on the reason for the dismissal.

http://www.gazette.com/articles/county-94971-foster-settlement.html