Advocates for Children’s Rights Question State Authorities’ Decision to Leave 5-Year-Old Zoey Felix in a High-Risk Household

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Zoey Felix’s life was characterized by instability and neglect. Prior to her tragic demise at the age of five, local residents in Topeka, Kansas, had often observed her in an unkempt and malnourished state. Law enforcement agencies had been called to her residence on multiple occasions, and educational authorities had expressed concern over her frequent absences from preschool. Notwithstanding allegations of abuse from both parents and the mother’s arrest following a DUI incident with Zoey in the car, the state’s child welfare agency had been alerted yet took no action.

In September, Zoey and her father left their home, leading neighbors to speculate that they had started living in a makeshift camp in a vacant plot nearby. Tragically, Zoey was later found dead, and a 25-year-old homeless man, Mickel Cherry, has been charged with her murder.

While much public outrage has centered around the parents, advocates for children’s welfare are questioning the lack of intervention from the police and the beleaguered Kansas Department of Children and Families, critiquing the state’s failure to remove Zoey from a clearly perilous domestic situation.

Shakti Belway, executive director at the National Center for Youth Law—which previously sued the state over deficiencies in its child welfare system—termed society’s inability to safeguard Zoey as “both heartbreaking and inexcusable.”

Mickel Cherry faces charges of first-degree murder, rape, and capital murder and could potentially be sentenced to death. Neither his attorney nor his family have issued any statements. Law enforcement authorities have confirmed that Cherry was homeless at the time of his arrest and had lived at the same address as Zoey in the past.

An in-depth examination of legal documents and police reports depicts an increasingly tumultuous home life for Zoey. Court records reveal that her father had successfully obtained a restraining order against her mother, who admitted that her husband had temporary custody but refused to answer further queries.

Both parents remained unresponsive to communication attempts. Zoey’s father was employed at the gas station where efforts to resuscitate his daughter proved unsuccessful. The establishment’s management and corporate owners have also remained silent on the matter.

While the police investigation continues, it remains uncertain whether additional charges will be filed. Laura Howard, the senior official at the Department for Children and Families, labeled the case as “tragic” in a legislative hearing but offered no further details.

Mike Fonkert, deputy director of Kansas Appleseed, another organization that sued the state over its child welfare system, questioned the department’s inaction, stating, “How was that child not removed? It doesn’t make any sense.”

Residents near Zoey’s former home describe her pitiable conditions: she was often seen wearing the same clothes for days, had no access to utilities, and was occasionally cared for by neighbors who also reported concerns to child welfare agencies.

According to court and educational records, Zoey’s domestic troubles escalated in the months leading up to her death. Despite multiple interactions with child welfare services, Zoey remained in a precarious environment, finally culminating in her tragic end, raising grave questions about the efficacy and responsibility of the state’s child welfare system.

On the evening of October 2, emergency services received a distress call about an unresponsive five-year-old at a gas station. Despite attempts at resuscitation, Zoey was declared dead upon arrival at a hospital. The specifics surrounding her death remain undisclosed.

Nearby residents have erected a makeshift memorial in her memory, leaving many to grapple with the unsettling questions surrounding her untimely demise. As one neighbor poignantly asked her granddaughter, “Did Zoey go to heaven?” Her reply was a simple yet devastating, “Yes, she did.”

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Report compiled by journalists in Mission, Kansas, with contributions from AP news researchers Jennifer Farrar, Rhonda Shafner, and Randy Herschaft in New York.

Frequently Asked Questions (FAQs) about Child welfare system shortcomings

More about Child welfare system shortcomings

• Child Welfare in Kansas: An Overview
• National Center for Youth Law
• Kansas Department for Children and Families
• Understanding Child Abuse Laws in Kansas
• Kansas Appleseed: Advocacy for Justice
• Legislative Hearings on Child Welfare in Kansas
• Police Reports and Child Welfare Cases: An Analysis
• U.S. Child Welfare Statistics and Reports
• Child Advocacy Groups in the United States