Fired CPS investigator made mistakes in investigation of child later slain, report finds

Mistakes were made in a Child Protective Services investigation into allegations that Adrian Langlais was being abused in the months before the 2-year-old boy’s March slaying, according to an independent review of the agency’s handling of the case.

The CPS investigator failed to check with police to ensure that a joint investigation would be conducted, as required in such cases, did not have police or medical professionals look at photographs of Adrian’s injuries and did not address all allegations that had been made, the review found.

Though CPS officials could not comment on Jasma Hayes’ current employment status, Hayes confirmed Friday that she has been fired by the agency but is appealing her termination.

The review, conducted by the Office of Child Safety, was released to the Star-Telegram on Friday.

Its release comes two weeks after Christian Tyrrell, the 22-year-old boyfriend of Adrian’s mother, was indicted on a capital murder warrant accusing him of inflicting the fatal injures on Adrian by striking him with or against a hard surface.

Adrian was hospitalized March 18 — his second birthday — and died the next day of what the medical examiner later ruled was head trauma. His death was ruled a homicide.

John Winkler and Laura Martinez, who had cared for Adrian frequently and considered themselves the child’s adoptive grandparents, have complained to the Star-Telegram that CPS didn’t do enough after the couple filed separate reports with the state agency that they believed Adrian was being abused.

Instead, Winkler said, the agency prevented him from having any more contact with the child.

“They left the child vulnerable,” Winkler told the Star-Telegram.

Winkler said Friday that he is pleased that Hayes was terminated “because she ignored me and ignored my concerns” but that he believes that her supervisor should also have been let go.

“All along Jasma was telling me it was her supervisor’s decision to keep me from seeing Adrian,” Winkler said. “I was just perplexed over it because I’m the one who made the report.”

Winkler said both Hayes and her supervisor told him the case would remain open for at least six months when, in fact, it was quickly closed.

“I regret that I even reported it to CPS,” Winkler said. “I think if I had not reported it to them, there’s a good possibility Adrian would still be alive because I was actively checking on him.”

The review shows that CPS received three reports involving Adrian between Dec. 23 and Jan. 27.

The reports involved allegations that Adrian was being abused and neglected by his mother, Jessica Langlais, and Tyrrell, the mother’s “paramour.” One of the reports also alleged neglectful supervision by Adrian’s father, Ulises Herrera. (Winkler said Friday that he never accused Herrera of that and that he didn’t know where CPS got that information.)

The reports were merged into a single investigation, which was closed Feb. 19 — exactly one month before Adrian’s death — with all the allegations being ruled out.

What was done

The review details the investigation as follows:

▪ The investigator saw Adrian twice — once on Dec. 29 after the first two reports were made to the agency and again Jan. 29, after the third report. No signs of injury were found on the child during either contact.

▪ Herrera was interviewed and told the investigator that he had no concerns for his son with the mother.

▪ Jessica Langlais told the investigator that she never left her son alone with her boyfriend. Others interviewed, including Adrian’s doctor and relatives who saw the boy weekly, expressed no concerns about Adrian.

▪ Langlais and Tyrrell admitted to the investigator that they had smoked marijuana at a party.

▪ A safety plan was made with the boy’s parents, in which both said they would not smoke marijuana and would not allow Adrian to be around a previous caregiver. The review does not identify the caregiver, but Winkler has said it was him.

▪ The investigation was closed, the review states, because Adrian showed no outward signs of physical abuse during the investigation. And although the mother and boyfriend admitted to using marijuana, it was allegedly not in Adrian’s presence.

“The allegation of neglectful supervision of Adrian by his father was ruled out as there was no evidence that Adrian was being left in a dangerous situation,” the review states.

What was not done

The Office of Child Safety found that the CPS investigator failed to follow up with police about the abuse reports as required in Priority 1 investigations. The review says documentation in the case file only states “there was no need of law enforcement involvement.”

Though sent photos of Adrian’s injuries by Winkler, no follow-up was done by the investigator regarding the pictures, nor did she share them with medical professionals or law enforcement to review, the office found.

And although told that Adrian’s injuries had reportedly occurred at the home of Tyrrell’s mother while playing with other children, the investigator never contacted the boyfriend’s mother or the children at her home to look into those allegations, the review found.

The review also noted that although the investigation revealed possible domestic abuse between Langlais and her boyfriend, as well as admitted marijuana use by both, the investigator didn’t explore those issues with law enforcement, nor did she complete a history and assessment of their substance abuse.

“Allegations surrounding the mother’s alcohol abuse to the point of losing consciousness were never addressed,” the review found.

In the investigation into the death of Adrian, the agency found “reason to believe” that both Langlais and Tyrrell were medically neglectful and provided neglectful supervision to Adrian, the report states.

Langlais was not charged in connection with her son’s death.

The Office of Child Safety recommended in the review that CPS consider additional training or guidance to field staff, including when to contact law enforcement, ensuring that all allegations are thoroughly addressed and allowing the Forensic Assessment Center Network to review all photographs of alleged abuse to help determine the cause or seriousness of the injuries.

The Office of Child Safety, formed in September by Texas Department of Family and Protective Services Commissioner John Specia, reviews serious and fatal child abuse and neglect cases to look for patterns and any issues in the system.

In 2014, 6,097 children in Tarrant County were confirmed victims of abuse or neglect — more than any other county in Texas, according to a report by the department.

Eleven children in Tarrant County died of abuse or neglect in 2014, the fourth most in a Texas county.

This story was originally published July 31, 2015 at 6:36 PM with the headline "Fired CPS investigator made mistakes in investigation of child later slain, report finds."