Tuesday, Sept. 13, 2005 | 9:46 a.m.
The Las Vegas Sun filed suit Monday against the Clark County Department of Family Services and Child Protective Services in order to gain access to social services records of a 2-year-old girl who the coroner determined died of malnutrition and neglect.
District Judge Stewart Bell is expected to review the records in chambers and determine whether they should be released.
Adacelli Snyder died June 29 of cachexia -- wasting away due to malnutrition and neglect. A medical examiner determined her manner of death was homicide.
Charlene Snyder, 28, and Jack Richardson, 25, have both pleaded not guilty to second-degree murder and four counts of abuse and neglect in connection with the death of Adacelli and for allegedly allowing Synder's two other daughters, ages 5 and 3, to suffer from a severe lice infestation for more than a year.
CPS monitored the family for a year after receiving reports that Adacelli was losing weight and there were poor conditions in the home. It closed its file in June 2004.
The Sun's suit argues for the release of the records because "important questions exist as to the reasons why CPS terminated its investigation and closed its case file in this matter."
"Disclosure of the records of this case will assist the public in making this determination as to whether its government is functioning in an appropriate manner," the suit argues.
Child welfare agencies at the state level have resisted providing records on fatalities of children who were in the custody of a child welfare agency or whose family received services from a child welfare agency.
The state Division of Child and Family Services previously denied a Sun request for any and all information on any and all deaths of children in the foster care system throughout the state.
The state attorney general's office on June 8 stated that the individual case information "is confidential pursuant to various state and federal laws" but cites no state or federal restrictions on such information.
According to information found on the federal Administration for Children and Families Web site, new amendments in the Child Abuse Prevention and Treatment Act requires that states preserve confidentiality of all reports and records on child abuse to protect the privacy of children, parents or guardians.
However, ACF also stated that "the only exception to the restrictions on disclosure of otherwise confidential child abuse and neglect information is in cases of child abuse or neglect that result in the death or near death of a child. In such cases, (the Child Abuse Prevention and Treatment Act) requires public disclosure of the findings and information about the case."
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