Report: DSHS could have done more in Powell case

An official review of the deaths of Charlie and Braden
Powell has found that the Washington Department of Social
and Health Services “sometimes exceeded accepted standards
for child welfare practice and procedures” in their
handling of the case.

Anne Bremner, a lawyer who has represented the family of Susan Cox Powell, said a notice of claim will be filed Friday _ a procedural step that allows settlement talks before a full lawsuit is filed. The claim will be filed on behalf of Susan Powell, and a guardian ad litem has been appointed to represent her interests since she is missing.

Bremner said the family wants to see changes in how the state handles these cases, such as less focus on trying to immediately reunite parents with their children. She said Thursday’s findings bolster their case against the state.

According to a Child Fatality Review released Thursday,
the conduct and interaction of professionals involved in
the case, “demonstrated the highest concern for the
children’s health, safety and welfare.”

Charlie Powell, 7, and Braden Powell, 5, where murdered by
their father, Josh Powell during a supervised visit on
Feb. 5. According to autopsy reports, Powell struck the
children in the head and neck with a hatchet before he lit
the home on fire and killed himself.

Powell was under investigation for the 2009 disappearance
of his wife, Susan Cox Powell, in West Valley City, Utah.
He moved the family to Puyallup, Wash., shortly after she
went missing.

The children were placed in the custody of their
grandparents, Chuck and Judy Cox, after Powell’s father
was arrested for voyeurism. Josh Powell was granted
supervised visits as he sought to regain custody.

Although the review committee did not blame anyone for the
deaths of Charlie and Braden, it offered recommendations
on how the case could have been handled better.

The report cites a communication gap between the
department and law enforcement agencies in Utah and
Washington state.

” … although not required, Children’s Administration did
not consult with law enforcement officials on the decision
to move supervised visits to Mr. Powell’s home,” the
report states. “The committee noted that when there is an
open criminal investigation regarding a parent involved in
a dependency action, consultation between law enforcement
and Children’s Administration about parent/child contact
or visits may be beneficial.”

The 12-page review also noted that more information about
the ongoing investigation into Susan Cox Powell’s
disappearance could have led to a different evaluation,
and case workers may have prohibited in-home visits with
the boys. The Seattle Times
reports Former Assistant
Attorney General John Long, who represented the Department
of Social and Health Services in the Powell child-custody
case, told the panel that authorities in Utah could have
done a better job sharing information with law enforcement
here.

“When you look back, you wonder if that information would
have changed the course of events,” Long told the panel.
“I’ve done a lot of reflection on this case, obviously. I
don’t think there was any way to predict his kind of
behavior against the kids. We thought he was responsible
for her [Susan Cox Powell’s] disappearance, but that
doesn’t always translate into harming your children.”

Pierce County Sheriff’s Sgt. Teresa Berg testified she
thought the kids “were in danger all along.”

“If we had information that the kids were going to be
killed, we would have driven down there and taken the
kids,” she testified.

DSHS Children’s Administration Assistant Secretary Denise
Revels Robinson said the report will help protect kids in
the future.

“The thorough, thoughtful examination and recommendations
provided by the committee members will be of great help in
our ongoing efforts to improve our practice in keeping
children safe,” she said.

Chuck Cox, the father of Susan Cox Powell, said it is
“sad” that DSHS workers were found to have “exceeded
accepted standards for child welfare practice and
procedures.” Standards, he said, are clearly not set high
enough.

“If they exceeded those standards and we still had this
outcome, obviously there is a problem with the system,” he
said.

Anne Bremner, an attorney for the Cox family, said they
will file a claim against the state on behalf of Susan Cox
Powell.

“We think that something else has to be done,” she said.
“This review isn’t enough. We want to make sure things
change dramatically in the future.”

KIRO Reporter Brandi Kruse and the Associated Press
contributed to this report