Mother charged after 1st baby of 2010 found dead in dirty garage (CO)

[Texas Mist]

LOVELAND - A Loveland infant who died 24 days after birth was kept in a dirty garage and had breathing difficulties that sometimes caused her to turn blue, according to an affidavit that led to the arrest of the baby's mother.

Summer Moon Hawk, who was born on New Year's Day and was the first baby born this year at McKee Medical, died on Jan. 25. Her mother, Kaylynn Marie Davis, 20, was charged with child abuse resulting in death and is jailed under $300,000 bond.

Davis sometimes left Summer and her 2-year-old sister, Pheonyx Davis, with strangers so she could go "party," according to an arrest warrant affidavit filed by Scott Highland of the Loveland Police Department. Close friends told police that Davis "actually becomes a better mother when she is high in that she has a little bit more patience and will pay a small amount of attention to them," the affidavit said.

The Colorado Department of Human Services had an open case on Summer because she tested positive at birth for THC, a chemical in marijuana, according to the affidavit. DHS also had opened a case when Pheonyx Davis tested positive for THC when she was born on Dec. 30, 2007.

DHS spokeswoman Liz McDonough said she was legally prohibited from speaking about individual cases.

But she said in general, health care providers are required to notify the county human service office if there's evidence that the mother's behavior threatens the health of the child.

The county will then develop "a safety plan for the child," with specific actions varying on a case by case basis. They could require increased supervision of the mother, parenting classes and taking custody of the child.

DHS conducts a "fatality review" if an infant dies of suspected abuse or neglect within five years of involvement with the family welfare unit, McDonough said. She couldn't immediately say Monday whether such a review has begun in Summer's death.

more heartwrenching details here

http://www.9news.com/rss/article.aspx?storyid=132391

Find love & comfort in the arms of angels, baby Summer where you never have to be cold, hungry or alone again

[Openmind]

Poor baby girl. She never had a chance. I hope they have the sister someplace safe.

Who leaves a newborn in a cold garage? Where the grandmother and great grandmother in the house while the baby was in the garage? How many generations failed this baby?

[not_my_kids]

So, the great grandmother sees the baby, sees that she is blue, feels that the temperature was freezing for a newborn...and went back to bed.
The grandmother sees that the mother is needing help caring for the baby...and does nothing to assist.
The mother leaves her two kids alone in a freezing garage, and runs around partying, instead of staying her arse at home with her kids, she having too much fun smoking pot, and essentially killing them...and no one does a dam thing.

America the Freakin Beautiful.

[Missizzy]

Can there be sadder words, "fatality review", when you're talking about a tiny baby?

Sleep little Summer Moon, you'll be warm and cuddly now.

That's a lot of sadness, Texas Mist. We need to bear witness but still I know how our hearts all just sink when we read another one.

(((hugs to you all)))

[Mr. E]

The article said that it wasn't immediately clear who was caring for Summer's two-year-old sister. Well, I certainly hope it's not a member of the family. What kind of idiot sees a blue newborn and doesn't rush her to the emergency room? "You're good at putting them to bed but not waking them"??? Was grandma high, too??

[CarrieBean]

Originally Posted by not_my_kids

So, the great grandmother sees the baby, sees that she is blue, feels that the temperature was freezing for a newborn...and went back to bed.
The grandmother sees that the mother is needing help caring for the baby...and does nothing to assist.
The mother leaves her two kids alone in a freezing garage, and runs around partying, instead of staying her arse at home with her kids, she having too much fun smoking pot, and essentially killing them...and no one does a dam thing.

America the Freakin Beautiful.

No kidding. It sounds like this kind of idiocy has been going on for generations in this family. I also hope the other child hasn't been left with grandma or great grandma.

[kgriffin]

I agree with all the posts above but wonder if DHS did any home visits. If this chilld tested positive, wouldn't take be a logical action? I know the systems is overloaded with cases in every state but that seems to be a huge flad to me, especially after the oldest child tested positive too.

[not_my_kids]

Originally Posted by kgriffin

I agree with all the posts above but wonder if DHS did any home visits. If this chilld tested positive, wouldn't take be a logical action? I know the systems is overloaded with cases in every state but that seems to be a huge flad to me, especially after the oldest child tested positive too.

Here, a THC positive baby is enough to open a case, it is not grounds for removal.
To quote a family court judge, "It's only pot."
~sigh~

[MomofBoys]

I don't think this case has anything to do with drugs, at least in terms of it being some kind of mitigating "she wasn't in her right mind" factor. I say that only because it was one of the first things brought up in the article and while it should have been a red flag, I'm not sure it was a big factor.

I think this was ignorance, laziness, indifference, and not just with the mother. Over and over there are all these quotes from family members and friends. The child was BLUE and great-grandma went to bed. Grandma, who is probably of age to have sound mind, helped her, but seemed perfectly fine with the fact that a newborn infant was sleeping in a dirty room at roughly the same temperature as a fridge. Not any newborn infant, but her grandchild.

Then, there's what basically frames the narrative of the story. "She was actually a better mother when high because she had more patience..." "The baby would stop breathing and turn blue..." !!!! Why can the media find these people, yet those quoted never quite make it to DCF?

I can't really blame the state in this case. I think there should have been followup, but somehow by the grace of God this baby made it to her well baby visits. The doctor said she didn't mention the breathing issues, but if she truly was congested--I'd think they'd have noticed that. Perhaps they did and didn't think it was serious. Babies get colds.

Just boggles the mind. And at the end of the article, I found so many people at fault. In some ways, I almost blame the mother least because apparently it was obvious to everyone she was a moron. We need to look out for the morons in our society, and anyone who saw the baby in that cold room and did nothing, or went back to bed when they saw the baby was blue, or somehow found a voice when it came to the press--they're as guilty as the mom.

Don't get me wrong. Mom should spend as much time as the law allows in prison and have a hysterectomy. I just think they could fill a few cells around her. As Brass would say, Felony Stupid.

[Lyn1001]

Originally Posted by MomofBoys

Then, there's what basically frames the narrative of the story. "She was actually a better mother when high because she had more patience..." "The baby would stop breathing and turn blue..." !!!! Why can the media find these people, yet those quoted never quite make it to DCF?

You nailed it, people come out when the press comes and something bad happens, but forget telling DCF. I think, IMO, people don't want to get involved. They want to keep their friends, stay on good terms with neighbors, are scared of retaliation, etc... When something does happen and the media comes out, then it's 15 seconds of fame. It also means they don't have to worry about being "in trouble" with the offending person because that person is already in trouble with the law. It's not their fault, so now it's okay to talk. That's what I see anyway. The other thing is sometimes friends don't think it's that big of a deal and will downplay it to themselves thinking they're overreacting. Or they flat out don't care (until the media shows up).

[MomofBoys]

Here, a THC positive baby is enough to open a case, it is not grounds for removal.
To quote a family court judge, "It's only pot."

I've never tried pot and have never had an interest in doing so. That said, I'm probably going to have an unpopular opinion here.

I kinda get what the judge is saying. If you put pot up next to some of the stimulants, I'm not sure pot is any worse than a baby or mother testing positive for alcohol. Or levels of nicotine. Do I think it's a good thing? Absolutely not. It's just my personal opinion that if you're going to keep marijuana illegal, you should start with alcohol. Of course, prohibition had its own problems.

I think a mother who smokes during pregnancy is just as negligent as someone who imbibes in pot. I think a mother who drinks while pregnant is just as irresponsible. The only difference is that lobbyists have been able to keep those legal while marijuana has been kept illegalized.

I sound like someone who wants marijuana legalized, and that's not the case. The image of people walking around smoking pot is no better to me than having people blow smoke in my face at a concert. I just think that someone testing positive for THC doesn't necessarily make them any more irresponsible than a parent who chooses to smoke tobacco while pregnant, or who drinks. At least with drinking and smoking, there has been research done to show exactly what kind of effects the behavior has on the fetus and newborn. You can't put forth research with any credibility on marijuana because it's illegal and accurate, long-reaching studies don't exist.

Again, I reiterate that it's wrong. I just think the irresponsibility/disconnect is the same with smoking and drinking as it is with pot. When I see an eight month pregnant woman with an obvious bump smoking outside of Moe's, I think she should be cited. What's the difference? That smoking's legal? That baby is still paying for its mother's selfishness. She's not putting the baby first in that situation, and I think with SOME mothers...that ability to put the baby second extends into other things. If a mother has a BAC at the birth of her infant, that baby should be removed. I'm just for equality in our outrage at people who abuse substances while pregnant, and nicotine and alcohol should be just as "gasp!" as marijuana.

[Cubby]

Originally Posted by MomofBoys

I don't think this case has anything to do with drugs, at least in terms of it being some kind of mitigating "she wasn't in her right mind" factor. I say that only because it was one of the first things brought up in the article and while it should have been a red flag, I'm not sure it was a big factor.

I think this was ignorance, laziness, indifference, and not just with the mother. Over and over there are all these quotes from family members and friends. The child was BLUE and great-grandma went to bed. Grandma, who is probably of age to have sound mind, helped her, but seemed perfectly fine with the fact that a newborn infant was sleeping in a dirty room at roughly the same temperature as a fridge. Not any newborn infant, but her grandchild.

Then, there's what basically frames the narrative of the story. "She was actually a better mother when high because she had more patience..." "The baby would stop breathing and turn blue..." !!!! Why can the media find these people, yet those quoted never quite make it to DCF?

I can't really blame the state in this case. I think there should have been followup, but somehow by the grace of God this baby made it to her well baby visits. The doctor said she didn't mention the breathing issues, but if she truly was congested--I'd think they'd have noticed that. Perhaps they did and didn't think it was serious. Babies get colds.

Just boggles the mind. And at the end of the article, I found so many people at fault. In some ways, I almost blame the mother least because apparently it was obvious to everyone she was a moron. We need to look out for the morons in our society, and anyone who saw the baby in that cold room and did nothing, or went back to bed when they saw the baby was blue, or somehow found a voice when it came to the press--they're as guilty as the mom.

Don't get me wrong. Mom should spend as much time as the law allows in prison and have a hysterectomy. I just think they could fill a few cells around her. As Brass would say, Felony Stupid.

I tend to agree with most of this, but DFS had TWO cases here. BOTH of these children were born with drugs in their system. Not just once, TWICE . I'm on why DFS wasn't more involved. They at least know the mother was on drugs for two years straight between births. That alone to ME is a red flag. Does DFS not do home checks when children are born to addicted mothers?

Not only did the mother, the family, the friends quoted in the media, but DFS failed this child too. There were TOO MANY who saw the problems yet nothing was done to prevent this.

I can only think and find some measure of comfort in the fact that it was cold in that garage and perhaps this baby 'fell asleep' due to hypothermia and wasn't in pain like so many of the children we read about here at WS.

RIP little Summer. You are with the angels now. Spread your wings and play with Aveion and Eddie.

[raysgirl1126]

This is so sad! RIP baby Summer!

[Lyn1001]

Originally Posted by Cubby

I tend to agree with most of this, but DFS had TWO cases here. BOTH of these children were born with drugs in their system. Not just once, TWICE . I'm on why DFS wasn't more involved. They at least know the mother was on drugs for two years straight between births. That alone to ME is a red flag. Does DFS not do home checks when children are born to addicted mothers?

Not only did the mother, the family, the friends quoted in the media, but DFS failed this child too. There were TOO MANY who saw the problems yet nothing was done to prevent this.

I can only think and find some measure of comfort in the fact that it was cold in that garage and perhaps this baby 'fell asleep' due to hypothermia and wasn't in pain like so many of the children we read about here at WS.

RIP little Summer. You are with the angels now. Spread your wings and play with Aveion and Eddie.

To be honest, it depends on what the court says. If a petition was brought before the court for services or removal, and the court denied it, then the State can't do anything. Just because a computer system shows the case as being open, doesn't mean it's still an open case. I know that sounds odd, but sometimes there is a lag time between the case closing and the computer system closing the case. On the other hand, if there was an actual ongoing case, then yes, someone should have been visiting.

[Lyn1001]

Originally Posted by MomofBoys

I've never tried pot and have never had an interest in doing so. That said, I'm probably going to have an unpopular opinion here.

I kinda get what the judge is saying. If you put pot up next to some of the stimulants, I'm not sure pot is any worse than a baby or mother testing positive for alcohol. Or levels of nicotine. Do I think it's a good thing? Absolutely not. It's just my personal opinion that if you're going to keep marijuana illegal, you should start with alcohol. Of course, prohibition had its own problems.

I think a mother who smokes during pregnancy is just as negligent as someone who imbibes in pot. I think a mother who drinks while pregnant is just as irresponsible. The only difference is that lobbyists have been able to keep those legal while marijuana has been kept illegalized.

I sound like someone who wants marijuana legalized, and that's not the case. The image of people walking around smoking pot is no better to me than having people blow smoke in my face at a concert. I just think that someone testing positive for THC doesn't necessarily make them any more irresponsible than a parent who chooses to smoke tobacco while pregnant, or who drinks. At least with drinking and smoking, there has been research done to show exactly what kind of effects the behavior has on the fetus and newborn. You can't put forth research with any credibility on marijuana because it's illegal and accurate, long-reaching studies don't exist.

Again, I reiterate that it's wrong. I just think the irresponsibility/disconnect is the same with smoking and drinking as it is with pot. When I see an eight month pregnant woman with an obvious bump smoking outside of Moe's, I think she should be cited. What's the difference? That smoking's legal? That baby is still paying for its mother's selfishness. She's not putting the baby first in that situation, and I think with SOME mothers...that ability to put the baby second extends into other things. If a mother has a BAC at the birth of her infant, that baby should be removed. I'm just for equality in our outrage at people who abuse substances while pregnant, and nicotine and alcohol should be just as "gasp!" as marijuana.

I can totally understand your point and where you're coming from. I wanted to let you know that in my area, often times alcohol is actually looked upon worse from the court's standpoint than pot (in children's services cases).

[AutomaticAuttie]

http://www.drugfree.org.au/fileadmin...nabisPaper.pdf

There is also significant supporting research on the effects of cannabis use during pregnancy on newborns, with
THC readily crossing the placenta (Bada, 2006; Cornelius, 1995; Bailey, 1987) – Bluhm (2006) discusses an
increased risk of neuroblastoma; Robinson et al (1989) identified an eleven-fold increase in leukaemia; and, there
are multiple abnormalities in physical appearance, size, weight and hormonal functions discussed by Fried, 1980
and 1984; Zimmerman, 1991; Zuckerman, 1989; Barnett, 1983; El Marroun 2008; Mendelson, 1985 and 1986).
A paper by Klonoff-Cohen et al (2006) studied the effects of cannabis use on the outcomes of IVF and GIFT fertility
treatments and concluded cannabis use lowered the prospects of successful treatments. They found females
produced fewer eggs and the child once successfully conceived had a significantly lower birth weight.
The risk of miscarriage of ectopic pregnancy of women smoking cannabis in the early stages of pregnancy was
highlighted in recent research by Day (2006).

[MomofBoys]

Originally Posted by AutomaticAuttie

http://www.drugfree.org.au/fileadmin...nabisPaper.pdf

There is also significant supporting research on the effects of cannabis use during pregnancy on newborns, with
THC readily crossing the placenta (Bada, 2006; Cornelius, 1995; Bailey, 1987) – Bluhm (2006) discusses an
increased risk of neuroblastoma; Robinson et al (1989) identified an eleven-fold increase in leukaemia; and, there
are multiple abnormalities in physical appearance, size, weight and hormonal functions discussed by Fried, 1980
and 1984; Zimmerman, 1991; Zuckerman, 1989; Barnett, 1983; El Marroun 2008; Mendelson, 1985 and 1986).
A paper by Klonoff-Cohen et al (2006) studied the effects of cannabis use on the outcomes of IVF and GIFT fertility
treatments and concluded cannabis use lowered the prospects of successful treatments. They found females
produced fewer eggs and the child once successfully conceived had a significantly lower birth weight.
The risk of miscarriage of ectopic pregnancy of women smoking cannabis in the early stages of pregnancy was
highlighted in recent research by Day (2006).

I'm not sure that anyone is denying that there are risks, but you can Google "smoking during pregnancy" and "drinking during pregnancy" and get just as dire returns. If not more so.

When I posted about the lack of available studies, the difference between studies regarding marijuana use and, say, cigarette smoking is that you get a much broader study group because there are women out there that will readily admit smoking during pregnancy. A lot of the results gleaned from the cannibas studies result from birth outcomes of babies that tested positive, making it hard to know if their issues were pot related to marijuana use or not. Instead of a "I smoked about a pack of day" you might get "I was in a crowded room where people were smoking pot" (uh-huh) and it's hard to know how much it contributed to the outcome. Chalk it up to pot being illegal, I guess.

Again, keep marijuana illegal. I just think that there needs to be the same attention paid to use of other substances. Something being legal doesn't make it safe, necessarily, or responsible.

I'm glad that some states do take alcohol intake by the mother seriously. I know they say a glass of red wine or a dark beer in late pregnancy is fine or even beneficial, but I'm just too conservative, LOL.

[Melly53]

Where the heck was the father in this situation? Was he aware of where the baby was being kept?

It is sad that so many so called adults failed this innocent child? They should all be held accountable for her unnecessary death IMO.

Rest in peace Summer. May God hold you in his warm and loving arms forever.

[not_my_kids]

You know, I'm not saying that smoking pot should lose someone their children. My position on marijuana and it's positive benefits is well known in the basement. I actually don't hold much, if anything, against someone for smoking. I'm not that big a hypocrite. BUT, when a child tests positive for an illegal substance, I think that should be a reason to look a little deeper. I agree that it's only pot, but the point is that a woman that will continue to do something illegal while pregnant, doesn't seem to have much regard for the child, just because if they get caught, their baby could be born in jail and grow up without a mother, for at least a little while. I think that when a baby tests positive for an illegal narcotic, it's a really big warning sign. And it was missed.
However, it wasn't just the mother this time, and to be honest, I am not as a quarter as angry at the state for not acting as I am at the other competent adults, including the mother, for not acting. The state was not in that home to see the baby turning blue, they wren't there to see the mother leaving her in the garage alone, and even I don't expect CPS to babysit 24 hours a day. But there were two other adults in that home, seemingly both at least competent enough to take note of little one's condition and surroundings. And they did nothing. So, there's a mother that neglected her child to death. There's a toddler out there that has lost her mother and her little sister that she just probably got really bonded with. There is a father out there somewhere that may have lost a child he cared about (I don't know the circumstances there). And there are two other adults that helped this drama play out the way it did. If they'd just picked up the phone, at least everyone in this story would still have a chance. Everybody in this case just failed, that's what I was getting at. There were neon road signs screaming "BABY IN DANGER" and everybody looked the other way.

[Missizzy]

Our family has been at the "receiving end" of this same scenario with far better results. We have two children born to a crack using mom (different dads). The first baby boy had a positive tox screen at birth but mom was allowed to take him home as long as she stayed at the great-grandma's house. Notes were even made in the DHS and hospital file that mom could not stay with her mother as she was also a drug user. Many of you have been so right in stating that this is obviously a multi-generational problem here.

OK, mom takes little guy home and stays with great-grandma for a month. She leaves the baby boy there (thank you God) and goes out and prostitutes again. Two months later she turns up pregnant and used crack all through that pregnancy. She was high when she went into labor at 33 weeks. Second little guy is born early, weighing only 3 pounds. Positive tox screen. That baby boy did not get to go home with mom but instead went into a fabulous "medically fragile" foster placement where his year old brother joined him two weeks later.

Fast forward one year and we show up at the door, having been the "chosen" family. We meet the two most adorable-bring-you-to-your-knees little boys who have been doted upon by a wonderful foster family. Both boys were crack cocaine exposed. Both were premature. But both were taken early from an abysmal situation and had their needs met. I don't think either had ever even had a skinned knee.

Don't get me wrong, they have challenges. But they are well-balanced, proud, highly principled young man. One was the Student Body President of his high school and one is a state ranked athlete in college. They are the lights of my life.

Oh, and the mom.....she moved out of state and had five more babies. All drug exposed.....all entered the system and we are assisting our sons in helping them search for their siblings. I only hope they've had the love and protection our boys got.

Concerning this case, DHS should have been watching these babies closely. I have a strong suspicion that THC was not the sole reason for the first or second referral and agree with much which is posted above. Oh, if only my kids' moms had smoked pot instead of using crack, pcp, meth, and/or heroin.

[txsvicki]

Most women aren't just going to smoke pot during pregnancy. It's not physically addictive so why would they even bother unless they think it's cool. This woman probably did other drugs that just didn't show up in tests. People who are addle brained enough to think that babies should be in an unheated garage need to either be in a state hospital, nursing home, or prison.

[Mr. E]

Oh, and the mom.....she moved out of state and had five more babies. All drug exposed.....all entered the system and we are assisting our sons in helping them search for their siblings. I only hope they've had the love and protection our boys got.

This right here is, in my opinion, a perfect example of why there should be mandated sterilization. This woman made a couple of mistakes. She had every opportunity to prove to everyone that she could pull herself together and be a mother to the children she brought into the world. They let her bring one crack baby home with her. What does she do? Continue on with a life of drugs and prostition. She couldn't even be bothered to stay on birth control. Baby after baby are brought into the world, and maybe they didn't have the same good fortune as the first two.

And how about a man who fathers multiple children with multiple women? Then is not around to be a father, much less pay child support. Sterilization.

This is not the forum for my wild and out-there ideas, I know, but this whole case just makes me so mad. Someone is given the gift of a baby, and she doesn't care enough about this new person to grow up and put her own desires (partying, drinking, drugs) aside so her child can have a decent life. Nobody deserves to be treated like that. And it just breaks my heart that nobody cared enough to help the baby, not even her own grandmother! That said, I really hope the older sister, the two-year-old, is somewhere warm and safe and happy.

[Texas Mist]

Grandma: Mistakes unintentional in newborn's death


LOVELAND - The grandmother of a Loveland woman accused of neglect leading to the death of her 24-day-old daughter said the family made mistakes, but didn't intentionally harm the infant.

People make some really serious mistakes. We sure did, but it wasn't intentional," Marjorie Bennett said in an e-mail to the Coloradoan.

Bennett is the grandmother of 20-year-old Kaylynn Davis, who is charged with child abuse resulting in the death of her infant daughter, Summer Moon Hawk. Davis is being held with a $300,000 bail at the Larimer County Detention Center.
.............
In a brief e-mail to the Coloradoan, Bennett said the paper "slaughtered my family" in its coverage of the case. She disputed some of the details in the affidavit.

Scott Highland of the Loveland Police Department wrote in the affidavit that Davis' friends expressed concern that she left her children with other people. She has a 2-year-old daughter, Pheonyx Davis.

"Witnesses have seen her leave Pheonyx with strangers several times so that she can go 'party,'" Highland said in the affidavit. "Kaylynn did this again with Summer when she left her with a woman named Sonia Diaz. According to Sonia, they were only acquaintances."

Bennett wrote, "Kay never left her baby with strangers! She only left her with a responsible adult."

She also disputed Highland's statement that the temperature in the garage dropped to 43.7 degrees the night after Summer was found dead.

Highland said there was "a small space heater in the room, but no other source of heat."

"The garage was 43 when the police checked because they removed the heater," Bennett said in her e-mail.

"The garage is attached to the house. There was a new heater in there set on high 24 hours a day. Did Highland tell you that? It actually kept the room at about 71," she said.

more here

http://www.9news.com/rss/article.aspx?storyid=132511

[Texas Mist]

Deaths of 2 area newborns prompt Human Services internal investigations

By Nate Taylor • For Loveland Connection • March 1, 2010

Larimer County Department of Human Services is the subject of two internal investigations into how its employees handled cases where newborns in Loveland and Fort Collins died while they were under some level of supervision by case workers.
Advertisement

After almost two years of review, a report detailing how Larimer County employees handled the case of Chad Munoz, a 20-day-old Fort Collins child who was killed in January 2008, will soon be made public, according to Colorado DHS spokeswoman Liz McDonough.

A second review of how employees handled the case of Summer Moon Hawk, a 24-day-old Loveland child who died Jan. 25, is just getting started.

Summer's mother, Kaylynn Davis, faces child abuse resulting in death charges in connection with the baby's death.

If the Munoz case is any indication, it could be months, or even years, before the findings of the review of the Hawk case are made public.

more here - but not much on Summer's case

http://www.coloradoan.com/article/20...ND01/100301001



Pic from here -- http://www.reporterherald.com/news_story.asp?ID=26353 -- story of the "First birth of 2010".....poor baby didn't live to be a month old.