Image: Chasity Alcosiba (HPD/Special to West Hawaii Today)
Lawsuit filed in toddler death: Family of child who died in foster care seeks justice, awareness and change
News Source: West Hawaii Today
HILO, Hawaii, May 6, 2019 (West Hawaii Today) —
KAILUA-KONA — The parents of 3-year-old Fabian Garett-Garcia, who died in foster care in 2017, are suing the state, Catholic Charities, the caregivers, and others for wrongful death. Their attorney, Jeffrey Foster, stated that the lawsuit aims to hold those responsible accountable and raise awareness of systemic issues in the foster care system. The family seeks justice for Fabian and changes to protect children in foster care.
Fabian’s death, caused by “horrific injuries,” allegedly resulted from negligence by the state Department of Human Services, Catholic Charities, and state-licensed caregivers. The civil suit demands a jury trial and seeks unspecified monetary damages.
Although prosecutors have not filed criminal charges, Chastity Alcosiba-McKenzie, Fabian’s caregiver, was arrested in 2018 on suspicion of attempted second-degree murder, following findings that Fabian died from non-accidental blunt force trauma. The case remains under investigation.
The lawsuit claims that despite visible injuries and notifications of suspected abuse, Fabian and his siblings were not removed from the caregivers’ custody until after Fabian’s death. The state allegedly failed to investigate or remove the children despite documented problems with the caregivers and prior incidents.
The family hopes the lawsuit will result in changes to the foster care system and prevent similar tragedies. Foster emphasized that the family does not want Fabian’s death to be in vain and seeks to protect innocent children relying on the state for safety.
Alcosiba-McKenzie, who has not cared for foster youth since July 2017, and McKenzie have not commented on the lawsuit. The state and Catholic Charities also have not yet received the complaint. The civil litigation is ongoing, aiming to bring justice for Fabian and prompt reforms in the foster care system.
