17 October 2023
TOPEKA (KSNT) – The Kansas Department for Children and Families (DCF) has released the case summary of slain five-year-old Zoey Felix.
Felix died Oct. 2 after Topeka police said she was raped. Mickel Cherry, 25, is charged with capital murder for her death.
The summary substantiates a sexual abuse case that was assigned to the agency, following Felix’s death. It also shows the five-year-old’s family repeatedly declined state-offered services.
According to DCF’s summary, the agency received nine reports involving the child; six were assigned for further investigation. The three reports not assigned were duplicative or were combined under an open case.
On 09/08/2022, DCF received a report with allegations including poor conditions in the
home and possible drug use in the presence of a child. The case was assigned to Family in
Need of Assessment (FINA) – Unable to Provide Care. During the investigation, the
mother agreed to a drug screen, which came back negative. DCF learned that the mother
was also working with court services. DCF offered services to the family, but the family
declined. The case was closed.
On 11/08/2022, DCF received a report about an unsupervised child. The case was
assigned for investigation due to Lack of Supervision. Following an investigation, the case
was unsubstantiated. DCF offered services, and again they were declined.
On 11/18/2022, DCF received a report that the mother had been arrested for Driving
Under the Influence and that the child was unrestrained in the front seat. The child was
placed in Police Protective Custody (PPC). Law enforcement located the father the same
evening of the incident and placed the child with him. After receiving the report, DCF
interviewed the father and child to assess safety. No safety concerns were identified. The
report was substantiated by a Lack of Supervision finding against the mother.
On 05/18/2023, DCF received a report that there were no operating utilities in the home
and that the home was in generally poor condition. The case was assigned for investigation
due to Physical Neglect. The Child Protective Service (CPS) investigation found the home
to be livable, utilities operational, and food in the home. There were no signs of drugs in
the home. The case was unsubstantiated. DCF offered Family Preservation services to the
family. They were declined.
On 08/29/2023, DCF received a report that there were no utilities and drug use in the
home. CPS investigators attempted to contact the family a total of seven times over the
next month but were unsuccessful. They visited the home on Sept. 6, Sept. 8,
Sept. 12, Sept. 14, and again on Sept. 25. A letter was sent to the family on
Sept. 20. There was also an attempt to contact the family via phone on Sept. 21,
but the number was disconnected. The case remains open.
On 10/02/2023, DCF was notified of her death. As a result, DCF assigned a case for
Physical and Sexual Abuse in the death of Zoey. The Sexual Abuse case was substantiated.
The Physical Abuse case finding is pending investigation.
NEXT STEPS
“Zoey Felix’s death was an unacceptable tragedy. My administration proposed legislation
in 2021 to allow the Department for Children and Families to expedite the release of
information in cases like Zoey’s,” Governor Laura Kelly said. “We will urge the
Legislature to get that bill to my desk early in the next legislative session.”
“My agency is fully committed to a thorough review of this case,” DCF Secretary Laura
Howard said. “We will take every step necessary to determine if there are policies and
procedures that can be revised or added to effectively support families and help prevent
another case like this from happening again.”
If you are aware of a family who may need support, there are resources in the community
that can help. Anyone in the state can use 1-800-CHILDREN. By calling (800-332-6378) or
going to 1800childrenks.org, families can get connected to necessary services and supports
in their own community. The service is operated by the Kansas Children’s Service League,
which is committed to keeping the site up-to-date.
If you suspect a child may be the victim of abuse or neglect, you are urged to call the
Kansas Protection Report Center at 1-800-922-5330.