Judge will decide if DCF records of slain 3-year-old KCK girl should be released
A Wyandotte County judge is considering whether state records related to the case of a 3-year-old girl whose body was found July 10 in a shallow grave should be released to the public.
Attorneys for the Wyandotte County District Attorney’s office and two people charged in connection with Olivia Jansen’s death argued Wednesday that the records from the Department for Children and Families should not be released.
Soon after Olivia’s body was found, several media outlets — including The Star — filed requests with DCF under the Kansas Open Records Act to see what involvement the state had with the family prior to Olivia’s death.
In a court hearing Wednesday afternoon, 10 people — including Olivia’s grandparents — wore matching yellow T-shirts that read ”We Stand For Olivia.” They also wore matching black face masks, many with yellow angel wings painted on them. In the courtroom, they sat together in the first and second rows, behind prosecutors who have filed murder charges in Olivia’s death.
Deputy District Attorney Crystalyn Oswald argued that the release of records could hinder the ongoing investigation and future prosecution of the case. She told the judge she thought it was necessary for him to review the 533 pages of records before any information was released.
The judge ultimately took the case under advisement and said he hoped to have a decision within two weeks.
Family members of Olivia left the courthouse without commenting.
Olivia’s body was found the same day her father, Howard Jansen III, reported to police that his daughter was missing.
Wyandotte County prosecutors charged Jansen, 29, and his girlfriend, Jacqulyn Kirkpatrick, 33, with felony murder and other crimes in the girl’s death. According to a probable cause affidavit, Olivia’s body had signs of physical abuse. She had a small cut on the back of her head and died of a brain bleed, court records show.
Some members of the community demanded to know what the state’s involvement in the case was after Olivia’s grandparents said they raised concerns about her well-being to child services in June.
Both Jansen and Kirkpatrick were in the courtroom Wednesday in striped jumpsuits. Neither spoke at the hearing. But their attorneys did, telling the judge that they hadn’t seen the records and didn’t think certain information should be released to the public.
Attorney James Spies, who represents Jansen, told the judge the release of records “could greatly damage my client’s ability to get a fair trial.”
Late last month, DCF officials released a summary of information, including details of two reports that came into the agency this year. A 2018 law requires certain information be released after a child dies of abuse or neglect.
The first call the agency received on Olivia was in February, according to that summary.
On Feb. 28, the state’s abuse and neglect report center received two calls, one alleging that the “dad” hit Olivia Jansen on the leg, leaving a bruise and that her leg might be broken, according to the DCF release. The other report alleged the “dad’s girlfriend (Jacqueline) hit Olivia.”
The report was assigned to have a same-day response for physical abuse.
“DCF interviewed and observed Olivia on the same day the report was made and observed no marks or bruises,” the summary stated. “After additional interviews, person who alleged abuse recanted the story. After thorough assessment and discussion, no services were offered. The assigned reports were unsubstantiated, and case was closed.”
Nothing else was reported until June.
Eleven days before Olivia Jansen’s body was found in a shallow grave in Kansas City, Kansas, the 3-year-old talked to a state child welfare worker on a video call. She ”appeared excited about the upcoming Independence Day holiday,’’ according to the report.
The worker was investigating a June 22 hotline report from a caller worried that Olivia’s caregiver was “unavailable/unable” to care for her and may be using drugs.
That call led to the assignment of a Family in Need of Assessment case — where workers determine what services can help the family, officials said. The agency said the caller did not claim that abuse had occurred.
This story was originally published August 26, 2020 at 6:05 PM.
