Tulsa World: Foster child's death ruled a homicide

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Foster child's death ruled a homicide
She died Tuesday of injuries she suffered over the weekend.

Kyra Zubah, 3, died Tuesday. She had been placed in a tribal foster home, an attorney for her biological parents says. Courtesy

By CLIFTON ADCOCK World Staff Writer
Published: 11/13/2009 2:25 AM
Last Modified: 11/13/2009 5:13 AM

The death of a 3-year-old Muscogee (Creek) Nation foster child was ruled a homicide Thursday by the Oklahoma Medical Examiner's Office.

Kyra Zubah died at St. Francis Hospital on Tuesday after being taken to the hospital from Okmulgee with injuries sustained over the weekend. The state medical examiner ruled that the cause of death was blunt head trauma and the manner of death was homicide.

A full investigation by the office has not yet been completed.

The Okmulgee County Sheriff's Office is investigating the death but had not made any arrests as of Thursday, said Regina Meyer, the attorney for Kyra's biological parents.

Investigators for the Sheriff's Office did not return calls from the Tulsa World on Thursday.

Kyra had been placed in a non-Indian foster home by the Oklahoma Department of Human Services when she was 11 weeks old because of abuse, said Carol Willis of Edmond, Kyra's previous foster-grandmother.

The tribe took jurisdiction in the case in February. In July the tribe's Indian Child Welfare Program took physical custody of Kyra and her younger sister, who lived in the same foster home, after Kyra's former foster mother, Willis' daughter, was charged in Oklahoma County with attempting to obtain a controlled dangerous substance — prescription drugs — by fraud.

From there, Kyra was placed in a tribal foster care home in Okmulgee, Meyer said.

Under the National Indian Child Welfare Act of 1978, Indian tribes may claim jurisdiction over Indian children who are tribal members in foster care and in some custody cases. The act was passed by Congress because a high number of American Indian children were being removed from their homes by public and private agencies, and its intent was to protect the children and promote the stability of American Indian tribes and families, according to the National Indian Child Welfare Association.

The Creek Nation's Web site states that the tribe's "child placement specialists recruit and certify Indian homes to serve as foster care placements for children removed from their homes due to abuse or neglect."

Tribal officials would neither confirm nor deny whether Kyra was under the care of the Muscogee (Creek) Nation's Indian Child Welfare Program and did not respond Thursday to inquiries as to what measures are in place for the tribe to regulate foster homes or whether the foster home Kyra was in had any previous violations.

Creek Nation Attorney General Roger Wiley said the tribe would not comment on the matter, according to tribal spokesman Thompson Gouge.

Conflicting stories surround the events that led to Kyra's injury and death, Meyer and Willis said, but both say it appears that the child was injured late Friday and taken to the hospital on Saturday, where she was later declared brain dead and died Tuesday.

A tribal court had returned custody to the biological parents on Tuesday, allowing them to decide whether to take her off life support and donate her organs, Meyer said.

Both Meyer and Willis said they saw Kyra while she was in the hospital and that she had bruises on her body. Willis said she saw insect bites on the child as well.

Alyson Atchison, Kyra's former foster aunt, said she often played with Kyra and that the loss is devastating. Atchison said Kyra's sister, who was born in April, had also been in her sister's custody before the children were taken by the tribe.

Both Kyra and her sister were in the same Okmulgee foster home when Kyra was injured, she said.

"I'm just heartbroken," Atchison said. "She never had to get in trouble. She was a perfect child. The years she was here, she never did anything wrong. I don't understand it.

"She had a big, wide home — family — here. She was never a 'foster child.' She was our baby. She was loved by everyone at church and an amazing little girl."

Meyer said the biological parents and Kyra's former foster family hope to see justice.

"We're hoping somebody is held accountable for this," Meyer said. "It's tragic. Kyra should be home. She should be alive, and she's not."

Clifton Adcock 581-8462
clifton.adcock@tulsaworld.com By CLIFTON ADCOCK World Staff Writer

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Some reader comments for this story were copied from "Death of 3-year-old in foster care ruled homicide," which was published on 11/12/2009.

	Report Comment Bud Green, No (11/12/2009 10:55:39 PM) What a heartbreaking story, and senseless ending to such a young child.
	Report Comment PAN, (11/12/2009 11:06:33 PM) Why? All we can do is ask 'WHY?' Such a beautiful, precious little girl to be taken away from those who truly loved her and cared for her! I believe that IF she had been left where she was and not taken away by the Indian Child Welfare Program that she would probably still be alive today. My prayers and heart go out to the family and FORMER foster family - the ones who truly loved her and cared for her. May God Bless you, Kyra, and may justice be served for you.
	Report Comment Terree, Tulsa (11/12/2009 11:10:15 PM) so sorry for this little girl and all the other children in DHS custody. I hope they get the person or people that did such a terrible thing to this child.
	Report Comment Thunder196, Tulsa (11/12/2009 11:38:41 PM) Again someone who has been placed into hands that are suppose to protect at all costs, instead they betray the child. This breaks my heart.
	Report Comment @ last, (11/12/2009 11:59:05 PM) Kyra was placed at 11 weeks old in an non-Indian foster home because of abuse. The tribe took jurisdiction in February. In July then she was placed in tribal foster care. From there she was placed in foster care in Okmulgee.. Then she died..... and the rest of story goes something like this... Nobody cared & now there are people and their sorry excuses about who will be held responsible for Kyra's death. RIP Kyra
	Report Comment Oklahoma Catfish, Tulsa (11/13/2009 1:03:22 AM) The Muscogee (Creek) Nation Indian tribe should also be held responsible!!!!!
	Report Comment Elusive, the burbs (11/13/2009 2:03:03 AM) This poor child was moved around without concern to the psychological trauma it caused her at the time. She was already in a good safe family. It just does not make sense. It should not matter what ethnicity she was as long as the people loved and properly cared for her. Now she is gone. God bless the family that loved her. Whoever is responsible for her death better get more than 6 years like the last case we just read about today.
	Report Comment Faith, (11/13/2009 2:23:29 AM) I cannot sleep tonight so now I am chiming in. This makes me cry and why a lovely child that should have had a good home didn't. It is not acceptable. Is this a case of not enough employees to do the job or what? Who is actually responsible here, DHS? How many other little ones will be abused if something isn't changed.
	Report Comment Faith, (11/13/2009 2:25:24 AM) This case makes me sick.
	Report Comment H_Harl, (11/13/2009 2:56:28 AM) what a beautiful baby girl. i think heaven becomes a bit brighter and the world becomes a bit bleaker when we lose a precious child. cases like this makes my belief in the death penalty even stronger.
	Report Comment Elusive, the burbs (11/13/2009 4:31:26 AM) Prayers for those who loved and cherished this sweet little angel.
	Report Comment gba, (11/13/2009 4:34:54 AM) oklahoma has become such a backwards state babies like this little one are dying in foster care almost weekly,and little is being done,yet have a so called town hall meeting,and hundreds show up screaming....not my money,not my guns !!! no wonder others just look up on us as backwoods rednecks put your d##n energy into taking care of our babies......protect the innocent
	Report Comment T.B'Ville, Bruins (11/13/2009 5:55:12 AM) How special that they gave custody back to the parents of the little girl brain dead!! That wench that killed her needs her limbs chopped off so she will never touch a child again!!
	Report Comment T.B'Ville, Bruins (11/13/2009 6:34:37 AM) Before I get bombarded by the bleading hearts out there, if this woman is innocent, forgive my above comment.
	Report Comment scooter2, (11/13/2009 7:55:59 AM) A very cute little girl. Hopefully the person responsible is arrested soon. They need to be behind bars before they hurt someone else. My sympathies to her parents.
	Report Comment Few Clothes, America (11/13/2009 8:22:12 AM) Condolences to Alyson Atchison and others who loved her.
	Report Comment lucky girl, mine (11/13/2009 8:53:56 AM) We are losing way to many little ones
	Report Comment okgma, (11/13/2009 9:18:41 AM) This poor baby. It is this type of people that I hate and should get a bullet between the eyes. The Muscogee Nation should be held responsible. This angel was in a good non Indian home. They took her and put her back into foster care then into an INDIAN home. Just because a person is not of Indian Descent does not mean they cannot raise an Indian baby. Or any other race for that matter. Thats what is wrong with the system. You put a baby in a good home then remove her because someone else comes along that wants to adopt these children. That is harmful to these children. God bless this angel. She cant be hurt anymore. I hope these people that did this meet the same fate.
	Report Comment lostinOK, (11/13/2009 9:23:29 AM) Elusive...if you read the article carefully you will see the tribe moved her not because of ethnicity, but because her foster mom was brought up on fraud charges for prescription drugs. It shows that we can't blame just tribal nor just DHS foster care homes... there are system wide problems with all the agencies. Some of it possibly burn out from workers, some poor policies from the state, and some lack of communication and cooperation between the tribes and DHS. I thinks with all the bureaucracy we loose site of whats important...THE CHILDREN. It is absolutely ridiculus that the child had not been adopted to a loving family after 3 years in foster care...If the biofamily can't get it together after 3 years the child deserves to go to a loving permanent home. Just my 2 cents.
	Report Comment Dukegirl, (11/13/2009 9:30:56 AM) I am actually a former daycare teacher of this little girl. She was just PERFECT! She went through so much, but now she is at peace. She will forever be in my heart. I hope the person who did this to her is put in jail and never released! I do not want her to do this to another child.
	Report Comment lostinOK, (11/13/2009 9:35:10 AM) Dukegirl...my heart goes out to you and the others who loved this baby.
	Report Comment 007, London (11/13/2009 9:35:22 AM) the tribes in this state have WAY WAY too much power and control, and are not accountable to any one. This needs to change.
	Report Comment slightly_erratic, Rural (11/13/2009 9:37:12 AM) Oh man this isn't good..
	Report Comment 007, London (11/13/2009 9:39:59 AM) indian tribes and evangelicals are making this state look like a banana republic.
	Report Comment Tiffany Ellis, Wagoner (11/13/2009 10:02:34 AM) This is very sad and I agree there should be several people and agencies held responsible, but everyone is now gripping about the tribe when the same thing happens monthly in the OKDHS system. Just because you don't hear about every case does not mean it doesn't happen. It happens everywhere.

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