Baby dies, DHS removes sister from home

KALAMAZOO, Mich. (WOOD) - No criminal charges have been filed in the death of a 5-month-old boy in Portage, but the child's older sister has been removed from the parents' custody.

The baby was found not breathing in an apartment in the 4600 block of Independence Drive on Tuesday afternoon, according to the Portage Department of Public Safety. Det. Michelle Kozminske told 24 Hour News 8 the department responded to a 911 call that the baby was not breathing, as did doctors on a mobile crisis unit. The child was taken to a hospital and pronounced dead.

24 Hour News 8 has decided not to name the baby or his parents because no one has been criminally charged in this incident.

The parents of the child who died do have two other children, ages 2 and 5. 24 Hour News 8 learned the oldest child, a boy, lives in Ohio with his maternal grandmother. The Department of Human Services filed a petition to remove the middle child, a girl, from the Portage family's home.  

A Kalamazoo County family court referee heard the DHS petition Wednesday afternoon. At the hearing, it was revealed the autopsy on the baby did not immediately determine a cause of death.

DHS representatives did testify that the infant had bruises on the bottom of his feet, what was described as a "puncture wound" on a foot, and what looked like a fingernail scratch on his back.

The DHS representative went on to say that the mother and father had argued Tuesday morning before the infant's death, and that the baby's father was alone with the infant at the time of the incident.

Additionally, according to the hearing, the baby's father has a history of hurting the children and engaging in physical fights with the children's mother.

The DHS reported that the children's mother took them to stay with her family in Ohio because of her husband's history of being physically and emotionally abusive, and his "control issues."

The mother did not speak to 24 Hour News 8, but repeatedly shook her head and looked shocked throughout the hearing -- appearing to vehemently deny the allegations.

When she learned that at least for now her daughter will be in foster care and she will only be allowed visitation a few hours a week, she broke down crying and said, "I can't breathe."

The referee said he hopes other family members will eventually be able to care for the young girl. The issue brought up Wednesday is that the mother's family currently lives out of state and would have to live in Michigan and be interviewed by Children Protective Services to make sure the child will be going to a safe, responsible environment.  

Portage police are not yet saying whether they have classified the death as suspicious.

A search warrant was executed at the house Tuesday in an effort to determine the cause of the baby's death.

Portage Department of Public Safety told 24 Hour News 8 they are investigating the death as they would the death of any infant.

"It is every parent's worst nightmare," said Det. Kozminske. "I can tell you we're investigating it fully, as every parent would want done. Any time a child dies, we think that we owe it to everyone to have as many answers as we can for why that occurred -- and that's what we're going to do with this."

No criminal charges have been filed.

A state watchdog agency will investigate the death of the infant. The Michigan Office of Children's Ombudsman confirmed to 24 Hour News 8 that it will open an investigation into the baby's death. The OCO investigates child deaths when Children Protective Services has had prior involvement with the family. The DHS complaint refers to previous issues with the family earlier this year.  

It will be some time before all CPS records are collected by the agency, a spokesperson said.