Dead toddler’s family nearly lost custody because of abuse, neglect

The family of a toddler who was found dead Tuesday morning in a downtown Las Vegas home had two prior complaints of abuse and neglect substantiated against them, and authorities said that at one point they were trying to clear the way for the boy and his siblings to be adopted by a foster family.

Because the father of the children improved their living conditions, however, authorities determined that they should remain with him, court and department of family services officials said.

It's a case that highlights the complexities of the child welfare and court systems.

Police found Zander Martino, who would have turned 3 in October, dead in his father Richard "Todd" Martino's home in the 200 block of Hoover Avenue, near Bonneville Avenue and Main Street, about 8:30 a.m.

The Metropolitan Police Department's abuse and neglect unit is investigating, but Lisa Teele, the unit's supervisor, said Wednesday that it was too early to say whether charges would be filed in the case.

The Clark County Coroner's office completed Zander's autopsy Wednesday, but officials there said they would not make a final determination about the cause of the boy's death and whether it was a homicide until toxicology tests are completed.

The county first pulled Zander and his two siblings out of their home in December 2004 because of allegations that Zander had been abused, said family court Judge Gerald Hardcastle. Authorities later determined that the boy had been abused, but they couldn't determine exactly who was responsible for his injuries.

In October 2005, authorities filed a "termination of parental rights" petition because "no one was taking responsibility for the injuries to the child," Hardcastle said.

During an April 2006 hearing in family court to consider whether the parental rights should be terminated, however, Zander's mother confessed to being responsible for the boy's injuries, Hardcastle said. It was learned during the hearing that Martino was at work when Zander was abused, officials said.

The county then moved to put the children back into the care of Martino, who had separated from Zander's mother.

Typically, a parent must comply with a "case plan" before regaining custody of a child. The plans often include taking classes to improve parenting skills and improving the suitability of a home for a child, by keeping it cleaner and making it safer for children, for example.

Christine Skorupski, spokeswoman for the department of family services, said family reunification is the goal when it's appropriate.

Removing children from a home "can be a traumatic experience. We try to keep families together," she said.

In May 2006, however, family services caseworkers substantiated a complaint of neglect in the Martino household, Skorupski said.

Martino's attorney, Gregory Mills, wouldn't go into detail about that complaint, except to say it wasn't related to physical abuse.

Last April, the children were placed back into Martino's custody. Hardcastle said county officials stated that the family was doing well and that Martino was remarried.

The county planned to monitor the family's case for an additional four months and, if everything went well, close the case, Hardcastle said.

About two months later, on June 7, the county filed a report noting caseworker concern "about conditions inside the home," said a source familiar with the investigation. The concern wasn't serious enough for the children to be removed from Martino's home, the source said.

But on June 19, county workers did take that action after they found suspicious bruises on Zander, authorities said.

The children went before Family Court Hearing Master Frank Sullivan, Hardcastle said.

The county on Tuesday incorrectly stated that the case had gone before Family Court Hearing Master David Gibson Sr.

Hardcastle, who reviewed the case, said Sullivan returned the children to the family because Zander's injuries were determined to be the type of injuries a child gets from an accidental fall. The source said the injuries occurred when Zander fell from either a crib or off a toilet.

Hardcastle said another reason Sullivan ruled in Martino's favor was that authorities hadn't filed a petition asking the court to keep the children in protective custody.

Skorupski said the family's caseworkers recommended to the court that the children be reunited with their father.

Mills said that because the June 19 injuries to Zander weren't caused by abuse and the parents had cleaned the house, "everyone was in agreement that the children could go home."

Sullivan wouldn't comment in detail about his decision to return the children.

"I accept full responsibility for every decision I make in this case and every other case," Sullivan said Wednesday.

Less than two weeks after Sullivan ordered the children back into Martino's custody, Zander was discovered dead in the home.

Hardcastle said officials wouldn't have knowingly placed the child back into a dangerous situation.

"These are tough cases and they're tough calls," he said. "Whenever they turn out badly, it affects us all."