A Kansas boy was found dead last month. Despite new transparency law, questions remain

Despite a new Kansas law allowing information to be shared more quickly after a child’s death, the state hasn’t divulged anything about a Topeka boy found dead last month.

The Department for Children and Families denied a request from the Kansas City Star seeking information about Zerick I. Ozuna, the 9-year-old who was found dead in his family home on June 20. Officials with the Shawnee County Sheriff’s Office said Zerick had wounds to his neck and chest.

“DCF has determined that the records you seek are closed … as there is no requisite DCF finding of abuse or neglect at this time,” Erin La Row, DCF’s spokesperson, told The Star in an email responding to a request under the Kansas Open Records Act. “DCF now considers the KORA request closed.”

La Row also, at this point, declined to say whether Zerick’s family has been investigated by DCF for allegations of child abuse or neglect in the past.

The reason the state is still silent on Zerick’s death lies in the details of the new legislation itself. And the fact that his mother, who was arrested after her son was found dead, also died before she faced any charges.

The day deputies found Zerick, his mother, Shyla M. Goracke, 29, was taken into police custody and hospitalized. Four days later, on June 24, The Shawnee County Sheriff’s Office reported her death.

“The new law doesn’t apply here because formal charges haven’t been filed,” La Row said. “DCF is waiting on information from law enforcement to complete its finding.”

House Bill 2628, which went into effect July 1, requires the DCF secretary to release information related to a child death when related criminal charges are filed and the kid was involved in the child welfare system.

Without those two factors, state law still doesn’t allow the child welfare agency to release information until the investigation is complete and there’s a finding that the child died of abuse or neglect, DCF has said, which can take weeks or even longer.

Speaking with children is often a crucial step in determining a history of child abuse, according to police resource guides released by the United States Department of Justice. This becomes more complicated when, like Zerick, the child involved in a potential neglect investigation has died.

Even without charges, documents detailing investigations into abuse against children can legally be released to law enforcement officers, mental health professionals, social workers and court officials, according to HB2628.

However, without a conclusion to any pending charges against Goracke, it’s unclear when — or if — investigations into Zerick’s death will be complete.

Goracke’s cause of death has not been publicly identified.

The Shawnee County Sheriff’s Office declined to comment as to whether charges were planned against Goracke before she died.

The Sheriff’s Office has also not said whether there were other suspects in Zerick’s death, and has not confirmed if the investigation into his death is closed.

‘Will be greatly missed’

Goracke shared her home with husband Eli Goracke, who has also not been charged in Shawnee County court, according to property and court records.

Zerick was a rising fourth-grader at Farley Elementary in Topeka, within Auburn-Washburn United School District 437.

A third grade teacher there posted a message on Facebook on June 24 about the student’s death and the impact he had.

“Zerick stood out of our tight-knit group of 2023-2024 third graders at Farley as a kind, curious, and creative boy,” the teacher, Bobbi Hamman, wrote. “He always seemed to be thinking and planning. In our small reading and writing group, Zerick would often have so many adventurous ideas that his pencil couldn’t keep up with the elaborate story he wanted to share.

“He also loved planning and engineering projects with his friends to go along with his tales that he was so proud of. Zerick will be greatly missed.”

Goracke was the owner of Mutt’Staches Mobile Grooming, a mobile dog grooming business based in Topeka. She announced the closing of her business on Facebook on June 19, the day before her son was found dead.

“This is a post I am making while in tears......as much as I love what I do and this business, I am unfortunately closing down Mutt’Staches Mobile Grooming immediately starting today due to personal reasons,” she wrote. “This is something I never wanted to do, especially not giving any kind of notice. I know how unprofessional that is.

“It kills me to still have to go this route, but I would never do anything like this if I felt it wasn’t my only option I had. At the end of the day, I have to take care of my son and myself.”

Goracke had no previous criminal history, according to court documents.

Thirty-two children were killed in the state of Kansas in 2021, according to the most recent year of full data available from the Kansas State Child Death Review Board. Most were boys, and most had been previously visited by DCF — including four out of five of the homicides determined to be a direct result of child abuse.