On October 3, 2023, a 4-year-old child was fatally struck by a vehicle in front of the family home in Banks, Oregon, and was pronounced deceased on scene. The mother had been outside with her four children, who were playing on bikes and skateboards on the driveway slope. The child was reportedly sitting on a skateboard going down the driveway toward the street when a vehicle driven by 31-year-old Jesus Zavala-Ochoa, traveling approximately 5 mph, struck the child. A parked truck on the street may have obstructed the mother's view. The driver was not impaired and no criminal charges were filed. The mother's mental health was a significant concern — in the days leading up to the incident, her roommate reported she was forcing children to stay awake and making delusional statements, and neighbors had previously expressed concerns about the children frequently playing unsupervised in the street. The family had an extensive history of CPS involvement dating back to 2014, with the mother's untreated mental health being a recurring concern. The CPS assessment found the allegation of neglect to the deceased child by the mother was unable to be determined, while the allegation of threat of harm to the surviving siblings was founded based on the mother's untreated mental health condition.
Contexts/Conditions
Is there any mention of child drug ingestion or overdose?
Is there any mention of a drowning incident (either intentional or accidental)?
Is there any mention of a firearm incident?
Is there any mention of inappropriate supervision (e.g., child wandered off and drowned)?
The CIRT report provides extensive evidence of inappropriate supervision. "Various neighbors voiced concerns to law enforcement regarding the children frequently playing outside unsupervised in the street, including various neighbors stating they had spoken with the mother about this concern in the past." The driver stated "they were always careful around the family's home since the children were generally playing in the street and known to jump out in front of cars." Additionally, the evaluator noted concerns "that the 8-year-old and 9-year-old siblings were taking care of their younger siblings while the mother was sleeping or at work/out of the home." Prior incidents in May 2016 documented young children escaping the apartment unsupervised.
Is there any mention of inflicted injury? (e.g. slapped, punched, kicked, choked)
The CIRT report contains multiple disclosures from children about being physically hit. The September 14, 2020 report states: "the 3-year-old sibling had swelling and redness on their lip. They disclosed the injury was from the father's partner by hitting them hard on the face. They also disclosed the father had hit them in the arm." The May 12, 2023 report states the 7-year-old sibling "disclosed their father had hit them on the arms and on top of the head with an open hand" and the stepmother "'popped' her sibling on the mouth with an open hand on the lips." However, many of these allegations were investigated and found unfounded or closed at screening.
Is there any mention of malnutrition, starvation, or dehydration?
Is there any mention of medical neglect?
The CIRT report documents that when the deceased child was born, "the mother left a hospital against medical advice at 2 a.m. with the child after declining all testing for them." Leaving the hospital against medical advice and declining all medical testing for a newborn implies a form of medical neglect.
Is there any mention of a motor vehicle crash or incident?
The child was fatally struck by a vehicle. The CIRT report states: "the child was fatally struck by a vehicle in front of the family home and pronounced deceased on scene." The news article corroborates this: "A one-vehicle crash in Banks on Tuesday left one child pedestrian dead at the scene, according to the Washington County Sheriff's Office."
Is there any mention of a murder-suicide incident?
Is there any mention of outdoor elements (including hot car deaths)?
Is there any mention of prenatal substance exposure (including fetal alcohol syndrome or neonatal abstinence syndrome)?
The CIRT report documents prenatal substance exposure for the deceased child in the November 25, 2018 report: "the mother uses marijuana, although the hospital was not able to test the child's meconium or urine. During prenatal care, the mother reported she smoked three to four times per day and did not intend to quit." Additionally, for a sibling, the April 26, 2015 report states: "the newborn sibling and the mother had tested positive for marijuana."
Is there any mention of sexual abuse?
The CIRT report extensively discusses sexual abuse allegations and related child behaviors. In the May 30, 2019 report, "The 4-year-old talked about being touched on their genitals" and "The 5-year-old sibling made a report the maternal relatives touched the genital areas of themselves and their siblings." The June 6, 2023 report states "the 9-year-old sibling had engaged in sexual contact with the 8-year-old sibling" and "the 8-year-old sibling was also reported to be displaying sexually reactive behaviors at school." However, formal investigations found the sexual abuse allegations by adults to be unfounded, and the professional evaluation concluded "there was no finding any sex abuse had occurred. It was believed the mother's mental health and the things she was saying were causing the children to make these statements."
Is there any specific mention of shaken baby or abusive head trauma?
Is there any mention of prolonged abuse or torture (including restraints, captivity)?
Is there any mention of an unsafe sleeping environment?
Individuals Involved
Was an adoptive parent or guardian involved in the death?
Was a biological father involved in the death?
Was a biological mother involved in the death?
The biological mother was the supervising caregiver when the child was fatally struck by a vehicle. The CIRT report states: "The mother was reported to have been pushing the children down a slope in the driveway and did not see a car was coming when she pushed the child into the street on a bike or a skateboard." The CPS assessment found the allegation of neglect to the child by the mother was "unable to be determined" because "video footage of the incident involving the child's death was obstructed and unclear if the mother had been neglectful." The allegation of threat of harm to the surviving siblings by the mother was "founded based on the mother's untreated mental health condition." Concerns about her mental state around the time of the incident were documented, including forcing children to stay awake and making delusional statements.
Was a day care worker, babysitter, or nanny involved in the death?
Was a female paramour or friend involved in the death (e.g., girlfriend, stepmother)?
Was a foster parent involved in the death?
Was a male paramour or friend involved in the death (e.g., boyfriend, stepfather)?
Was another adult relative involved in the death? (e.g., grandfather, aunt)
Was a sibling involved in the death?
Child Characteristics
Was the child adopted?
Was the child homeschooled (including "cyberschooling") or taken out of school?
Was the child in foster care at the time of the incident?
Was the child living with relatives at the time of the incident (but not parents)?
Is there any mention of a neurological developmental child disability? (e.g., autism, intellectual disability, nonverbal)
Is there any mention of a physical child disability? (e.g., feeding tube)
Is there any mention of prematurity or low birthweight?
Is there a history of child protection reports prior to death (for this child or siblings)?
The CIRT report documents an extensive history of CPS reports for this family dating back to May 30, 2014. There are at least 13 prior reports involving this child and/or siblings, including allegations of threat of harm, neglect, physical abuse, sexual abuse, and mental injury. Several resulted in CPS assessments with various dispositions, including a founded allegation of neglect to all four children by the mother in August 2019 due to her untreated mental health.
Does the child have a history of foster care (but not in care at time of incident)?
Is there a history of a sibling death (separate incident from this death)?
Parent/Caregiver Factors
Was an adult charged or arrested for the child's death?
Is domestic violence by the parent/caregiver referenced?
The CIRT report documents domestic violence in the May 30, 2014 report: "the mother disclosed the father had been assaulting her, resulting in bruising to her arm as well as damage to the home and items such as walls and a television." The father "threw a bottle of formula at her" and "punched holes in walls and broke the television." The November 25, 2018 report states: "the mother disclosed there is possibly a history of or current intimate partner violence." The February 21, 2021 report describes an altercation: "the reporter stated they saw the mother yelling at the father and began throwing things at him."
Is there any mention that the death occurred in a temporary shelter or while homeless?
Is an intellectual disability of the parent/caregiver referenced?
Is the mental health of the parent/caregiver referenced?
The mother's mental health is a central concern throughout the CIRT report. "Concerns for the mother's mental health were noted during contact with law enforcement and the mental crisis team." The mother made delusional statements, including claiming "her name was a Hollywood actor" and reporting "powers that could come from her hands." The 2019 CPS assessment noted "significant concern the mother was experiencing delusional thinking" and recommended a psychiatric evaluation. Multiple collaterals reported the mother's mental health was "declining" and she was exhibiting symptoms that impaired her parenting. The CIRT concluded ODHS "did not have an adequate understanding of the mother's significant mental health needs and how this impacted the children." The father's mental health is also briefly referenced: the 7-year-old sibling reported the father was "crazy" and needed pills.
Is a history of arrests or criminal charges for the parent/caregiver referenced?
Is substance use by the parent/caregiver referenced?
The CIRT report documents marijuana use by the mother extensively. In the August 2, 2019 home visit: "The CPS caseworker noted extensive marijuana paraphernalia in the mother's bathroom" and "The mother reported she smoked about three times a day while caring for the children." In the November 25, 2018 report: "the mother reported she smoked three to four times per day and did not intend to quit." The father's alcohol and marijuana use is also referenced: the May 30, 2014 report mentions "marijuana in the home as well as empty beer bottles" and the mother stated the father "drank one to two beers a week."
Notable Details
The CIRT report identifies significant systemic issues. It states: "ODHS did not have an adequate understanding of the mother's significant mental health needs and how this impacted the children she was caring for, as well as the role this had in custodial conflict between the parents." Despite a well-documented history of escalating maternal mental health concerns — including delusional thinking, paranoia, and erratic behavior beginning around the mother's father's death by suicide in September 2017 — at least seven reports between October 2017 and June 2023 were closed at screening without CPS assessment. Internal subject matter experts in behavioral health were "underutilized in this case." In response, the CIRT recommended creation of a subject matter expert resource list (completed December 2023) and exploration of on-site behavioral health expert access for child welfare professionals. The report also notes the mother's roommate reported that in the days leading up to the incident, the mother was "forcing her children to stay awake and telling them if they went to sleep, they would 'go to the dark side,'" and a friend expressed concern the mother "would harm herself and her children to 'get to the eternal life' she was talking about," indicating a potential psychotic episode.
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