Judge Blasts State’s ‘Despicable’ Handling of Missing Girl

MIAMI — A judge lashed out Monday at the state Department of Children & Families, calling their handling of the case of a missing 5-year-old girl “absolutely despicable.”

Meanwhile, lawyers argued over who was taking care of Rilya Wilson when she disappeared 16 months ago, adding another layer of confusion to the case.

In court Monday, Judge Cindy Lederman said that nearly two months after Rilya was last seen in January 2001, caseworker Deborah Muskelly told her the child was in day care.

The juvenile judge also said that in a report submitted Aug. 31, 2001, Muskelly said Rilya’s custodian was addressing her needs.

“Aside from everything else, she misrepresented the child’s well-being to this court,” Lederman said during the status hearing.

Detectives are now treating Rilya’s disappearance, which went unnoticed for more than a year, as a possible homicide. Investigators are waiting for DNA test results from police in Kansas City, Mo., to see if a girl found beheaded there in April 2001 was Rilya.

The actions of Muskelly, who resigned in March over her performance in other cases, are among of the targets of an investigation into Rilya’s whereabouts.

“It is absolutely despicable what happened in this case,” Lederman said.

Children & Families Secretary Kathleen Kearney said, “This particular case, unbelievably tragic, is an isolated event.”

Gov. Jeb Bush has named a four-member panel to examine the state’s child protection system in Miami-Dade County.

Monday’s hearing raised new questions about who was caring for the child before her disappearance.

Linda Wells, the department’s top lawyer, said Pamela Graham had been given legal custody of the girl. She is the sister of Geralyn Graham, who has identified herself as the girl’s paternal grandmother. The state concedes that the identity of Rilya’s father is in dispute. The girl’s mother, Gloria Wilson, has refused to disclose his identity.

Maria Shohat, a lawyer for the Grahams, said the sisters jointly cared for Rilya. Geralyn Graham failed to bring her driver’s license on the day she was to sign the custody papers, Shohat said. Pamela Graham provided her license instead, and the papers were signed giving her legal custody.

The judge said Rilya was ultimately the court’s responsibility and hinted that Muskelly could face charges of perjury and making false statements.

The agency said that it will now require supervisors as well as caseworkers to visit every child’s home, and caregivers and children old enough to write will be required to sign a log after visits.