REMEMBERING KAYLA

Kayla Dutcher was just five years old when her life ended on October 7, 2007, in Colorado Springs, Colorado.

Born on January 19, 2002, Kayla was legally blind and depended on the adults responsible for her care to help keep her safe from dangers she could not easily see.

Her death resulted from an overdose of tramadol, a prescription pain medication belonging to her father.

Although the coroner ruled her death accidental, the El Paso County Department of Human Services determined that Kayla had died as a result of fatal neglect and an injurious environment.

Her case raised serious questions about medication safety, inadequate living conditions, and a child welfare referral that was never properly assessed.

Kayla's Story

Kayla lived with her parents, Amy and James Dutcher, and her siblings in Colorado Springs, Colorado.

The family was living in a motor home when Kayla died.

According to investigators, James Dutcher kept his prescription medication in a bag that had previously been secured with a lock.

He told sheriff's deputies that he had lost the lock several days before his daughter's death.

Ten days after Kayla died, Amy Dutcher told investigators that her son had reported seeing Kayla pick up a loose pill from the floor and swallow it.

Amy said she questioned Kayla about what her brother had reported, but Kayla denied eating a pill.

During the early morning hours of October 7, 2007, Amy noticed that Kayla was no longer breathing.

At approximately 3:00 a.m., the family called 911.

Kayla was taken to the hospital, where she was pronounced dead.

The coroner determined that Kayla had died from an accidental overdose of tramadol.

Investigators later learned that the medication had been prescribed to her father.

Neither parent had informed emergency responders about the possibility that Kayla had swallowed a prescription pill.

The circumstances raised questions about how the medication had become accessible to a young child who was legally blind.

Kayla was only five years old.

Warning Signs and System Failures

Nearly one month before Kayla's death, the El Paso County Department of Human Services received a referral expressing concerns about the family's living conditions.

The report alleged that the family's motor home lacked hot water and gas for cooking.

It also raised concerns that the children were not attending school.

However, the referral was never formally assessed.

It was not entered into the state's database used to track reports of suspected child abuse and neglect.

Instead, the family was referred to a voluntary program intended to help families become financially self sufficient and remain together.

James Dutcher declined those services five days before Kayla died.

After her death, the El Paso County Department of Human Services determined that Kayla's parents were responsible for fatal neglect and an injurious environment.

The findings differed from the coroner's determination that her death resulted from an accidental overdose.

The case illustrated how concerns about unsafe living conditions and access to potentially dangerous medication could have devastating consequences for a young child.

It also raised questions about the handling of child welfare referrals that never received a formal assessment.

Kayla's death became one of several Colorado child fatality cases examined in reporting about the differences between child welfare findings and criminal prosecution.

JUSTICE FOR KAYLA

Following Kayla's death, the El Paso County Sheriff's Office investigated how she had obtained the tramadol that caused her fatal overdose.

Investigators questioned her parents about the medication and the circumstances surrounding her death.

James Dutcher acknowledged that the lock securing his prescription medication had been missing for several days.

Amy Dutcher reported that another child had seen Kayla swallow a loose pill.

The El Paso County Department of Human Services concluded that both parents were responsible for fatal neglect and an injurious environment.

However, the district attorney's office determined that there was insufficient evidence to establish criminal responsibility.

Prosecutors could not determine whether Kayla had accessed the medication because of parental negligence or through circumstances that did not amount to a criminal offense.

No criminal charges were filed.

Amy Dutcher

Relationship to Kayla: Mother

Finding: Fatal neglect and injurious environment by child protective services

Criminal charges: None filed

Sentence: None

James Dutcher

Relationship to Kayla: Father

Finding: Fatal neglect and injurious environment by child protective services

Criminal charges: None filed

Sentence: None

FOREVER REMEMBERED

Kayla Dutcher was only five years old.

She was a little girl who deserved a safe home, attentive care, and protection from dangers that could threaten her life.

Because Kayla was legally blind, keeping medications and other hazardous items securely stored was especially important.

Her death resulted from a prescription medication that should never have been accessible to a young child.

The public record tells us little about Kayla's personality, favorite activities, or the moments that brought her happiness.

But her life was so much more than the circumstances of her death.

She was a daughter.

She was a sister.

She was a little girl who deserved to celebrate her sixth birthday and many more birthdays afterward.

She should have had the opportunity to attend school, make friends, enjoy childhood experiences, and grow into the person she was meant to become.

Instead, her life ended at five years old.

Kayla's death raised questions about parental supervision, medication safety, and the response to concerns about a child's living conditions.

Although no criminal charges were filed, the findings of fatal neglect remained an important part of her story.

Kayla deserved protection.

She deserved a future.

And she deserves to be remembered.

Abuse Angels remembers Kayla Dutcher.

Remembered. Honored. Never Forgotten.