Lawmakers order review of circumstances around death of abused Bangor child
Lawmakers have ordered an independent review of the circumstances surrounding the death of a 10-year-old Bangor boy who was badly abused by his parents and grandmother.
The Government Oversight Committee on Wednesday voted unanimously to approve an investigation into the death of Braxtyn Smith by the state’s independent oversight agency.
The evaluation will look at whether the Maine Department of Health and Human Services had any involvement with Smith’s family before his death. It will also investigate whether there were other missed opportunities where the state should have intervened.
“I think it’s important to go back and look at this case,” said Sen. Jeff Timberlake, R-Turner, who requested the investigation. “How was this allowed to happen? How did this child get beaten and nobody ever recognized it or came in to stop it?”
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Smith died in 2024. He was malnourished, bruised, had been repeatedly pushed and burned, and food was withheld from him as a punishment, according to court records. At the hospital where he died, he was being treated for internal bleeding between his brain and skull, ulcers on his back and loss of hair — conditions associated with battered child syndrome, according to an autopsy by the Office of the Chief Medical Examiner.
His mother and grandmother both pleaded guilty to manslaughter in June and were each sentenced to 25 years in prison, with all but 10 years suspended. Smith’s father pleaded guilty to murder, also in June. He is scheduled to be sentenced on Sept. 22, according to the Office of the Maine Attorney General.
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The case follows the high-profile deaths in 2021 of four children who were in state custody or whose families had contact with child protective services. Those cases have led to scrutiny of the department and calls for reform in recent years.
Timberlake said during the committee meeting Wednesday that the department has refused to provide information about whether it was involved in Smith’s life until after his father is sentenced. Lawmakers said they expect the agency will then release a memo on the case, but indicated it may not provide everything they’re looking for.
They said the investigation should be prioritized, though it will be some time before findings are made, since such reviews typically take many months to complete.
“I think when the memo comes out, I’m going to want more information,” Timberlake said. “But I think if we have the wheels in motion, then the sooner we will get to a solution.”
A spokesperson for DHHS said Friday that the department is prohibited by law from commenting on cases related to minors and their families who may or may not have been involved with them. Once the sentencing is complete in the pending criminal case, the department will provide the memo outlining any involvement they may have had, said spokesperson Lindsay Hammes.
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Court records have indicated that Smith was homeschooled. Lawmakers said they also want to look at whether the state was involved in that context. Sen. Stacey Guerin, R-Glenburn, said she used to do homeschool reviews as a certified teacher.
“I certainly would have reported a child that was that thin and (showed) all the warning signs” of abuse, she said. Guerin also said she wondered if anyone from the state was evaluating the family’s homeschooling.
Lawmakers noted Wednesday that the review comes as a new governor is set to take office in January and will be appointing new leadership of the department. Changes to oversight of child welfare approved in the last legislative session are also set to take place before then.
Gov. Janet Mills has until Oct. 1 to appoint a leader of a new Office of the Child Advocate. The office will receive and investigate complaints, share information with the public and advise the governor and lawmakers on how to improve services and protections for children.
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Tagged: maine department of health and human services
Rachel covers state government and politics for the Portland Press Herald. It’s her third beat at the paper after stints covering City Hall and education. Prior to her arrival at the Press Herald in. More by Rachel Ohm
