CFS worker defends closing Phoenix Sinclair's file

The child welfare worker who closed the file on Phoenix Sinclair's family, months before the girl was killed in 2005, is defending the decision she made at the time.

Shelley Willox, who encountered Phoenix's family in December 2004 while working in the crisis response unit of Winnipeg Child and Family Services (CFS), faced cross-examination by lawyers at the Phoenix Sinclair inquiry on Tuesday.

Willox had testified on Monday that she was asked to look into Phoenix's mother, Samantha Kematch, who had recently regained custody of Phoenix, given birth to another child, and moved in with a new boyfriend, Karl Wesley McKay.

After trying unsuccessfully to reach Kematch, Willox said she contacted the woman's public health nurse, who raised no concerns about Kematch or her ability to parent.

Willox said she closed the file, even though she never spoke with Kematch directly or came into contact with Phoenix.

Willox also testified that she did not conduct a background check on McKay in the province's central child welfare database.

The inquiry has heard that a background check would have revealed multiple files on McKay detailing a criminal record, domestic violence and substance abuse.

Right decision at the time

Willox admitted on Tuesday that had she known about McKay's record at the time, it would have been a mistake to close the family's CFS file.

But Willox insisted that she made the right decision at the time.

"Based on the information that I had and the concerns, or lack thereof, that were being reported to me at the time, do I agree based on solely the report that I provided that it was catastrophic that the file was closed at that time? No," she told the inquiry on Tuesday.

Phoenix was beaten to death in 2005, at the age of five, after suffering abuse and neglect.

Her body was not found until nine months later, in March 2006, wrapped in plastic in a shallow grave near the landfill at the Fisher River First Nation.

Kematch and McKay were convicted of first-degree murder in the child's death.

Willox testified that she did not conduct a background check on McKaywho at the time was going by his middle name because she did not have his date of birth.

2 likely results in CFS database

But inquiry counsel Sherri Walsh said a search through the database would still have returned two likely results, including the correct McKay.

"If you had seen that information, that would have warranted enough concern to do further investigation, or to refer the matter to do further investigation, to verify whether or not that was the Wes McKay living with Samantha Kematch, right?" Walsh asked Willox.

"Yes," Willox replied.

Kris Saxberg, a lawyer representing CFS agencies, asked Willox what else may have played into her decision to close Phoenix's family's file.

"So you have two social workers who had visited with Samantha on four occasions in a five-month period, and there had been no concerns as a result of those meetings. That's something that would favour closing the file as a result of no child protection concerns, correct?" Saxberg asked.

"Yes, it would," Willox responded.

Willox also testified that a lack of information-sharing among various social welfare agencies was a factor.

The inquiry is hearing from an income assistance employee on Tuesday afternoon.