Yukon social workers didn't flag past concerns about babysitter before infant's death, inquest hears

Social workers were rushing to find care for an infant and didn't raise concerns about the babysitter whose home she died at in 2021, an inquest in Whitehorse heard this week.

Kaiya Stone-Kirk was reported dead on Aug. 1, 2021. A coroner's inquest into her death began Monday with the aim of understanding what led to Stone-Kirk's death in order to prevent similar deaths in the future.

The inquest is not meant to lay blame on any party.

At the time of her death, Stone-Kirk's parents were unable to care for her and her 17-month-old brother. The babies were living primarily with their grandmother, Margaret Sue Stone, in Watson Lake, a short-term arrangement made with Family and Children's Services (FCS).

In the week leading up to the baby's death, Stone and both the children had tested positive for COVID-19. As Stone's symptoms worsened, and her case became serious, she and a social worker scrambled to find a place for the children to go until she got better. 

Stone-Kirk and her brother ended up spending a weekend at the home of Cheryl Wolftail, a babysitter. On the second night of their stay, Stone-Kirk was put down to sleep on an adult bed. 

The next morning, Wolftail found the baby wedged between the bed and a wall. Dr. Elizabeth McKinnon, who performed the autopsy, told the inquest Stone-Kirk had suffocated.

Over the past two days, presiding coroner Mara Pollock and a jury have heard testimony from various FCS staff.

Questioning from lawyers has focused on whether Wolftail was a suitable babysitter, whether she was equipped to care for the two babies, and whether FCS staff should have planned for the children to go stay in her home.

Rush to find care for children

Mimi Deacon, the social worker who was assigned to Stone-Kirk's file at the time, told the inquest the infant's family needed a lot of support. She said she had frequent contact with them and often connected with them more than with other families she worked with.

Deacon had taken over the file earlier that year. At the time of Stone-Kirk's death, she'd been in her job as a regional social worker for under a year.

As Stone became more and more ill, Deacon said she tried to help her make a plan for where the children would go should she become unable to care for them. 

With limited resources in Watson Lake, one option was to send the children to Whitehorse. Deacon said Stone wasn't happy with that option, as it would likely have meant putting the children into formal care. 

Stone earlier testified that past experiences with residential schools and foster homes had caused her to be distrustful of other people watching her grandchildren.

Deacon, too, said she felt the best option was to keep the children close to family and in their community, where they could be cared for by someone who knew them.

Along with her supervisor, Deacon said she started making calls to people in Watson Lake who could possibly babysit short-term.

She told the inquest she contacted Wolftail, who had looked after the kids in the past. Wolftail earlier testified she was also isolating with her own children and her niece, as they had COVID-19.

Deacon told the inquest FCS had provided Wolftail with a bassinet for Stone-Kirk to sleep in, and had instructed her to put the baby there when she went down to sleep.

Questions about babysitter's capability

Deacon said she felt Stone trusted Wolftail with the children, as she had arranged for her to watch them in the past. 

But lawyers have pointed to Wolftail's FCS file, which shows there had been historical concerns that she was unable to properly care for her own children, particularly when they were infants.

Wolftail had also disclosed to social workers that she had Fetal Alcohol Syndrome Disorder. Lawyers have questioned whether Wolftail was cognitively capable of providing adequate care for the two babies while also looking after her own family.

Though FCS staff had access to the file at the time, they did not raise concerns about whether Wolftail was a suitable babysitter.

Who approves babysitter

Lawyers have also questioned whether FCS staff were responsible for approving Wolftail as the babysitter in this circumstance.

Because the children had been living with an extended family member, and weren't formally in care, FCS could play a role in planning or paying for babysitting, but it wasn't necessarily their responsibility to decide who should be allowed to babysit, staff have testified.

The inquest is scheduled to continue until the end of the week.