Newborn had cocaine in her system. Richmond CPS screened out the report. A month later, she was dead.

RICHMOND, Va. A month before a baby girl died from cocaine toxicity, court testimony revealed the newborn had cocaine in her urine and the hospital reported her substance exposure to Richmond Child Protective Services.

But according to testimony from Dr. Robin Foster, a child-abuse expert at VCU Health, the report was screened out.

The baby was subsequently released from the hospital to her parents.

One month later, the infant, identified as L.C. in court records, was found unresponsive inside a Henrico County motel room near Richmond International Airport.

The medical examiner determined the baby died from cocaine toxicity and ruled the manner of death a homicide.

The childs parents, Derrick Carter and Ashton Leeper, have been charged with second-degree murder and child neglect. The charges are allegations, and the criminal cases remain pending.

CBS 6 has been investigating what happened to the one-month-old girl. Now, CBS 6 investigative reporter Melissa Hipolit is examining what happened before the baby ever left the hospital.

Richmond mayor: Did they incorrectly screen this out?

Because Richmond DSS made the decision to screen out the report, Hipolit asked Richmond Mayor Danny Avula about it.

Does that concern you to find out that your Department of Social Services screened out a report of a newborn baby with cocaine in their system? Hipolit asked.

Avula said he did not know the details behind the decision.

I don't know why it was screened out, but I do think those will be the elements that, as the reviewers look at this particular case, we'll see, Avula said. Did they incorrectly screen this out?Avula has particular experience with the issue. He is a pediatrician and, before becoming Richmonds mayor, served as commissioner of the Virginia Department of Social Services, which oversees Virginias locally administered social-services system.

Avula said Virginias policy for substance-exposed newborns could help explain the screening decision.

There had to be two criteria met to actually screen in a positive tox report, and it is both a positive tox report and evidence of behaviors that are substance abuse impaired by a parent, Avula said.

What Virginias CPS guidance says

CBS 6 reviewed the March 2025 Virginia Department of Social Services Substance-Exposed Infants guidance.

The manual lays out several circumstances in which a referral should be screened in.

It says that should happen if:

a parent has a positive toxicology test at the time of the infants birth; or a medical or behavioral health assessment indicates an active substance-use disorder and the parent is demonstrating behaviors that may affect the ability to properly care for the infant; or there is a history of prior referrals involving substance use.

The manual also addresses what local DSS workers should do when a hospital reports a positive toxicology result in a newborn, but does not provide enough other information to determine whether the child meets the criteria.

In those cases, the state says the local agency should make further inquiry into the circumstances surrounding the report. That inquiry should include asking the health care provider for the information, records and reports underlying its suspicion that the infant may be abused or neglected.

The guidance further states:

The LDSS may not have a blanket policy which reflects that a positive toxicology report, standing alone, is or is not a valid referral."

Instead, the local department must use professional judgment based on the information gathered from the health care provider.

Avula said the system requires balancing when a child needs to be removed from a home against when a family could instead receive additional financial, case-management, substance-use or mental-health support.

Former CPS worker calls case disturbing and very tragic

CBS 6 also asked Christa Moore, a sociology professor at UVA Wise and former CPS worker, to review the situation.

In an email to CBS 6, Moore called the case disturbing and very tragic.

She said it is highly unusual for an infant to be released to parents after being born with an illegal substance in the babys system.

Moore also pointed CBS 6 to the states substance-exposed infant guidance and said CPS can request medical records when investigating the circumstances surrounding a newborns drug exposure.

Should the policy change?

Hipolit also asked Avula for his thoughts about whether the presence of cocaine in a newborn should automatically trigger a CPS investigation.

A lot of people that are commenting to us are saying, automatically, if a baby is born with cocaine in their system, then there should be a CPS investigation, Hipolit said. They should come in, interview the parents, check out where the baby is going to be living. What do you think?

Avula said this case should prompt officials to revisit the policy.

I think this should trigger a review of that policy, Avula said. And does that policy make sense? And is there a more appropriate response, both at the state policy level but also at the local level, to make sure that we're minimizing harm?

Questions remain about Richmond DSS decision

CBS 6 is still trying to determine exactly what information Richmond DSS received from VCU Health before the baby was released.

Among the questions CBS 6 is pursuing:

What information did VCU Health provide to Richmond DSS when it reported the newborns cocaine exposure? Did Richmond DSS make the further inquiry contemplated by Virginias CPS guidance? Did DSS request the mothers or infants medical records? What information did Richmond DSS rely upon when it decided to screen the referral out?

Those questions are part of CBS 6s continuing investigation into what happened before the one-month-old babys death.

This is a developing story, so check back with WTVR.com for updates. Email the CBS 6 Newsroom if you have info, photos or videos to share.