Baby Jaxon's death renews scrutiny of Santa Clara Co. welfare system after he was killed by cousin

SAN JOSE, Calif. (KGO) -- The death of 2-year-old Baby Jaxon has renewed questions about Santa Clara County's foster care system, marking the third child in as many years to die while under the care and custody of the county's Department of Family and Children Services.

A vigil was held Tuesday at Juvenile Hall to honor Baby Jaxon and to call for changes to a system that family members and advocates say contributed to his death.

Baby Jaxon died this month after suffering what authorities described as suspicious and traumatic injuries.

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His cousin has been charged with sexual assault and murder in connection with the case.

Jaxon's maternal aunt, Riley Wallace, said the loss has devastated the family. "Jaxon was a very bubbly, happy kid. He had such a contagious laugh and was always smiling - just full of love and happiness. It's hard waking up every day and constantly thinking about this situation," Wallace said.

Wallace said her family raised concerns after Jaxon was placed in February with relatives approved by the county. "It was not the best life that he needed to be given," she said. According to Wallace, Jaxon was born premature and was likely affected by fetal alcohol syndrome and autism.

She said her family had been involved with Santa Clara County's child welfare agency since Jaxon was born.

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After Jaxon's mother died last July, Wallace said her family reported concerns to the county about Jaxon's living situation with his father.

County officials eventually placed Jaxon in the care of his father's cousin, who lived in San Jose. That woman is the mother of the boy charged in Jaxon's death.

Wallace said her family was denied custody because they live in Arizona.

"Jaxson suffered and his life was taken from him so terribly. So much was overlooked, and they didn't even give us a chance because they wanted to reunite him with his father," she said.

The Mercury News reported that the California Department of Social Services believes Santa Clara County places a greater focus on keeping families together than on keeping children safe.

Wallace said the family's concerns, including a 2014 felony child endangerment conviction against the foster mother, fell on deaf ears at the county level.

Jaxon died after spending just six weeks with the family, according to Wallace.

Santa Clara County is currently operating under a Corrective Action Plan with the California Department of Social Services, and the state is conducting an independent investigation into Jaxon's death.

"The county is knowingly placing children in harm's way - children that are in their custody, that they're responsible for. And they're violating their own policies, which puts them at greater risk and the end result is that there's deaths," Silicon Valley NAACP President Sean Allen said.

Allen told us his organization has filed a formal civil rights complaint against the county, citing not only Jaxon's death but also the deaths of Baby Phoenix and Jordan Walker, who also died following placements by the county's Department of Family and Children Services.

In a statement provided to ABC7 Eyewitness News, county spokesperson Peter Gallotta said, "There is nothing more important to the County of Santa Clara than keeping children safe. We are actively investigating the tragic death of Jaxon Juarez. We are committed to continuing to partner with the California Department of Social Services... so that together, we can understand exactly what happened and continue to make any and all necessary changes to better protect vulnerable children in our community."

On Monday, District Attorney Jeff Rosen declined to confirm whether his office would investigate the county over the deaths but said investigators would examine whether anyone else is criminally responsible and hold them accountable as needed.