A state review of the overdose death of a 3-year-old Madison girl has found that Dane County Human Services should have investigated further after receiving a report that the child might have been abused more than a year before her death.

It is the third time in two years the Wisconsin Department of Children and Families has criticized or questioned the county’s actions involving a child who later died.

Erika Monroe-Kane, spokeswoman for the state agency, said Thursday the county has "demonstrated a willingness to closely examine their practice and make necessary improvements."

Amaya Walker died Feb. 7 of an overdose of the prescription painkiller oxycodone. Her grandmother, April Walker, with whom Amaya was living in a Downtown homeless shelter, is charged with child neglect resulting in her death.

Prior to Amaya’s death, Human Services agreed to a state review of 100 of its 2009 cases to assess current practices.

The state reopened a review of the Walker case in May after learning of police reports that say a detective warned Human Services in September 2007 that Amaya’s home situation appeared "transitory and risky" and asked for greater oversight of the child. The warnings came after a report of possible sexual assault of the child, which could not be proven.

The police reports also expressed concerns that Walker was allowing the alleged abuser — a man who had a history of physical abuse of a child — to stay at her mother’s home, where Walker and Amaya also stayed, in violation of his probation rules.

But Human Services released a statement Thursday saying, "Our records indicate no receipt of any subsequent written or verbal reports or referrals from the Madison Police" after the agency faxed police a copy of its intake report on the alleged abuse on Aug. 22, 2007.

Capt. Cameron McLay of the Madison Police Department said he believes the detective’s reports were sent to Human Services, but added, "I believe Human Services did nothing wrong."

Monroe-Kane said the information provided to Human Services on Aug. 16, 2007 "constitutes a report of alleged abuse or neglect of a child that should have been screened in by the agency" for further investigation.

While Human Services was correct to refer the matter to police, Kane said, "This does not, however, replace action on the part of (Human Services)."

In its statement, Human Services said, "Because there was no medical evidence of sexual abuse, the allegation was not substantiated. Given the medical conclusion the Department did not believe there was a basis for a finding of maltreatment."

According to the criminal complaint filed against Walker in Amaya’s death, Walker told staff members and residents of the homeless shelter that she was taking the limp and nearly lifeless child to a hospital about five hours before Amaya stopped breathing at Walker’s mother’s house on the day before she died.

The complaint states that Amaya’s blood contained six times the therapeutic range for oxycodone, for which Walker had a prescription, as well as Valium, which Walker had obtained illegally.

A state review found multiple failings by the county in the July 11, 2007, death of 6-week-old Anastasia Vang — which occurred about two weeks after Human Services was notified of possible abuse — including an inadequate safety plan. The infant’s mother, Ee Lee, 25, is charged with first-degree intentional homicide, but the court has found her not mentally competent to stand trial.

In the July 16, 2008, death of 6-year-old Deshaunsay Sykes-Crowder in Cleveland, Ohio, the state questioned the county’s decision not to bring the child and her guardian back to Madison to review a protection plan for the girl three years earlier. The guardian, Lynda Sykes, Deshaunsay’s aunt, is charged with aggravated murder in her death.

Kane said that since 2007, Human Services "has implemented significant changes in child protective services personnel and policies to address the increased demand in the areas of screening reports and investigations of alleged maltreatment of children in Dane County."