Everlyse Cabrera, Now 4, Missing Since, 6/10/06, Las Vegas

[Faith]

Foster child who disappeared from her foster home in June 2006

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Foster Parents of Everlyse Cabrera Seek Restraining Order

Updated: June 27, 2006 11:06 PM

There's still no sign of a missing North Las Vegas girl 17 days after she disappeared. Her foster parents say 2-and-a-half-year-old Everlyse Cabrera walked away from their home June 10.

Now there is a new twist in the disappearance.

The foster parents have filed for restraining orders against one of their neighbors and Everlyse's biological parents.

There's a lot of tension in that neighborhood. A display that supports finding the girl is next door to where she disappeared. The foster parents who live there have not talked with police or neighbors since the day Everlyse disappeared.

A judge has not looked over or approved the orders yet.

Where's Everlyse Cabrera? That question has bothered Steven Ermilio for the past 17 days. He lives next to the foster home where she disappeared.

Ermilio started the pile of stuffed animals and flowers, which others added to, in front of his house. He and other neighbors gather and pray the child will be found alive.

Steven Ermilio said, "I still hold hope that she is still out there somewhere and she will come home to the biological parents."

He hoped the foster parents would join the first vigil.

Vhee and Manuel Carrascal did not and have refused to speak to police since Everlyse disappeared June 10.

No one answered when Eyewitness News tried to talk with them again Tuesday.

The silence has increased tension on the street. It's all the neighbors talk about when they get together for the vigils on Ermilio's property.

Steven Ermilio said, "Until we find out something or they talk to the police, we are not leaving this property. This is my property and I'm not leaving and you cannot stop me."

North Las Vegas Police are just as frustrated. The tip line stopped ringing several days ago and detectives say they have not formulated any suspects.

Sean Walker, with the NLV police, said, "We have not identified that this is a crime. We are still looking at it as a missing persons case. "

All of this has added to the frustration of neighbors who helped to search for Everlyse while they say the foster parents remained out of sight.

Steven Ermilio added, "I'm not out to cause harm or threaten them. All I want them is to tell the police what happened to the little girl."

The neighbors say they will not stop holding vigils at the house. And there is another one planned for this week.

The last tips police received on this case several days ago came from psychics.

Police look at all of them. They say they never know which tip will lead to Everlyse.

Email reporter Edward lawrence at elawrence@klastv.com

http://www.lasvegasnow.com/Global/story.asp?S=5086837

[Faith]

DOB: Jan 26, 2004 Missing: Jun 10, 2006 Height: 2'6" (76 cm) Eyes: Brown Race: White/Hisp Age Now: 3 Sex: Female Weight: 25 lbs (11 kg) Hair: Black Missing From: NORTH LAS VEGAS NV United States Everlyse was last seen at home on June 10, 2006. She was last known to be wearing pink shorts, a pink shirt and no shoes. ANYONE HAVING INFORMATION SHOULD CONTACT National Center for Missing & Exploited Children 1-800-843-5678 (1-800-THE-LOST) -------------------- ---------------------------------------- -------------------- North Las Vegas Police Department (Nevada) 1-702-633-9111 The 2-year-old was reported missing on Saturday from her foster parent's home in North Las Vegas. The foster family, which consists of two parents, a 34-year-old son and a 14-year-old son are no longer cooperating with police. Police now want to know if anyone saw Everlyse Cabrera alive and well after May 15th, which was the last time her natural parents saw her.

[Faith]

EVERLYSE CABRERA DISAPPEARANCE: County responds to lawsuit

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Blame placed on foster parents, their adult son, birth parents

The civil lawsuit spurred by the disappearance of Everlyse Cabrera while in foster care is evolving into a frenzy of finger-pointing.

Birth parents Marlena Olivas and Ernesto Cabrera blamed the county and the foster family when they filed the lawsuit in September.

The foster parents, Manuel and Vilma Carrascal, faulted Clark County's Department of Family Services and the birth parents after being named as defendants in the legal action.

On Monday, Clark County weighed in when Deputy District Attorney Gloria Navarro responded to the birth parents' federal lawsuit targeting five Department of Family Services employees for negligence in supervising and monitoring Everlyse while in foster care.

The county response places responsibility for the small girl's plight on not only the Carrascals and their adult son Melvin Balane but on the birth parents.

"The resulting damage, if any, to the plaintiffs, was proximately caused or contributed to by Melvin Balane, Vilma Carrascal and Manuel Carrascal's negligence, and such comparative negligence was greater than the negligence, if any, of these (county) defendants," Navarro wrote.

The county, which became the legal guardian for Everlyse once she was removed from parental custody, also asserted a claim to qualified immunity from civil liability and said that the birth parents should not receive a financial settlement.

"Plaintiffs are not entitled to recovery on any claim of relief set forth in the complaint since the plaintiffs come to court with unclean hands regarding the matter," Navarro wrote.

Attorney Gregory Mills, who represents Olivas and Cabrera, said the county's assertion that the birth parents are at fault in their daughter's disappearance is ridiculous. He was also taken aback by the county's claim that the birth parents "voluntarily" assumed the risks and dangers of foster care by causing their children to be taken away.

"Are they saying that the 2,900 other individuals in foster care are in open and obvious risk of being lost, killed or harmed?" Mills asked. "This is the county's own attorney saying that foster care is an unsafe place for children."

Navarro said that the response was simply a legal action that preserves the county's right to assert those defenses in the future. It does not mean there is currently any evidence to support them, Navarro said.

"The affirmative defenses are merely meant to preserve those defenses should information come to light in the discovery process," Navarro said.

Mills said he understands that, but he questioned how the county could hold itself blameless. Although the house occupied by the foster parents and Everlyse was owned by Balane, the couple's adult son was never licensed or subjected to a background check. That's the usual procedure for anyone who lives with a foster child, Mills said, and it was not followed in this case.

The lawsuit alleges that Family Services workers placed Everlyse in danger by poorly screening, training and supervising the foster parents. The action also faults the county for not making sufficient efforts to reunify the family under Nevada law.

The county employees named in the civil action are former Family Services Director Susan Klein Rothschild, Family Services Administrator Nancy McLane, Family Services supervisor Amy Jaffee, and Family Services caseworkers Vera Sampson and David Cronister.

Everlyse was 21/2 years old when she was reported missing in June. The Carrascals told police that the child had unlocked the front door and wandered off into the night. Police report that no one outside of the foster family had seen Everlyse after May 15.

The Carrascals, whom police said have stopped cooperating in the missing persons investigation, said last week in their response to the lawsuit that they deny any wrongdoing. Their attorney, E. Brent Bryson, said Monday that although he understands why the county is arguing that they are not at fault, he doesn't think it's going to be a strong position for them.

"When it comes down to it, I don't think anyone will be of the belief that the county has no responsibility in this situation," Bryson said. "I don't see how the county can be relieved of any type of negligence."

Gary Peck, executive director of the American Civil Liberties Union of Nevada, a group negotiating with the county to reform foster care and phase out congregate care, said that while the county is entitled to offer whatever legal defense it can, some of the arguments presented are deeply disturbing to him.

"It is terribly important that everyone take a deep breath and remember the underlying reality behind the more abstract legal dispute," Peck said. "What you're talking about is a baby and the way in which that baby's life may have ended. That underscores the pressing need for a major reform of the child welfare system."

Little progress has been made in the missing persons investigation handled by North Las Vegas police. Although officers recently revisited the neighborhood where Everlyse went missing, no new information has moved the case forward. Sean Walker, spokesman for the North Las Vegas police, said anyone with information on Everlyse should call 633-9111.

"Anything will be helpful at this point," Walker said. "Our investigation has not changed at all. We still have a missing 21/2-year-old."
http://www.reviewjournal.com/lvrj_home/2006/Oct-24-Tue-2006/news/10400159.html

[Faith]

2/23/07: Case Review: Manual and Vhee Carrascal Foster Home
http://news.eyewitnessnews8.com/documents/CarrascalFosterHome-caseReview.pdf

[Faith]

Foster Parents to Settle Civil Case in Child's Disappearance

Updated: March 1, 2007 07:48 PM

A settlement is in the works over the disappearance of Everlyse Cabrera, the three-year-old who went missing from her foster home last June. Though her whereabouts are still unknown, a civil lawsuit filed by her biological parents is moving forward in her absence.

Everlyse's foster parents, Manny and Vhee Carrascal, have offered to settle the civl case against them. Though it won't cost them a dime. As licensed foster parents, Clark County maintained a $300,000 insurance policy for the Carrascals.

According to court documents the insurance company has agreed to pay the maximum, with one condition. If Everlyse is found, she can't turn around and sue the Carrascal's again.

To that end, Gregory Mills, the attorney for Everlyse's natural parents, filed two motions in federal court, one to include Everlyse as a party in the lawsuit and the other to have a guardian ad litem appointed for her.

The local attorney will act in Everlyse's best interests and ultimately control the division of any monies collected.

Mills told the I-Team, for example, if the settlement goes through, the money would likely be held in an interest bearing account for Everlyse, or potentially used to help find her.

It's unclear what this will mean for possible depositions involving the Carrascals. They've refused to cooperate with police, though as parties in the lawsuit they ould be required to answer questions in a civil deposition.

If they settle, they could still be deposed as witnesses, though their attorney says he's not sure whether he would challenge that.

If the settlement is approved, it does not involve the Carrascal's 34-year-old son or any of the Clark County defendents.

One other bit of information appearing in the documents, early on, Everlyse's parents indicated they would settle with the county for $2.3 million.

The county rejected their offer.

http://www.lasvegasnow.com/Global/story.asp?S=6165301

[Faith]

Mar. 03, 2007


MISSING GIRL: Settlement may clear foster parents

Lawyer for birth parents files motion


The foster parents of a 2-year-old girl who went missing in their care may be able to buy their way out of a civil lawsuit and future liability with a $300,000 settlement.

Manuel and Vilma Carrascal reported Everlyse Cabrera missing on June 10. The couple told North Las Vegas police that the child opened the front door on her own and wandered away sometime during the night.

Everlyse hasn't been seen since. Her birth parents, Marlena Olivas and Ernesto Cabrera, are suing the state, the county and other responsible individuals, including the foster parents, for damages. The $300,000 settlement would be payable by a private insurance company. Clark County routinely takes out insurance policies for those who provide foster homes.

"The potential resolution with these defendants involves the limits of a policy of insurance and the lack of other personal assets sufficient to compensate the parties," said a federal court document filed on Feb. 28 by Gregory Mills, an attorney for Everlyse's birth parents.

"The resolution of the claims against the Carrascal defendants is conditioned upon obtaining the release of all potential claims, specifically, the potential claims made by the minor child, Everlyse Cabrera," Mills said.

Christine Skorupski, spokeswoman for the Clark County Department of Family Services, said the negotiation of such a settlement would be among the foster parents, the insurance company and the plaintiffs and does not require county approval.

Court documents also show that the birth parents unsuccessfully sought a $2.3 million settlement from Clark County. In a letter sent to Mills on Feb. 21, District Attorney David Roger said that because the parents now have a financial stake in the outcome of the lawsuit, their ability to represent the best interests of Everlyse is compromised. Roger also said that the history of drug use on the part of both parents was a barrier in acknowledging them as appropriate guardians for Everlyse.

"My client cannot ... overlook your client's unwillingness or inability to refrain from drug use and your client's history of making bad choices," Roger said.

To that end, Mills is seeking a court-appointed guardian for Everlyse to represent her best interests during the legal proceedings. However, in a letter to the district attorney's office dated Feb. 22, Mills blasted the district attorney for questioning the competency of his clients.

Mills emphasized that the question at hand is the competency of Clark County Family Services and not that of Olivas and Cabrera. They didn't lose their own daughter, Mills said, the county did that.

In a written response, Roger reminded Mills that the record shows Olivas and Cabrera did fail to provide adequate oversight for another child.

"Regarding your statement that 'Everlyse never disappeared from her parents' custody,' don't forget that your clients did lose her little brother Benjamin, who was located on Fremont Street by the police," Roger said.

The parties involved in the lawsuit have until March 18 to respond to Mills' motion to amend the original complaint and settle with the Carrascals.
http://www.reviewjournal.com/lvrj_home/2007/Mar-03-Sat-2007/news/12929486.html

[Faith]

I-Team: Everlyse Cabrera's Foster Parents Could Plead The 5th

Updated: March 8, 2007 07:11 PM

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The foster parents of a missing 2-year-old girl plan to dodge questions about her disappearance next week. They may plead the fifth during a deposition, according to the lawyers who represent the girl's biological family.

Former foster parents Manny and Vhee Carrascal won't talk to police about the disappearance of Everlyse Cabrera. Their silence, in part, motivated a civil lawsuit against the couple and Clark County.

During a civil deposition, the Carrascals would have to answer the questions they've evaded for nearly eight months -- at least in theory.

Letters obtained by the I-Team detail arguments between the attorneys involved in the case.
At issue -- whether the Carrascals have to appear for a deposition scheduled next week.

Despite earlier protests, the lawyer representing the couple tells the I-Team as of right now, they will attend, though attorneys for the Cabrera family told the I-Team they've been told the Carrascals will assert their fifth amendment right against self-incrimination and refuse to answer questions.

Attorney David Gibson said, "We want to know, and we want it unequivocable, what is their version of what happened to Everlyse. They've taken the stand that this was an accident, that the little girl just walked out the door. I want them to say that if it's true, but if it's not true I want to see on their face how they look when they're telling me that story."

Attorneys David Gibson and Gregor Mills plan to push hard for information if the foster parents do plead the fifth.

A settlement is pending that would release the Carrascals from any financial obligation. An insurance policy in their name, paid for by Clark County when they were foster parents, is expected to pay out $300,000.

That settlement does not include Clark County. The claim against it is still moving forward.
http://www.lasvegasnow.com/Global/story.asp?S=6200656

[Faith]

I-Team: Foster Parents Questioned in Girl's Disappearance

Updated: March 15, 2007 08:47 PM

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Monday, the former foster father of Everlyse Cabrera faced questions about her disappearance behind closed doors. The I-Team has a transcript of the discussion, word for word.

Manuel Carrascal doesn't have to talk to the police about the disappearance of 2-year-old Everlyse Cabrera, but he did have to appear for his court-ordered deposition. Though this question and answer session was hardly illuminating.

Carrascal pleaded the fifth to almost every question -- from the mundane, like who pays your mortgage, to the meat, like do you know where Everlyse Cabrera is right now?

Colleen McCarty asked them, "Do you plan to answer any questions today?"

Manuel and Vhee Carrascal, and their attorney, Bill Doyle, left nothing to chance.

Doyle said, "We're going to have a deposition taken, Colleen. That's the idea, to answer questions."

The former foster parents of Everlyse Cabrera, the 2-year-old who disappeared from their home, appeared for their court ordered civil deposition Monday.

But according to transcripts obtained by the channel 8 I-Team, their attorney made it clear early on, showing up was all they planned to do.

Doyle said, I can tell you right now he's going to tell you his name, and he's not going to tell you anything else about anything. He's going to assert the fifth to every question.

Frustrated by the lack of cooperation, according to the transcripts, attorneys for the Cabrera family telephone the federal court for guidance.

Judge Robert Johnston explains, Mr. Carrascal's going to be entitled to assert that privilege and just needs to do it as to each question where it's appropriate.

The questioning then resumes, how many hours a week do you work?

Answer -- fifth amendment.

Question, when did Initial B. and Everlyse normally go to bed?

Answer -- assert the fifth.

Question, what is your position about what happened to Everlyse?

Answer -- assert the fifth amendment.

Gregory Mills and David Gibson represent the Cabrera family.

"Their attitude was almost cynical at times. At one point laughing at some of our questions, offended that we kept asking questions, offended that we wanted to have more details about what occurred that night," said Mills.

The only line of questioning Carrascal did answer related to his 33-year-old step-son Melvin Balane.

According to the transcript, Balane moved in with his parents two weeks before Everlyse disappeared, then returned to the military shortly thereafter.

Question: Did you ever report Initial M.'s presence to the Department of Family Services?

Answer -- assert the fifth amendment.

Question: Do you have a belief as to whether or not Initial M. harmed Everlyse Cabrera?

Answer -- fifth.

And the final question recorded by the court reporter -- has initial M. ever told you if he did anything to Everlyse to cause her disappearance?

Answer -- assert the fifth.

The two hour deposition ended as it began -- with lots of questions and few answers. During a hearing Tuesday, the federal judge on this case explained the fifth amendment can only be used when there is a real danger of self incrimination.

It is likely he will eventually decide if that is the case here.
http://www.lasvegasnow.com/Global/story.asp?S=6228826

[Faith]

Mar. 29, 2007


MISSING GIRL: Attorneys try to force testimony

Court motion seeks to compel foster parents to face questions

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The foster parents responsible for a 2-year-old girl who disappeared in June face court action that seeks to force their cooperation in a civil lawsuit.

Manuel and Vilma Carrascal have been largely silent since they told police that Everlyse Cabrera had opened the door of their North Las Vegas home and wandered out during the night, but attorneys for the natural parents want to know more.

"We're doing our best to get answers," said David Gibson, who represents Ernesto Cabrera and Marlena Olivas, who had their daughter removed from their custody because of their drug use. "And we're not going to stop."

The Carrascals originally were named in a federal court lawsuit filed by Cabrera and Olivas after Everlyse disappeared. They, with Clark County and staff members of the Clark County Department of Family Services, are blamed in the lawsuit for failing to safeguard Everlyse, who was in protective custody.

The Carrascals since have been dropped from the lawsuit after agreeing to a $300,000 settlement to be paid by a private company that insures foster parents.

But Gibson said Wednesday that does not preclude the Carrascals from being called as witnesses against the remaining civil lawsuit defendants. The Carrascals have declined to answer questions during depositions, invoking their Fifth Amendment right against self-incrimination.

Gibson and attorney Gregory Mills on Friday filed a motion to compel the Carrascals to respond to deposition questions. The information being sought covers the Carrascals' financial history, their track record as foster parents for Clark County Family Services and details of what occurred in the time leading up to the disappearance of Everlyse, which was reported to police on June 10.

In their initial interview with North Las Vegas police, the Carrascals detailed what they thought happened to Everlyse: how she scooted a chair to the door, unlocked it and left the house. The Carrascals have refused to be re-interviewed by police.

Tim Bedwell, spokesman for the North Las Vegas police, said that investigators would like to speak with the Carrascals again. The disappearance is being treated as a missing persons case, and although more than nine months have passed since the child was seen, Bedwell said investigators have not given up on the case.

"We know that someone knows what happened to this little girl," Bedwell said. "We often have cases where small children get away from a parent and are turned in by someone. It's not that unusual for a child to get out of a house."

What is unusual, Bedwell said, is for such incidents to occur at night and involve such a young child. Most missing children are reported during the day and almost always are found. And most people who see a young child alone on the street are going to call police, Bedwell said. Extensive searches for Everlyse have turned up nothing and Bedwell said that police are desperate for a break.

"I wish there was something more I could say," Bedwell said. "This is something that eats at our detectives every day."

Police are asking that anyone with information on Everlyse report it to 1-800-THE-LOST.
http://www.reviewjournal.com/lvrj_home/2007/Mar-29-Thu-2007/news/13460234.html

[Faith]

Parents of Missing Foster Child Get Settlement Money

Updated: May 21, 2007 10:57 PM

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Money is moving in the case of missing 2-year-old Everlyse Cabrerra. The Channel 8 I-Team takes a look at the settlement agreement and who could profit from the child's disappearance.

For $300,000, Everlyse Cabrera's foster parents will be free and clear of a civil lawsuit against them. Though the case alleges the couple failed to protect Everlyse while she was in their care, they won't actually have to pay for it.

The money is the maximum payout available on an insurance policy provided to all foster parents by Clark County. Manny and Vhee Carrascal claim they don't have any assets.

So, everyone gets a third, except the lawyers who plan to take 40-percent. That means $60,000 for Everlyse's mother, her father and for her, should she be found.

According to the motion before the court, the money for Everlyse will have to be put into a blocked investment account, and her parents will have to report its activity to the court every year.

This is not yet a done deal; though the I-Team was told the court is expected to approve it.

The foster parents asserted their right against self-incrimination during their civil depositions.

The court ordered them to answer some questions related to their financial status, but nothing related to Everlyse or what may have happened to her.

Manny and Vhee Carrascal also continue to refuse to speak to the police.
http://www.lasvegasnow.com/Global/story.asp?S=6549037

[Faith]

Jul. 11, 2007

DEPARTMENT OF FAMILY SERVICES: Police find child dead at home

In past, five reports lodged against toddler's family

By DAVID KIHARA
REVIEW-JOURNAL

A toddler whose family has a history of being investigated on suspicion of child abuse or neglect was found dead Tuesday morning in his father's downtown Las Vegas home.

The child was identified by authorities as 33-month-old Zander Martino. He and his two siblings were in protective custody less than two weeks ago while the county investigated an injury to Zander, the Clark County Department of Family Services said.

Family Court Hearing Master David Gibson Sr. placed Zander and his siblings back into their father's custody on June 28, authorities said.

Why Gibson returned the children to their father was unclear Tuesday. Gibson could not be reached for comment.



Las Vegas police officers were called to the family's home in the 200 block of Hoover Avenue, near Main Street and Bonneville Avenue, about 8:30 a.m. Tuesday because Zander was not breathing, police said. They found Zander dead inside the house.

Zander's father, his wife or girlfriend and Zander's two siblings were at the home, said Lisa Teele, supervisor for the Las Vegas Metropolitan Police Department's abuse and neglect unit.

The boy's mother lives out-of-state, Teele said.

Authorities said there was some bruising visible on Zander when he was found, but his cause of death was still under investigation Tuesday night.

Teele said no one had been taken into custody or charged in connection with the death.

The Department of Family Services first opened a case on Zander in December 2004, when he was about 2 months old, after the county received a report that his mother had abused him, said Christine Skorupski, spokeswoman for the department.

The county removed Zander and his siblings from the home at that time, Skorupski said.

She said Zander became a ward of the county in August 2005 and between then and April was at times in foster care and at other times living with his relatives.

In April, Zander and his siblings were returned to the custody of their father. Family Services workers visited the home at least three times in May and reported no problems, Skorupski said.

But on June 19, the Family Services Department opened another investigation into the family because Zander had a injury that aroused suspicion, she said.

At that time, the county removed Zander and two other siblings, about 1 and 4 years old, from the home and placed them into protective custody, Skorupski said.

On Thursday, a week after Gibson had returned the children to their father, county workers made an unannounced visit to the family's home to check on the children's welfare. The workers did not find any bruises on the children or any signs of abuse or neglect during that visit, Skorupski said.

The workers watched as one of the adults in the house changed a diaper on one of the children, and the workers did not see any diaper rash on the child. Diaper rashes can be sign that a child is being neglected.

In all, the family had five previous reports lodged against it regarding possible child abuse or neglect, Skorupski said.

Donna Coleman, a child welfare critic, questioned whether Clark County Director of Family Services Tom Morton's goal of closing child welfare cases within 45 days might have come into play in Zander's case.

"Success to me in child welfare does not mean closing a case in 45 days. Where is the risk assessment?" Coleman said.

Clark County has been focused on child welfare reform since a 2005 state report found that authorities were underreporting and under-investigating suspicious deaths of children. The report found that between 2001 and 2004, 79 suspicious deaths of children in Clark County had never been reviewed to determine whether the abuse or neglect had been factors in the deaths.

The report was followed by a string of tragedies involving children in protective custody during 2006.

Everlyse Cabrera, 3, disappeared while in foster care and has never been found. A 7-month-old child to whom authorities referred to as "baby boy Charles" died of head injuries in foster care. Joshua Sharp, 15 months, was a resident of Child Haven, the county's shelter for children, when he went into respiratory distress and died.

The National Center for Youth Law, an Oakland, Calif.-based nonprofit, filed a lawsuit in federal court in 2006 and alleged that the county's child welfare system is in turmoil and puts children at risk.

Clark County Department of Family Services Director Tom Morton, brought in to improve the system, is working with the Safe Futures plan, which draws on increased funding from state and local governments to provide more staffing, training and oversight.
http://www.lvrj.com/news/8428072.html

[Roamer]

It disgusts me that children are placed in foster homes like this. Yes, there are many wonderful foster families. But there are far too many who do it for other reasons, that end up badly for the children put into their care. Like this one.

[Faith]

Jul. 23, 2007

Missing girl focus of legal battles

Parents say foster care system failed daughter

By LISA KIM BACH
REVIEW-JOURNAL

No one who's talking knows if Everlyse Cabrera is still among the living.

But the tiny girl with a cap of dark hair who disappeared from her foster home in 2006 is a growing presence in federal court, where her name is now at the center of a brewing legal battle that has a small fortune at stake.

On one side, Ernesto Cabrera and Malena Olivas are seeking accountability and compensation from Clark County and the individuals they say failed to protect their 2 1/2-year-old daughter while she was in foster care.

Attorney Gregory Mills, who represents Cabrera and Olivas, has already reached a tentative settlement worth $300,000 with one of the defendant parties, foster parents Manuel and Vilma Carrascal. They were responsible for Everlyse at the time she went missing.



But the division of that settlement -- payable by a private company that insures Clark County foster families -- and any other that may result from the lawsuit has been thrown into question. In June, U.S. District Court Judge Lawrence Leavitt appointed attorney Dara Goldsmith to act as a guardian for Everlyse. One of her first court filings on behalf of Everlyse challenges Mills' proposal to divide the money equally between the child and her parents.

"Everlyse is the one who was neglected by Plaintiffs, subsequently placed in foster care, allegedly neglected there, and the one who has been likely abducted, kidnapped or murdered," Goldsmith wrote in a court document filed on July 17.

"Therefore, there is a strong likelihood that Everlyse is entitled to a larger settlement or judgment from Defendants than the Plaintiffs."

Goldsmith could not be reached for comment. In her brief, Goldsmith questioned the fitness of the parents to oversee the estate of their daughter because of their inability to care for her in the first place.

Their illegal drug use contributed to the removal of Everlyse and two other children from their custody. The two other children remain in foster care.

"In fact, there is an action for the termination of Plaintiff parental rights with regard to all three children pending in State Court," Goldsmith said in court documents.

That further complicates future settlement outcomes. Goldsmith said in her brief that if Everlyse is declared legally dead after three years, her estate goes into probate and would generally be split between the mother and father. However, if the parental rights of Ernesto Cabrera and Marlena Olivas have been terminated, then the estate would pass to the siblings.

Mills is now challenging Goldsmith's appointment as guardian, which he said has the appearance of being an advantage to the Clark County defendants. Leavitt chose Goldsmith from a list of proposed guardians submitted by the defendants, Mills said. None of the five candidates he recommended were selected. Mills has requested a review of Leavitt's decision.

"I can't even fathom why one of our suggestions wouldn't be appointed," said Mills, whose list included former judges and attorneys experienced in family law. "No reason was given."

According to court records, one of Mills' recommendations was attorney Christopher Tilman. Tilman was rejected by Leavitt primarily because the Review-Journal had named Tilman in a story that called into question the billing practices of court-appointed attorneys, Mills said in a court filing.

Other potential guardians suggested by Mills included former U.S. Attorney Robert Dickerson and retired Family Court Judge Robert Gaston.

Mills said he supports the decision to appoint a guardian for Everlyse. But that person should not be an attorney handpicked by the parties who removed the child from her home, placed her in a failing child welfare system and then lost her.

When asked for an example of why he thinks Goldsmith's appointments gives the Clark County defendants an advantage, Mills seized on her most recent court filing and its characterization of Ernesto Cabrera and Olivas.

"It hurts the case when the guardian ad litum wants to attack a plaintiff," Mills said last week. "It takes the heat off the responsible party -- the county."

Goldsmith responded to Mills' challenge of her appointment in her July 17 court filing. Throughout her career as an attorney, Goldsmith has handled more than 300 guardianship cases. She also co-authored the 2003 revision of Nevada guardianship law, the most comprehensive modification of the law since 1969. In addition, Goldsmith said she has no bias toward the parents or the defendants.

"Dara J. Goldsmith, Esq., is not employed by any of the Defendants in the instant case, nor are there any conflicts of interest that should disqualify her," her filing said.

Goldsmith also raised the issue of paternity. Ernesto Cabrera is not listed as the father on Everlyse's birth certificate, she said, which calls his standing into question.

Mills said there's no question that Cabrera is the father of Everlyse. He's been recognized as such by the legal system, Mills said, which has named him the father in Family Court proceedings revolving around the abuse and neglect issues.

As the case involving Everlyse heats up in federal court, North Las Vegas police remain stymied by a trail that's gone beyond cold. Since the Carrascals reported Everlyse missing more than a year ago, investigators have been frustrated by the lack of any credible leads in the case, said police spokesman Tim Bedwell.

The Carrascals have refused to speak to police since they were first interviewed. During depositions for the civil lawsuit, they invoked their Fifth Amendment rights against self-incrimination.

Bedwell said the missing person's case remains active. Police are holding out for a witness who may have had contact with the child, whom the Carrascals said awoke in the middle of the night, opened the door and wandered away.

"Most police agencies have one or two cases they just can't put away, for whatever reason," Bedwell said. "This is a case like that."

http://www.lvrj.com/news/8656817.html

[Faith]

I-Team: Clark County Will No Longer Provide Insurance to Foster Parents

Updated: Dec 6, 2007 12:06 AM

Clark County will no longer provide insurance to its foster parents. The county's carrier dropped it following a six-figure civil settlement.

Last week, local foster parents got a letter telling them the liability and property damage insurance provided by the county would end this Friday. The insurance company, United National dropped it, citing excessive losses as the reason.

But the I-Team has learned the issue is not just the pay-outs to date -- it's the ones expected to come.

In early October, United National deposited $300,000 with the court -- a settlement in the lawsuit regarding the disappearance of Everlyse Cabrera. Everlyse went missing from her foster home last July and has not been seen since.

Her foster parents were named as parties in the lawsuit, but the insurance policy provided by the county covered them.

Sources tell the I-Team, that settlement is one of several the insurance carrier expects to pay because of other on-going litigation involving the county's child welfare system. It currently faces at least 15 lawsuits.

DFS director Tom Morton says he's exploring whether the county may be able to self-fund insurance.

"We don't really have a viable alternative at this point. We haven't been able to identify another company that offers this type of insurance so the only option is for the county to self fund something like that. We have been discussing this with George Stevens in risk management as to what alternatives might exist but don't have an answer today," said Morton.

Morton said the vast majority of foster parents carried the insurance.

The I-Team is aware of three foster parents who have asked the county to remove their children because of the potential liability. That's a tough decision for any foster parent to make. But one foster mom said though she is heartbroken at surrendering her foster kids, she just can't risk her family's financial security.
http://www.lasvegasnow.com/Global/story.asp?S=7457142

[Faith]

I-Team: Missing Girl's Parents Give Up Rights to Children

Updated: Dec 13, 2007 09:31 PM

The parents of missing three-year-old Everlyse Cabrera have surrendered their rights to her siblings.

The state had moved to have the parental rights of Marlena Alivas and Ernesto Cabrera terminated. Prosecutors claim the two are unfit parents.

Rather than let the court decide whether Olivas and Cabrera would ever get their kids back, the couple agreed to an open adoption with a foster family.

Everlyse is stilling missing after disappearing from her foster home last year. Everlyse's three brothers were placed together in another foster home shortly after she went missing. That family plans to adopt them.

"They have been bonded with the foster parents, they call the foster parents mother and father, we fought to get the newborn placed with them so they could stay together, and just looking at the overall picture they felt their kids would be better served in that home," said Gregor Mills, the attorney representing Olivas and Cabrera.

Olivas and Cabrera did not surrender their rights to Everlyse, should she be found.

The couple has filed a lawsuit in federal court against Clark County for its failure to protect Everlyse while in foster care. We're told that case is headed to mediation. Should a settlement be reached, the money could be divvied up a number of ways.

Everlyse's guardian ad litem believes any pay-out should be held in a trust for Everlyse or for her siblings.
http://www.lasvegasnow.com/Global/story.asp?S=7495806

[Faith]

Nevada Child Seekers Stress Importance of Not Giving Up

Updated: May 1, 2008 08:43 PM

http://klas.images.worldnow.com/images/8258309_BG1.jpghttp://klas.images.worldnow.com/images/8258309_BG2.jpg

Forty nine percent of parents believe that their neighborhood is safe, but children can go missing from any neighborhood. One of the most notorious cases of missing children from this area involves Everlyse Cabrera.

With the new lead in the case to find Everlyse, there is new hope that she may be alive, and this is the first real tangible lead for Everlyse in almost two years. Even if it proves that the girl is not Everlyse, it makes an important statement -- according to the Nevada Child Seekers. It says we will not give up searching.

In the days and weeks following the disappearance of Everlyse Cabrera, volunteers searched neighborhoods, parks and streets for clues. Her trail may have faded but not the spirit of those who searched.

Everlyse disappeared from North Las Vegas on June 10, 2006. Nevada Child Seekers was there that day two years ago -- and is still looking.

Stephanie Parker, Nevada Child Seekers executive director said, "We never give up. We never want to give that sense to a family that we give up, because we won't."

The non-profit has 59 open missing children cases from Southern Nevada -- each one just as important as the highly publicized ones like Everlyse.

Parker says they rely on volunteers and pass along any information they receive to police. She says time is critical when dealing with a missing child, but the more time that passes does not mean there is no chance for success.

"We still have children that have been missing for 20 years. We have had cases where children are missing for eight years and are recovered," she said.

Parker says more than 8,000 Nevada children are reported missing each year. Police say more than 200 of those kids every year are in danger.

"It's important to keep these children in the public's eye," said Parker. She adds it's important to find each one -- including Everlyse.

The Nevada Child Seekers say that every parent should have a recent photograph of their child just in case. In fact, a recent study found that more than half of parents in the nation do not have a photo of their child from the past six months for an emergency.

http://klas.images.worldnow.com/images/static/video/gfx/icon_video.gif
Nevada Child Seekers Stress Importance of Not Giving Up

http://www.lasvegasnow.com/Global/story.asp?S=8258309&nav=menu102_2

[Faith]

Two-year-old Everlyse Cabrera was reported missing on June 10, 2006 by her foster parents. They claim that Everlyse must have climbed up on a stool and opened the deadbolt lock and wandered off. Reports claim she was not wearing any shoes at the time of her disappearance. The foster parents are no longer cooperating with the investigation. Her biological parents traveled from California to Nevada to aid in the search for their missing daughter. If you see Everlyse please call the Las Vegas Police Department or 1-800-THE LOST.

The above excerpt was taken from a previous blog entry. Much has happened since Everlyse’s disappearance. Her biological parents sued the foster parents and the county and an undisclosed settlement was reached. Part of the monies have been earmarked for the continued search. The foster parents did not have to pay anything out-of-pocket because at the time of Everlyse’s disappearance foster parents were insured so the insurance company paid the settlement.

Recently, when the biological parents and the foster parents were in court there was a physical altercation between them. Everlyse’s mother was seen on camera begging the former foster parents to tell her where her daughter is and the foster parents refused to respond so Mr. Cabrera assaulted the foster father.

There are new developments in this case and Everlyse may have been found - alive.

Recently there was a drug bust at a home in Wisconsin and inside of that home there was a 4-year-old girl that authorties think could be Everlyse. Currently DNA tests are being conducted to prove or disprove any relationship.1

Authorities say the picture sent by Wisconsin authorites shows some similarities to Everylyse. The man who had the little girl could not explain how he happened to have possession. Also, he could not recall if he acquired her in Nevada or California. Another article mentioned this little girl could have been traded for drugs or has been a pawn in human trafficking. I do hope the little girl proves to be Everlyse Cabrera. It is pretty rare when a child lost that young would still be alive after two years.

http://missingandmurderedchildren.facesofthemissing.org/2008/05/03/new-lead-in-everlyse-cabrera-case/

[Roamer]

I hope it's her, but no matter who it is, the child has probably seen unspeakable horrors in her little life.

[Faith]

Nevada police await Wisconsin DNA test in missing girl case

LAS VEGAS – Police in Nevada say DNA test results could show whether a girl found in Wisconsin is a child reported missing in North Las Vegas almost two years ago.

“It's just a tip,” North Las Vegas police spokesman Mark Hoyt said Thursday. He confirmed detectives were checking whether a girl found in a home during a drug arrest last week in the Green Bay, Wis., area is the missing girl, Everlyse Cabrera.

“They sent us a photo. There are certain similarities,” Hoyt said. “We're awaiting the results of the DNA test. We're hoping its her. If not, we're going to keep going.”

Cabrera, who was removed from the care of her birth parents following allegations of illegal drug use, was reported missing June 10, 2006, from the home of a foster family.

The foster parents, Manuel and Vilma Carrascal, told North Las Vegas police they believed the girl let herself out of the house during the night. They refused follow-up police interviews and have not been charged with a crime.

Hoyt said the man held in Wisconsin could not account for how he got the girl and told police conflicting stories about whether she was from California or Nevada.

Hoyt said he didn't know how long it would take for police in Wisconsin to get DNA test results.

The Cabrera disappearance sparked widespread searches, a review of Clark County's child welfare system, and a federal lawsuit by the girl's birth parents, Ernesto Cabrera and Marlena Olivas.

They alleged poor foster care screening, training and oversight by eight individuals and Clark County Family Services.

The Carrascals were dropped from the federal lawsuit last year, after they agreed to a $300,000 settlement paid by the county's insurer for foster parents. The money was placed in trust for the girl.

U.S. District Court Magistrate Judge Lawrence Leavitt stayed lawsuit proceedings last month against Melvin Balane, the Carrascals' adult son, after he declared Chapter 7 bankruptcy. Balane owned the house from which Everlyse disappeared.
http://www.signonsandiego.com/news/state/20080501-0759-nv-missinggirl.html

[Nut44x4]

Las Vegas Review-Journal (Nevada)

May 7, 2008 Wednesday
Private funding of DNA test in missing girl case refused

Two law enforcement agencies appear to have turned down offers to privately pay for and expedite DNA testing on an unidentifed Wisconsin girl who could be Everlyse Cabrera, a North Las Vegas foster child who disappeared in 2006.

In a Tuesday federal court hearing, attorney Dara Goldsmith, the court-appointed guardian for Everlyse, told Magistrate Judge Lawrence Leavitt that she was willing to use funds held in trust to bypass the public DNA testing backlog, which in Wisconsin is at least four months long.

That offer was extended to both North Las Vegas police and Green Bay, Wis., police, Goldsmith said.

"Both law enforcement agencies declined our offers," Goldsmith said at the hearing.

Goldsmith represents the interests of Everlyse in a civil action brought by the girl's birth parents against the child welfare system and the individuals responsible for oversight of the toddler while in foster care. Foster parents Manuel and Vilma Carrascal agreed to a $300,000 settlement and are no longer part of the case.

The settlement was paid by the insurance company that used to cover Clark County foster parents. The settlement is the source of the funding Goldsmith wanted to use to support private DNA testing of the mystery girl recently found by police in a Green Bay drug house.

North Las Vegas police spokesman Mark Hoyt denied that such an offer had been made. Even if it had been, Hoyt said it could not be accepted. The case belongs to Wisconsin police, Hoyt said. And lacking proof that the girl is Everlyse, North Las Vegas has no authority to act.

"I know for a fact that if we had a positive match, we'd send detectives there now," Hoyt said. "If the little girl said: 'My name is Everlyse,' we'd be there in a heartbeat. But we don't know who this little girl is. We can't go there. It's not our case."

Green Bay police officials could not be reached for comment on the case.

When called at her office, Goldsmith reaffirmed that the offers for private DNA testing had been made through private investigator David Groover. Groover has been retained to look into the disappearance of Everlyse, last seen by the Carrascals.

Groover confirmed Tuesday that he had made the offers of private DNA testing to both North Las Vegas and Green Bay police agencies. Goldsmith said she was even willing to pay for the cost of a North Las Vegas police officer to fly to Green Bay with the DNA sample to speed up the process of identification.

"We're trying to do our best to find her," Goldsmith said.

Leavitt noted during the hearing that the identity of the Wisconsin girl is an important element of the pending case, which is still in the discovery stage. Leavitt said it's not likely the case would go to trial until early 2009.

Last week, Green Bay police backed away from the idea that the girl they have in custody is Everlyse, a theory they developed after searching a database of missing children and finding photos of Everlyse that resembled the child they recovered. Investigators now think the girl they rescued is the child of a former inmate at a North Las Vegas women's prison.

But Goldsmith said the possibility of Everlyse being found, however slim, can't be discounted without DNA test results.

Wisconsin police said that it could take up to three months for the DNA test results in this case to become available. That's why Goldsmith wanted to speed up the process.

She's also seeking photos of the child Green Bay has in custody. To her knowledge, Goldsmith said that Everlyse's birth mother, Marlena Olivas, has not been shown a photo of the girl.

Olivas and Ernesto Cabrera retain parental rights over Everlyse, who was taken from them after they had problems with illegal drug use. Their lawsuit alleges that Everlyse was endangered by flaws in the child welfare system, including a lack of supervision of the foster home and poor screening and training of foster parents.

Everlyse was 2½ years old when she was reported missing on June 10, 2006. In their only interview with police, the Carrascals said the girl had pulled a chair up to the front door and let herself out of the house sometime between 1 a.m. and 8 a.m. She was last seen wearing a pink shirt, pink shorts and no shoes. The Carrascals have since refused to be reinterviewed. During the course of the lawsuit, they exercised their Fifth Amendment rights during deposition.

Review-Journal writer Lawrence Mower contributed to this report.

Contact reporter Lisa Kim Bach at lbach@reviewjournal.com or 702-383-0287.
http://www6.lexisnexis.com/publisher/EndUser?Action=UserDisplayFullDocument&orgId=574&topicId=100020825&docId=l:788108164&start=5

[Roamer]

The private funding could move results up four months!! Why in the world would they refuse?? It's only money, not a change of labs or anything.

[Faith]

The private funding could move results up four months!! Why in the world would they refuse?? It's only money, not a change of labs or anything.

This is opportunity they should go for!!!!

[Roamer]

I read the link, and I can't find any reason they're refusing to do this. It could help bring a child home, for goodness sakes!

The man can't even remember where he got her, so there has to be criminal activity here somewhere!

[Faith]

I read the link, and I can't find any reason they're refusing to do this. It could help bring a child home, for goodness sakes!

The man can't even remember where he got her, so there has to be criminal activity here somewhere!

YES!!!

[Faith]

http://www.amw.com/images/tab_title_latest_update.gif

Cops: Child Found In Wisc. May Not Be Missing Vegas Girl
For almost two years, the search for a missing Las Vegas girl, Everlyse Cabrera, has continued, and on May 1, 2008, it looked as though police had a promising new lead in the case. A girl recovered from a home in Green Bay, Wisn. initially piqued cops' interest as a possible match for Everlyse, who would now be 4 years old. But as information was shared, it now looks less likely that the girl from Green Bay is actually Everlyse Cabrera.

http://www.amw.com/missing_children/brief.cfm?id=39985

[Roamer]

Well, at least they took one little girl out of a bad situation due to this case.

I'm still hoping Everlyse will be found safe.

[Faith]

Well, at least they took one little girl out of a bad situation due to this case.

I'm still hoping Everlyse will be found safe.

I'm curious as to who the child is. No one has reported a child missing yet she is/was living there, she is someones daughter. How sad.

[Faith]

Green Bay Police Unsure They Have Missing Child from Las Vegas

Updated: May 2, 2008 06:59 PM CDT

By Jenn Karlman

Green Bay police now believe a missing child from Nevada is not the child they found last week.

Late Thursday morning, police told us they do not think a toddler who disappeared almost two years ago is the same girl taken into protective custody after police executed a search warrant at an Eastman Avenue apartment.

Police sent DNA samples to the Wisconsin State Crime Lab for testing.

"While we can't come out with 100 percent certainty it is not the child, our preliminary investigation leads us to believe it is not the child from North Las Vegas -- but we can't say that for a fact until those test results, and it would be remiss on our part to do that," Captain Karl Fleury at the Green Bay Police Department said.

In June of 2006, two-year-old Everlyse Cabrera disappeared from her house. Her foster parents told police she probably unlocked the front door and walked away.

News of the girl in Green Bay piqued the hope of many in Las Vegas, including police who spent the past two years following hundreds of leads to find Everlyse.

"It's tough because this is a very, very passionate, very, very frustrating case, emotional case for everybody involved," Mark Hoyt, North Las Vegas Police Department, said.

"Now we're at a point, every tip we get we check. We never push it aside," he said.

A call from Green Bay police last week that Everlyse could be here put the case back in the spotlight. Police here called saying they found a little girl and one of the suspects mentioned the girl was from California or Nevada.

"If Green Bay says 'OK, well, now we have this, things are not matching up, they're not jibing, let's find out if there's any missing kids out of Nevada.' That's what happened," Hoyt said.

But detectives are careful not to jump to conclusions.

Police say pictures of the girl in Green Bay look similar to Everlyse but it's not enough to make a match. That's won't come until test results come back from the State Crime Lab.

"DNA is the ultimate results. That's going to be the ultimate identifier as to who this little girl in Green Bay is," Hoyt said.

Green Bay police doubt the girl they found is Everlyse, but Vegas police hope science proves them wrong.

"We're passionate about this one. We really do, praying to God that this is her. We want Everlyse back, we really do, but we also want to solve every crime that we have in northwest Vegas, so it's not like we're going to push every other crime that we have aside because of this Everlyse tip."
http://www.wbay.com/Global/story.asp?S=825...mp;nav=51s7cjko

[Faith]

Wisconsin Woman Claims Child Found Is Not Everlyse Cabrera

Posted: May 2, 2008 01:08 AM CDT

Police are trying to figure out if a little girl found in Green Bay, Wisconsin is a missing foster child from Las Vegas.

Two - year - old Everlyse Cabrera disappeared two years ago from her North Las Vegas foster home.

Law enforcement in Green Bay say a toddler found during a drug raid had some physical similarities to Cabrera.

But now it appears that the child found during the drug arrest is not Everlyse.

Action News reporter Heather Klein went to Wisconsin to find out who the child is.

The unidentified girl was taken into protective custody from an apartment in Green Bay.

The woman who lives in complex claims she is the legal guardian of the girl, Mia.

Heidi says she came to Las Vegas to pick up Mia when she was only 24 hours old because Mia's biological mother was using drugs.

"She was taken away last Tuesday because my daughter was using drugs," said Terri Tangye, who claims to be the girl's grandmother.

Heidi talked to Action News only through the door that still had damage to it from the raid.

She says she is married to Mia's biological grandfather and she was asked to raise her.

Heidi denies any allegations that Mia was a payment for drugs.

Green Bay Police say as a result of their preliminary investigation they believe the child is not Everlyse Cabrera.

Police have still not confirmed if Heidi's story is true.
http://www.ktnv.com/Global/story.asp?S=8259885

[Faith]

MISSING CHILD: Police link toddler to ex-inmate
Wisconsin girl may have been born in NLV prison

By LISA KIM BACH and LAWRENCE MOWER
REVIEW-JOURNAL

Missing NLV girl might not be the mystery child found in Wisconsin, police say

The likelihood that a Hispanic child recovered from a Wisconsin drug house is missing North Las Vegas foster child Everlyse Cabrera has dimmed in the eyes of investigating authorities.

Instead, Green Bay, Wis., police now believe the girl might be the child of a former inmate at a North Las Vegas women's prison, one who gave birth in 2005 and surrendered the infant to relatives.

"Our preliminary investigation and our continuing investigation has led us to believe that she is not (Everlyse Cabrera)," Green Bay police Capt. Karl Fleury said. "But we can't say that with 100 percent certainty until the DNA evidence comes back."

DNA samples from the Wisconsin girl and from Everlyse are being tested, but police say it could take months to get the results.

In other efforts to identify the found girl, Wisconsin police are sorting through conflicting information provided by witnesses and the known prostitute with whom the child was living. In a sworn statement, Green Bay police officer Rod DuBois said that on April 22, the girl was taken from Heidi Hildahl, also known as Heidi Larios. Police then suspected drug activity at the house and now believe the child also may have been sexually abused.

One witness told investigators that Hildahl said the girl had been obtained in California by her husband, Salvador Larios, who may have traded crack cocaine to an unknown woman for the child, DuBois said in an affidavit.

When questioned by police, Hildahl told a different story.

"Heidi said that Salvador's son got a girl pregnant in Las Vegas," DuBois said in his statement. "They were users of a street drug named crank and committed crimes and were sent to prison. Heidi said the (child) was born in prison and that she and Salvador were granted guardianship by the Nevada Prison System."

Police records give the date of the unknown girl's birth as March 14, 2005. Everlyse was born Jan. 26, 2004.

The name of the birth mother is listed in Green Bay police documents as Danielle Allen. Online records for Nevada's prison system show that a Danielle R. Allen, now 26, was incarcerated at the North Las Vegas women's prison during the time in question. Allen was serving time for possession of a controlled substance for sale, a charge that originated in Washoe County.

"My understanding is that the child was born to an inmate, yes," Nevada Corrections Director Howard Skolnik said Thursday when asked about the Wisconsin case.

Skolnik could not immediately confirm the names of the inmate or the child, or details of the birth.

When an inmate gives birth, Skolnik said, the baby is usually released to a relative of the prisoner. If no relative comes forward, the infant enters the child welfare system for placement with a foster family.

In the absence of certainty about who the mystery girl is, North Las Vegas police hold out hope that the child in the custody of Wisconsin authorities could be Everlyse. The two-year investigation into the girl's disappearance has been frustrating for North Las Vegas investigators, who have yet to receive a productive lead in the case.

"We're hoping and praying it's her," North Las Vegas police spokesman Mark Hoyt said.

The foster parents, Manuel and Vilma Carrascal, told local police that Everlyse -- who was 21/2 years old when she disappeared June 10, 2006 -- let herself out of the house sometime in the night and disappeared. She was last seen wearing a pink shirt, pink shorts and no shoes. The Carrascals have since refused to be reinterviewed by police.

The theory that the Wisconsin child could be Everlyse emerged after Green Bay investigators searched a database of missing girls in Southern Nevada. North Las Vegas police were contacted after Wisconsin police found information on Everlyse's case.

"We would be remiss if we didn't contact North Las Vegas (police)," said Fleury, the Green Bay police captain. "There were a lot of similarities."

Hoyt said pictures of the girl in Wisconsin show a resemblance to Everlyse.

But Fleury said the new information is pointing police away from that.

"The family's looking for closure, and I understand that," Fleury said. "My heart goes out to them."

The important thing, he said, is that the child is out of harm's way.

The disappearance of Everlyse is at the heart of a federal court lawsuit brought on behalf of the missing girl by her birth parents, Ernesto Cabrera and Marlena Olivas. The lawsuit alleges that Clark County Family Services, the foster parents and other individuals had endangered Everlyse. The lack of training and supervision of the foster home had contributed to the toddler's disappearance, the lawsuit alleges.

Cabrera and Olivas retain their parental rights over Everlyse but have relinquished their parental rights to two siblings, who also were taken into the child welfare system. The children were taken from the couple because of their illegal drug use.

The Carrascals reached a $300,000 settlement in the matter and are no longer named as defendants.

Attorney Gregory Mills, who represents Everlyse in the federal court action, said it's rare for a missing child to be recovered in the care of strangers years after the disappearance. It's more common to see that kind of situation when a noncustodial parent takes a child from a custodial parent, Mills said.

Despite the long odds that the girl in Wisconsin is Everlyse, Mills, like North Las Vegas police, holds on to hope.

"Our primary goal has always been to find Everlyse and to not let it go," Mills said. "That's our first priority."

Review-Journal writer Antonio Planas contributed to this report. Contact reporter Lisa Kim Bach at lbach@reviewjournal.com or 702-383-0287.

http://www.lvrj.com/news/18481704.html

[Faith]

Missing Las Vegas Girl Case Takes New Twist

Updated: May 2, 2008 04:47 PM CDT

A little girl found in Wisconsin is being DNA-tested to see if she's missing foster child Everlyse Cabrera. But now police in Green Bay say they don't think it's her.

Everlyse disappeared from her foster home in north Las Vegas more than two years ago.

Just Wednesday, the Channel 8 I-Team broke the story that a child resembling Everlyse was found during an unrelated police investigation in Wisconsin.

Just one day after Green Bay police would only confirm they had an active investigation, they tell the I-Team preliminary information suggests the 4-year-old in their custody is not Everlyse.

Green Bay police tell the I-Team they found a 4-year-old girl resembling Everlyse during a drug raid. Information gathered initially indicated the adults with the child got her from Las Vegas, allegedly bought or traded for drugs.

Police now say they don't believe that is the case. But they won't reveal why.

"Our investigation is taking us into a different path. In regards to the information we received from the parties that had the child is leading us to look at different things and track down different leads at this point in time," said Capt. Karl Fleury, Green Bay police department.

DNA samples taken from the child have been sent to Wisconsin's crime lab for analysis. Police say the lab has a three month back log and that it is unlikely this case will be given priority because the child is safe.

The I-Team obtained an affidavit related to Green Bay's investigation. It details a child pornography and sexual abuse investigation that lead police to a 3-year-old little girl -- an alleged victim we'll call Sara -- not her real name.

According to the report, police found Sara with a known prostitute who says she is not her mother. The question is -- whose child is she?

According to the affidavit, a male suspect told police the prostitute claims she got the child from a woman in California who traded her for crack cocaine.

The prostitute's story may have a few holes. According to the Nevada Department of Corrections, only the family court or the Department of Family Services has the authority to determine a child's placement -- not the DOC.

So that raises questions about whether the prostitute has legal custody of this little girl. So -- could she be Everlyse? It may take several months to get DNA results from Wisconsin to definitively answer that question.

North Las Vegas police say they're exploring this lead and every other tip that comes in about little Everlyse.
http://www.lasvegasnow.com/Global/story.as...mp;nav=168XDWn7

[Faith]

Everlyse's case jolts her birth parents

The birth parents of Everlyse Cabrera were thrown into emotional turmoil by the recent revelation that Wisconsin police have recovered a young girl who might be their missing daughter.

Ernesto Cabrera and Marlena Olivas aren't granting interviews, their attorney J.D. Evans said Friday. They're just trying to cope.

"They're in shock now," Evans said. "It's Everlyse one day and the next day it's not. It's a horrible thing for them to deal with."

The possibility has dimmed that the child removed from a Green Bay, Wis., drug house last week is Everlyse, who was reported missing on June 10, 2006. Everlyse, who was 21/2 years old when she disappeared, had been placed by Clark County Family Services with foster parents Manuel and Vilma Carrascal.

The Carrascals told North Las Vegas police the toddler let herself out of the house sometime in the night, after 1 a.m. and before 8 a.m.

DNA testing is being done to confirm the identity of the unknown girl, but it will likely be months before the results are known, Wisconsin authorities said. Evans said that is time Cabrera and Olivas will spend "on pins and needles."

Green Bay police now think it's more likely that the girl in their custody was born to Danielle Allen, who was incarcerated at the North Las Vegas women's prison in 2005 on drug charges. According to Wisconsin police, Allen gave birth on March 14, 2005, and surrendered the infant to relatives of the biological father.

"The parents are praying it's Everlyse," Evans said. "And if it's not, they're praying that the girl is returned to her family."

The couple lost custody of Everlyse in part because of their illegal drug use.

North Las Vegas police spokesman Mark Hoyt said the department remained hopeful the Wisconsin girl is Everlyse, even as the possibility fades.

The North Las Vegas investigation into the disappearance of the child has been a frustrating one for detectives, who have been stymied by the Carrascals' refusal to be reinterviewed and the lack of any productive leads.

"It's one of those passionate cases that everybody (in the department) has their hands in," Hoyt said. "It's a little more emotional than just a homicide case. It's a missing 2-year-old."

The Wisconsin break has been one of the few leads in the case since Everlyse disappeared.

"If it's her, it'd be great. If not, it'll be disappointing," Hoyt said.

Nevada Child Seekers Executive Director Stephanie Parker said that about 8,000 children in the Silver State are reported missing each year. Some are runaways. Many are children at the heart of custodial battles. Most of them, Parker said, are recovered in the short-term.

But it's not unheard of for children to be recovered years after they disappear, Parker said, although the possibility of finding a missing child becomes more remote as time passes.

"It's rare," Parker said. "But it does happen."

Review-Journal writer Lawrence Mower contributed to this report. Contact reporter Lisa Kim Bach at lbach@reviewjournal.com or 702-383-0287.

http://www.lvrj.com/news/18544344.html

[Faith]

Police Piece Together Puzzle of a Little Girl

Updated: May 6, 2008 06:32 PM CDT
By Jenn Karlman

A little girl found in a suspected drug house in Green Bay two weeks ago is still without parents.

The case made national headlines when local police thought the girl could be Everlyse Cabrera, a toddler who disappeared from a North Las Vegas foster home two years ago.

Vegas police say pictures of the girls are similar, but last week Green Bay police said after further investigation they don't think the girl found in the house is Everlyse.

The Wisconsin State Crime Lab is testing Mia's DNA to compare it to the missing Nevada girl. Police do not know when those results will come in.

That means they still have to figure out who the girl found during the drug bust is and find her parents.

Green Bay police describe this case as a puzzle.

Clues that may help them find the girl's parents are in the search warrant. She's called Mia, and when police raided her house nearly two weeks ago they found cocaine, needles, and child pornography.

Witnesses told officers Mia might have been sold for drugs.

"As you get deeper and deeper in a case you find different things, and that's what's happening here. We find different things as we get into the case. That gives us more leads we have to follow, more people we have to talk to, so that takes time," Captain Karl Fleury, Green Bay Police Department, said.

Police say they feel comfortable taking their time now that Mia is out of that house.

"I think the big emphasis is the fact that the little girl is safe and sound and she's being cared for, she's not in any danger, and that's the main concern and the main issue here," Fleury said.

The little girl is in child protective custody. We do not know if she's with a foster family.

Local social workers say nearly 90 percent of their cases are neglect, like Mia, and that more and more children are coming from drug houses.

"They come with night terrors and food hoarding behaviors, security issues, extreme acting out behaviors, because that's the only way their needs were met in their home," Brown County social worker Mina Teske said.

What exactly happened in Mia's home is still up to police to figure out.

Fleury says he wants to make sure he has all the pieces before making any arrests.

"It's like a puzzle, putting together all the pieces and trying to determine and investigate," he said.

http://www.wbay.com/Global/story.asp?S=8274455

[Faith]

DNA Tests Reveal Wisconsin Girl Not Everlyse

Updated: July 16, 2008 10:22 AM

The Channel 8 I-Team has learned that DNA tests confirm a little girl found in Wisconsin is not missing local foster child Everlyse Cabrera.

Earlier this year, police in Green Bay, Wisconsin found a toddler who resembled Everlyse during a drug raid.

According to North Las Vegas police, genetic testing proves the girl is the daughter of a former Nevada inmate who surrendered her baby to family friends.

Everlyse went missing from her foster home more than two years ago. Anyone with information about her disappearance should call the North Las Vegas police department.

http://www.lasvegasnow.com/Global/story.asp?S=8684446&nav=menu102_2

[Nut44x4]

Child Found in Green Bay Isn't Missing Las Vegas Girl

Updated: July 17, 2008 02:25 PM EDT
Green Bay police confirm a young girl found in a suspected drug house last April is not a missing girl from Las Vegas.

Thursday, Green Bay police announced DNA tests on the little girl identified as Mia don't match the DNA of Everlyse Cabrera, who disappeared from North Las Vegas in 2006.

Police investigated whether the two cases were connected because the two girls' pictures were very similar, and, according to a search warrant, a woman taking care of Mia told police the child was given to her husband in California in exchange for crack cocaine.
http://www.wbay.com/global/story.asp?s=8692513

[Faith]

Child Found in Green Bay Isn't Missing Las Vegas Girl

Updated: July 17, 2008 02:25 PM EDT
Green Bay police confirm a young girl found in a suspected drug house last April is not a missing girl from Las Vegas.

Thursday, Green Bay police announced DNA tests on the little girl identified as Mia don't match the DNA of Everlyse Cabrera, who disappeared from North Las Vegas in 2006.

Police investigated whether the two cases were connected because the two girls' pictures were very similar, and, according to a search warrant, a woman taking care of Mia told police the child was given to her husband in California in exchange for crack cocaine.
http://www.wbay.com/global/story.asp?s=8692513


How very sad any mother would give her child away for any reason. :groan:

I wonder if they've found the birth mother?

[Faith]

Private Investigator Hired to Find 3-Year-Old Everlyse Cabrera

Updated: Nov 28, 2007 07:19 PM

The search for a missing three-year-old will get some new resources. A judge has authorized the hiring of a private investigator to find Everlyse Cabrera.

The Channel 8 I-Team has spent more than a year investigating this case, and we like any opportunity to put Everlyse's face back in the news.

The now three-year-old girl disappeared from her foster home in Jun. of 2006. Leads to her whereabouts dried up shortly thereafter. But now, her court appointed guardian ad-litem plans to re-energize the investigation.

Dara Goldsmith filed a motion in federal court to hire Private Investigator David Groover.

Groover has been involved in many high-profile cases of late, including the probe into assault allegations lobbed by cocktail waitress Chrissy Mazeo against Governor Jim Gibbons.

A judge authorized Goldsmith to use a portion of a legal settlement to hire Groover. The funds, $300,000, have been deposited with the court paid by the foster family's insurance company.

The court has not yet decided how to divvy up the bulk of those funds.

Goldsmith received $20,000 to hire Groover. She also left the door open to ask for more if necessary.

Groover told the I-Team he has not yet begun to investigate but plans to start soon.

And as always, if anyone has information about the disappearance of Everlyse Cabrera, they can contact the North Las Vegas Police Department, or let us know.

http://www.lasvegasnow.com/Global/story.asp?S=7423742

[gabby]

Everlyse is still missing and I couldn't find any updates. :(

[Faith]

I-Team: Settlement Reached in Missing Girl Case
Updated: Jun 25, 2009 10:32 PM CDT

A settlement has been reached in the civil lawsuit surrounding the disappearance of a 2-year-old foster child. The natural parents of Everlyse Cabrera sued Clark County when their daughter went missing from her North Las Vegas foster home three years ago.

http://klas.images.worldnow.com/images/10599071_BG1.jpg

Not long ago, Everlyse's mom said she wasn't sure she'd ever settle. Marlena Olivas wanted a trial, she claimed, to expose Clark County's failure to protect her little girl. But after intense negotiations, the parties reached a $500,000 deal with $250,000 earmarked for Everlyse, should she be found alive on or before her 25th birthday. If she is not, the money is returned to the county.

Some remaining funds will be distributed to her little brother Benjamin, who shared the foster home with Everlyse, and to her biological mom and dad. Benjamin stands to receive $35,000. Her parents get $22,000 each.

The settlement also provides for a scholarship fund in Everlyse's name, a reward for information about her disappearance, and monies to continue the private investigative effort to find her.

The agreement releases Clark County from any future claims and its employees do not have to admit any wrongdoing. "The most important thing for my perspective is not necessarily a punishment for the county, but to take care of Everlyse. So my concern was not seeing that the county had to turn over the money and had to risk losing that money, but realistically that if Everlyse is found there's going to be money to provide for her," said Everlyse's guardian ad litem Dara Goldsmith.

Before a judge can formally approve the settlement, it must be accepted by the Clark County Commission.

A second battle is brewing over a $200,000 payout from Clark County's foster parent insurance carrier. Those funds are not part of the negotiated agreement.

Anyone with information about the case, no matter how small, is encouraged to share it with the National Center for Missing and Exploited Children (http://www.missingkids.com/missingkids/servlet/PubCaseSearchServlet?act=viewChildDetail&caseNum=1046382&orgPrefix=NCMC&seqNum=1&caseLang=en_US&searchLang=en_US) at 1-800-THE-LOST or James Conklin with ExFed Investigations (Jconklin2@cox.net) at (702) 204-7654.

http://www.lasvegasnow.com/Global/story.asp?S=10599071

[Faith]

New Focus on 3-Year-Old Missing Child Case
Updated: Jun 09, 2009 7:42 PM CDT

From his home office, Private Investigator Jim Conklin pieces together the details of a disappearance from a house not unlike his own, the last place anyone saw little Everlyse Cabrera in foster care in June of 2006.

http://klas.images.worldnow.com/images/10505622_BG3.jpg
Manny and Vhee Carrascal

http://klas.images.worldnow.com/images/10505622_BG2.jpg
Age Enhanced Picture of Everlyse Cabrera


"I just don't think it's possible that a young child, just 2-years-old, would be able to walk out of that situation. I think somebody took her from that situation," he said.

Everylyse's foster parents, Manny and Vhee Carrascal, speculated to police that Everlyse used a stool to unlock the front door and wander out during the night. That day three years ago was the last time the couple, and their adult son Melvin Balane, cooperated with the investigation.

So when Conklin's initial canvas of the neighborhood revealed the house had changed hands, he contacted the new owners for permission to investigate the property. "When she disappeared, nobody saw anything or heard anything, so the thought was perhaps she had been murdered and buried in the backyard or the grounds surrounding the house. So we felt the primary thing was to search that," he said.

With assistance from the North Las Vegas Police Department and the National Center for Missing and Exploited Children, investigators recently surveyed the home using cadaver dogs and ground penetrating radar -- tools not available during the original forensic examination of the property.

"Unfortunately, there was nothing striking that came out of it," said North Las Vegas Police Sgt. Tim Bedwell. "At this point, we really have to hope that someone involved in this disappearance has some feelings of guilt or someone that knows the person or persons that were involved in this comes forward with some information."

Bedwell hopes the passage of time may loosen some tongues as he again pleads for information about Everlyse. She would now be 5-years-old.

"It just tears at your heartstrings to know this child has been missing for three years and there is not one answer as to what happened to her," said Conklin.

Conklin continues to work the case. He hopes a fresh perspective will help finally bring her home. "I'll keep at it until we get a solution," he said.

The attorney appointed to represent Everlyse's best interests hired Conklin. He's being paid with settlement money from a Clark County insurance policy covering the Carrascals.

Anyone with information about the case, no matter how small, is encouraged to share it with the National Center for Missing and Exploited Children (http://www.missingkids.com/missingkids/servlet/PubCaseSearchServlet?act=viewChildDetail&caseNum=1046382&orgPrefix=NCMC&seqNum=1&caseLang=en_US&searchLang=en_US) at 1-800-THE-LOST or James Conklin with ExFed Investigations (Jconklin2@cox.net) at (702) 204-7654.


Contact Investigative Reporter Colleen McCarty (cmccarty@klastv.com)


http://www.lasvegasnow.com/Global/story.asp?S=10505622
(cmccarty@klastv.com)

[Faith]

Vigil Held For Missing Girl (http://www.lasvegasnow.com/Global/story.asp?S=5031096)
Foster Parents of Missing Toddler Uncooperative (http://www.lasvegasnow.com/Global/story.asp?S=5014661)
No New Leads in Missing Toddler Case (http://www.lasvegasnow.com/Global/story.asp?S=5026831)
Carrascal Foster Home Case Review Continued (http://news.eyewitnessnews8.com/documents/carrascalfosterhome-casereview%20continued.pdf)
Case Review: Carrascal Foster Home (http://news.eyewitnessnews8.com/documents/CarrascalFosterHome-caseReview.pdf)
Child Protective Services Report: Missing 8 Pages (http://news.eyewitnessnews8.com/documents/DFS-Report-Missing%208%20pages.pdf)
CPS Report: Glossary of Acronyms (http://www.lasvegasnow.com/Global/story.asp?S=6013538)
Blue Ribbon Panel Reviews Child Deaths (http://www.lasvegasnow.com/Global/story.asp?S=6012977)
Las Vegas Mystery: Little Girl Lost (http://www.lasvegasnow.com/Global/story.asp?S=6024680)
Las Vegas Mystery: Little Girl Lost, Part 2 (http://www.helpfindthemissing.org/forum/Las%20Vegas%20Mystery:%20Little%20Girl%20Lost,%20P art%202)

[texanne]

Just a heartbreaking story that haunts me. These tiny, innocent children with so little protection. Both the parents and the child protective services both failed to do their job. And where is this child? Someone knows.......

[annalyzer]

http://www.charleyproject.org/cases/c/cabrera_everlyse.html

http://www.missingkids.com/missingkids/servlet/PubCaseSearchServlet?act=viewChildDetail&orgPrefix=NCMC&seqNum=1&caseLang=en_US&searchLang=en_US&caseNum=1046382