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Michael Lima (left) and Javier Cortes looked at a book about 10-month-old Josiah Pacheco in New Bedford yesterday.
Michael Lima (left) and Javier Cortes looked at a book about 10-month-old Josiah Pacheco in New Bedford yesterday. (Essdras M. Suarez/ Globe Staff)

DSS role in child's family defended

New Bedford baby died from injury

The Department of Social Services defended yesterday its monitoring of the family of a 10-month-old New Bedford boy who was apparently shaken to death last weekend, saying that social workers were not aware that the mother's boyfriend had moved into her apartment.

Commissioner Angelo McClain said the agency became involved with the mother's family last December when she was the victim of domestic violence at the hands of her young son's father, who later moved out.

McClain said social workers still checked on the family regularly, conducting their last home visit in early July. He said DSS never saw signs that the child, Josiah Pacheco, and his 4-year-old half-sister had been physically abused.

DSS workers were unaware, he said, that Manuel Antonio Torres Lopez, who was charged this week with assault and battery in connection with Josiah's death, had moved into the Deane street apartment with the infant's mother, Jennifer Serrano.

"He was not present during any of our visits, and we had no knowledge of his involvement with the family," McClain said in a telephone interview. "I think that what went wrong was that this individual was left to care for this child and he abused him. . . . We had provided the services that were needed. If in fact this guy just did move in, that was sort of without our knowledge."

In a brief interview as she was returning to her New Bedford home, Serrano lashed out at the 28-year-old Lopez and her neighbors in the rambling apartment building.

"Not only should he be hung, but so should the neighbors," she told the Globe. "They didn't do anything. They deserve to be held up for murder."

Serrano, who was at work on Saturday afternoon when her child was fatally injured, added: "I just want justice. That baby was innocent."

Serrano told police that Lopez moved in with her two months ago, according to court records. DSS has taken temporary custody of Serrano's daughter.

Mayor Scott Lang of New Bedford called the child's death "gut wrenching" and said authorities should investigate his mother and anyone who had access to the infant. He said Lopez, who was awaiting trial on drug charges, was not the type of person who should have been left caring for an infant.

"I can tell you now that anyone in that household should be looked at very closely," he said. "We have a little baby boy who is dead. It seems everyone in that household has an awful lot of time to sit down and explain, day by day, minute by minute, what went on in that household."

According to a police report filed in New Bedford District Court, Serrano went to work at 10 a.m. Saturday, leaving Lopez to care for the children. She called home at 1:50 p.m. and heard the infant making normal sounds.

The child's aunt, Felicia Pacheco, left around 1:20 p.m. and told police she did not "notice anything abnormal about [the infant's] health or demeanor."

Police said Lopez called at 2:13 p.m. to report the infant had stopped breathing. He later told police that he gave the infant a bath and that the child might have slipped and hit his head.

Lopez told police that he put the child in his bedroom and then left the room. When he returned, he said, the child was not breathing. He flipped the child over and the infant vomited. He then called 911 and insisted to police he did not harm the baby, according to the police report.

The child was rushed to a New Bedford hospital and then transferred to Hasbro Children's Hospital in Providence, where he was put on life support. He was taken off life support Tuesday, and his organs were donated, officials said.

Lopez has pleaded not guilty in New Bedford District Court to assault and battery on a household member and assault and battery on a child causing serious injury. He was ordered held without bail. He also had his bail revoked on an outstanding cocaine trafficking charges filed in June, officials said.

Police and Bristol County District Attorney C. Samuel Sutter's office said that the child appeared to be a victim of shaken baby syndrome and that an autopsy was to be performed this week.

Jetta Bernier, executive director of Massachusetts Citizens for Children, said there are shaken baby syndrome prevention programs operating in hospitals in Worcester and Hampden counties. The program teaches mothers to carefully select caregivers, she said. Bristol County has no comparable program.

"This is a kid that could have been saved," she said. "I think this child could have been saved if we had been able to educate this mother."

McClain said social workers may have talked with Serrano about how to protect her infant from shaken baby syndrome, but added that social workers do not routinely have that conversation with clients.

John Ellement can be reached at ellement@globe.com.  

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