HENRICO COUNTY, Va. (WRIC) -- A one-month-old died from cocaine toxicity even after Child Protective Services was notified she was born with substances in her system. Baby L. C. died in June at a motel in Henrico. Her parents are now both charged with homicide.   On Sept. 30, the Office of the Ch ief Medical Examiner confirmed to 8News that L. C. died from cocaine toxicity and that the manner of death was homicide. Court documents state she was born with "high amounts of cocaine in her system." That's something medical professionals are required to report to CPS within 24 hours. But the agency’s 45 to 60 day investigation process may have been too long to save her life.  Three people, including the baby’s parents –– 30-year-old Ashton Marie Leeper and 47-year-old Derrick Dwayne Carter –– have been charged in connection with her death. At about 1 p.m. on Monday, June 29, officers with the Henrico County Police Division were called to the Motel 6 on Williamsburg Road for a report of a medical emergency. When officers arrived, they found baby L. C. unconscious and not breathing. This is the kind of case the Office of the Children's Ombudsman (OCO) investigates when a child dies, abuse or neglect may have played a factor and the child was known to CPS.  The office assesses what the local CPS agency knew at the time and why they made decisions they did. They then provide the agency with recommendations to prevent a similar occurrence. OCO doesn't have the authority to enforce anything, but if it gets to a point where issues are repeatedly arising at an agency, they can go to local or state officials to shine a light on it. Eric Reynolds has been the director since OCO officially opened in 2022. On top of investigating certain types of child death, they investigate the well-being of children in the foster care system and adoptive homes. They question if the law, regulations and policies are being followed, and that the agencies have the tools to do so. In fiscal year 2025 (July 1, 2024 through June 30, 2025) the OCO was notified by CPS of 10 substance exposed infants who later died. A significant amount of the cases they investigate are for children six months or younger, like baby L. C.    “Why are we having so many of these kids that age group, that very young birth to six months, becoming child fatality cases when we knew about them when they were born because they were substance exposed? What are we doing, what are we not doing to make sure these children are safe?" Reynolds said.  He said consistency is a challenge. There are 120 local CPS departments statewide, and they don’t interpret or implement policy the same way.   "It’s the ones where we have the minimal work being done; those poor assessments where it’s just the bare minimum of effort. Those are the children that I worry about because those are the ones coming back as child fatalities," Reynolds said.   He said it’s the same for some medical professionals who differ on when and what to report. Different factors can be taken into account, like the parents’ demeanor with the baby, if the parent is impaired and toxicology results. Even the way hospitals run toxicology tests can differ. "I’m aware of some hospitals on the western part of the state where they don’t do any toxicology screens on the infant at all without consent of the parents. I think that’s kind of dangerous," Reynolds said.   He said some hospitals test every infant, and that generally speaking, the hospitals in central Virginia are good at testing and reporting substance exposed infants. Reynolds said a good way to bring the number of substance exposed infants down is through pre-natal care. While he recognizes some pregnant women are scared of receiving care if they’re using substances, he believes it's a path to getting treatment. A "plan of safe care" between medical providers and the parents can give mom the support she needs so there’s a safe place to go home to once the baby is born. Then, even if the baby tests positive for substances after birth, CPS can review how the plan of safe care is going and determine if the baby is in a safe place. “Separation and removal of that child from the home is the last thing we want to do because we know how important that bonding that takes place in those early days of that child’s life, how important that is, and we don’t want to interrupt that unnecessarily. But we do have an obligation to make sure that child is safe," Reynolds said.   More consistent practices could save lives.  “I want those numbers of kids that are dying that are substance exposed that are dying before they’re age six months, I want that number to go down.” Butted “they deserve recognition of that they endured because the system failed them.”  Baby L. C.'s parents, Ashton Leeper and Derrick Carter, were charged with homicide and child neglect. According to court documents, the parents’ friend –– 53-year-old Christina Anne Snead of Henrico –– was charged with accessory after the fact of homicide. They're all due back in court in October. ...read more read less