Adoptive mother of missing Fayetteville siblings loses battle to keep control of mom's care

Despite the impassioned pleas of Leonie Maxwell's daughter, Avantae Deven, a judge on Thursday granted an emergency petition giving the Cumberland County Department of Social Services control over medical decisions for the gravely ill 95-year-old whose two adopted grandchildren have been missing for years

"She's in a fragile state," Judge Cull Jordan said in granting the DSS motion at the end of a mostly closed civil court hearing."A missed phone call could mean life or death. The court cannot take that chance"

The judge's ruling followed a mostly closed District Court hearing at which Deven and her attorney were present, as well as counsel for DSS and a guardian ad litem to advocate for Maxwell's best interests.

Maxwell's daughter, Deven, 61, is at the center of both control over her ailing mother's medical care and an investigation into the disappearances of two of Deven's adopted children.

Blake, now 17, and London, now 27, were both recently reported missing though Deven told authorities she hadn't seen them in years. Blake was last seen in 2022 and London in 2019, according to Fayetteville Police Department records.

In a call to 911 on Jan. 19, Deven told dispatchers she last saw her adopted son, who would have been 15 at the time, as he was leaving for a Buddhist retreat.

March 20 call to 911

Blake was listed as a runaway for months, but on March 20, police were called to the home for a suicidal subject.

In the March 20 call to 911, a 15-year-old boy — presumably another of Deven's adopted children — tells the dispatcher he wants to harm himself.

"My brother, he's been punching me and teasing me all day and right now I'm feeling very suicidal," the teen said.

"Is anyone in danger right now?" the dispatcher asked.

"No— except for me," the boy replied.

"OK, How do you plan to kill yourself?" the dispatcher responds.

"I was planning on taking some pills from my mom and taking them," the teen said.

Eight days later, police issued a news release stating: "While conducting interviews in a separate police investigation, several members of Blake's family reported they have not seen him in several years."

Then, seven days after announcing Blake was missing, authorities said London was also missing.

Officials announced on April 12 that human skeletal remains were found during the search for the missing siblings. Police would not say when and where the bones were recovered but revealed that Deven's current Berriedale Drive home and her previous home on Eichelberger Drive were among at least four locations searched.

The identity of the remains is pending results from the Office of the Chief Medical Examiner, officials said.

As the investigation continues, Police Chief Kemberle Braden has urged the public to report any interactions with the missing children or the Deven family since they arrived in Fayetteville in November 2016.

Maxwell's Custody Hearing

Among the reasons for asking the court to issue the emergency order, DSS stated in its motion that there had been discussions of whether Maxwell was in need a DNR, also known as a "do not resuscitate" order. Such an order, under North Carolina law, allows a patient or patient representative the "right to withhold cardiopulmonary resuscitation and other life‑prolonging measures to avoid loss of dignity and unnecessary pain and suffering."

The motion also notes the need for an emergency order exists because "FBI agents have been to (Maxwell's) hospital room to question her with regard to her daughter/current caregiver's children and their mysterious disappearance."

The Department of Social Services stated in the motion that Cape Fear Valley Medical Center had been unable to reach Deven to discuss "necessary medical decisions" for her mother who was on a ventilator and feeding tube in the hospital intensive care unit after suffering a stroke and resulting brain injury in November.

While the evidence presented Thursday happened while the courtroom was closed to the public, the judge reopened the court for final argument and recounted the facts before handing down his decision giving DSS control.

Jordan said the evidence showed that Maxwell was hospitalized after her stroke and was discharged to her daughter's home in February. Eleven days later, Maxwell was readmitted to the hospital and put into the ICU with pressure wounds, swelling, dehydration and sepsis from a urinary tract infection. DSS has said that Maxwell was nonresponsive and unable to communicate.

Jordan said the hospital had tried repeatedly to contact Deven concerning her mother's care but was unsuccessful.

The judge noted that Deven said the hospital had difficulty reaching her because she was forced to stay at a hotel for days as police conducted at least four searches at her Berriedale Drive home. She was also forced to turn over her cellphones, the judge said. He said Deven claimed that her mother's grave condition was the fault of an in-home healthcare nurse who fell asleep on shift.

Deven, who was animated throughout the ruling, expressed displeasure with the judge's decision and tried to persuade him to reconsider.

"I am 100% available right now. I will be (at the hospital) every day," she told Jordan. "I will have my phone on my chest."

"I've done everything. I'm very competent to take care of my mother."

But Jordan was unswayed, noting that the investigation into the missing family members would take away from Deven's ability to make decisions for her mother.

Public safety reporter Joseph Pierre can be reached at jpierre@gannett.com.

This article originally appeared on The Fayetteville Observer: Mom of missing Fayetteville kids loses court battle over mother