Nubia Barahona Case: Was Gruesome Death of Florida Girl in Foster Care Preventable?

April 21, 2011— -- Florida's top child welfare official, David Wilkins, admitted his department mishandled the foster care case surrounding the gruesome murder of Nubia Barahona, a little girl whose body was found decomposing in a garbage bag in a pickup truck.

In an interview with "Nightline" anchor Cynthia McFadden, Wilkins, secretary of Florida's Department of Children and Families, said there were "failures" in his department's protection of the Barahona twins.

"We made a lot of mistakes in the process," he said.

DCF has come under scrutiny for failing to remove 10-year-old Nubia Barahona and her twin brother Victor Barahona from the care of their adoptive parents, Jorge and Carmen Barahona, despite a series of warning signs that abuse was occurring inside their home.

On Feb. 14, 2011, Nubia was found dead and Victor was found severely burned inside of a red pickup truck pulled over to the side on I-95 outside of West Palm Beach, Fla.

Thomas Butler, a transportation worker, called 911 after spotting the truck and discovering the grisly scene. Butler said that, at first, all he saw was a young boy sitting inside the truck.

"Soon as I opened the door, I got hit with this: I don't know what it was, but it wasn't right," he said. "It was some type of odor."

Victor Barahona had been doused with chemicals, was covered in burns and was convulsing. The fumes were so strong that four of the emergency workers called to the scene later needed medical treatment.

"It was like an uncontrollable shiver, you know?" Butler said. "He was just shaking and shaking and shaking."

Jorge Barahona, 53, has since been charged with attempting to murder Victor. He and his wife Carmen, 60, have both been charged with Nubia's murder. Prosecutors announced last month that they will seek the death penalty for both adoptive parents. Both have pled not guilty.

Authorities believe the twins were subjected to years of abuse culminating in a torture session that ended with the girl's death just one day after DCF case worker Andrea Fleary visited the home. During that Feb. 10 visit, Fleary said she spoke with Carmen Barahona, who told her that she and her husband had separated, and that the twins were living with him, because he had flexible work hours and was supervising their home schooling. Barahona later admitted to having lied.

Fleary also said she tried to reach Jorge Barahona, but believing that the children were not living in the home, she filled out an assessment dated Feb. 11, describing the home as safe and did not call police.

Fleary has since been dismissed by DCF -- a decision she is appealing. Her lawyer told ABC News that she was being used as a scapegoat in the case.

According to Jorge Barahona's arrest warrant, "On Feb. 11, 2011 in the presence of [Victor], the defendant removed [Nubia] from the bathtub while her feet and hands were still bound and took her to the [Barahonas'] bedroom. The defendant repeatedly punched and beat [Nubia] about her body while she screamed and cried until she was dead."

David Lawrence, a children's advocate and chairman of the Children's Movement of Florida, was a member of the three-person independent investigative panel appointed by the state to hear testimony last month about what happened to the Barahona children.

The panel's report, released in March, cited "fatal ineptitude" by the Florida Department of Children and Families. Lawrence called Nubia's death "preventable."