When El Paso County Department of Human Services removed Marina Flake’s son from her care last summer, she was told it was because the then-10-year-old boy needed to be in a safer environment — an environment the state promised to provide in the foster care system.
The foster father with whom Flake says her son was placed — Aurora resident Brian J. Zielke — has been sitting in the Adams County jail since July 23, facing 15 felony charges of sexual exploitation of a minor and two felony counts of attempting to influence a public servant, according to the Colorado Bureau of Investigation.
Recommended Stories
Zielke, 38, has a history of alleged child sexual abuse and domestic violence in Canada, and in recent years reportedly faked his death, ended up in Colorado and went on to become an approved foster parent, shows an affidavit The Gazette obtained from the Aurora Police Department.
Flake says her preadolescent son is one of Zielke’s child victims. Multiple documents and email exchanges reviewed by The Gazette back up her claims.
“I was homeless and probably should have asked for help a whole lot sooner … but I love my son, and he loves me,” Flake said. “They took him and put him in a place with a sexual predator. How is that better or safer?”
Flake had been evicted from her apartment and was living in her truck in a parking lot in July 2025 when police hand-delivered a notice that said she was guilty of “deprivation of immediate needs” and that her son would be better off under the care and guardianship of others while she worked on improving her life.
Flake, 33, disputes such descriptions, but not that their living situation was in flux — or that she pushed back. As her son was taken away, she lashed out and was arrested for resisting the plan.
“I was just living in poverty; I was struggling,” she said. “Living in poverty is not a reason to take anyone’s kid.”
Flake said she was told there were no placements available for her boy in El Paso County, so on July 23, 2025, he was sent to a foster home in Castle Rock.
About six weeks later, Flake learned that her son had been removed from that home in an undefined “emergency situation” and moved to a foster home in Pueblo.
Hints of what had happened appeared later in court documents she received while she was incarcerated for an unrelated personal legal case.
She didn’t know the full extent until a scheduled visit with her son months later, when she said he finally spoke reluctantly, painfully, about the abuse he’d experienced. She’s now pursuing a civil lawsuit.
“The (things) my son told me that that dude was making him do, and that he was doing to my son, is … disgusting. It breaks my heart I couldn’t protect him from that … but they should have,” Flake said.
After talking with her son’s guardian ad litem, Flake reported what she’d heard to the state’s Child Abuse and Neglect Hotline.
“As this was a delayed disclosure with no imminent risk of safety to the child due to no ongoing contact with Brian Zielke, I’d strongly suggest that no one discusses this with (the child) any further until we can arrange to have him forensically interviewed,” recommended Det. Dan DeGennaro of the Castle Rock Police Department, in a July 31, 2026, email exchange with child welfare workers, Flake and Flake’s legal representation at the time.
Child welfare officials conducted that forensic interview a few weeks later. Flake said she’s now waiting on further court action.
Child porn images traced to Zielke
A July 22 affidavit submitted by Aurora police to Adams County Court speaks to the complexity of the unusual and unfortunate case that spans not only several Colorado counties but two countries.
In May, an Aurora police detective who’s on a federal task force for Homeland Security Investigations and works with the Colorado Cyber Guardian Task Force received a referral from the Colorado internet Crimes Against Children Task Force: five images depicting possible child pornography had been flagged.
An investigation traced the photos to Zielke’s online activity at the address where he lived in Aurora.
The images showed a naked prepubescent boy with his penis exposed to the camera, with a diaper on and other graphic photos.
Nine other cyber tips associated with Zielke also had been reported, the detective noted.
In all, law enforcement found 2,000 images on Zielke’s Google account of young boys, ranging in age from an estimated four to 10 years old, in compromising positions.
The Aurora police investigation identified 60 photos as “consistent with depictions of children under the age of 18 years old engaged in sexual acts and/or poses and believed to be child pornography,” the affidavit says.
Many emails the detective mentioned included language referencing the different foster children that had stayed over at Zielke’s home, along with “numerous emails from Brian asking to have certain kids come to their house to see if they would be a good fit for their family.”
Zielke flees Canada to States, fakes own death
Zielke’s wife, Rochelle, requested an emergency welfare check on Zielke in March at the Aurora home and told police he had a pending domestic violence case in Canada.
The Zielkes had lived in Canada and in 2023 became foster parents there. In 2024, a boy under the couple’s care reported to authorities that Brian Zielke had sexually assaulted him, the affidavit from Aurora police states.
The boy told law enforcement that Zielke forced him to wear a diaper and would not allow him to use the bathroom but rather relieve himself in the diaper.
“Brian also would show (the boy) his penis and told (the boy) he wanted him to touch his penis,” according to the affidavit from Aurora police.
Canadian authorities charged Zielke with sexual assault on a child, the document states.
But Zielke subsequently fled across the border to Michigan, where he “faked his own death,” according to the Aurora affidavit. A death certificate from a hospital was sent to police in Canada, and police there acknowledged his death, the affidavit says.
When Zielke later crossed the Canadian border from the United States, police were notified that a reportedly deceased person was entering Canada.
Canadian police arrested Zielke, but because he is an American citizen, despite pending charges, he wasn’t in custody for long.
He was “kicked out of Canada and not allowed to come back,” according to the Aurora police affidavit.
He relocated to Michigan, where he attempted to become a foster parent with two different agencies, but was rejected.
“Those agencies called Canada and learned about the charges against Brian, so he was never allowed to become a foster parent in Michigan,” the affidavit states.
Brian and Rochelle Zielke then moved to Castle Rock, where Brian “was able to become a foster parent in Colorado and had two children assigned to him,” according to the affidavit.
The detective said while only two foster boys were assigned to the Zielkes, “There have been multiple other children that have stayed over at their house for a short period of time.”
Three children rescued from Zielkes in Castle Rock
Meanwhile, back in Canada, a relative of the Zielkes was being investigated by Child Protective Services for possible child abuse or neglect.
In the midst of the case, the relative drove her minor daughter from Canada to Colorado to live with Brian and Rochelle Zielke. When Canadian police traced the whereabouts of the child and discovered the child was staying with an accused child sex offender, red flags turned into action.
Child Protective Services in Canada called Child Protective Services in Douglas County about Zielke’s criminal charges in the nation to the north and expressed concerns about his regaining foster parent privileges in Castle Rock.
Colorado authorities removed the two foster boys and the relative’s daughter from the Zielkes’ care. The couple subsequently moved to Aurora.
In reviewing the Zielkes’ application to become foster parents, authorities in Castle Rock determined the couple had lied on the paperwork, the affidavit states.
That resulted in felony charges against the Zielkes from Douglas County, on suspicion of attempting to influence a public servant.
Brian Zielke is being held in Adams County on a $250,000 bond with another $60,000 cash surety bond for the Douglas County Sheriff’s Office.
Court documents in his legal case are not available for public viewing.
Sojourn through foster homes for Flake’s son
Colorado law does not allow the Division of Child Welfare within the Colorado Department of Human Services, or any county departments of human services, to share information about specific cases or confirm whether a family is involved in Colorado’s child welfare system, said Julie Popp, spokesperson for the division.
Names are redacted from the police affidavit, so it is unclear if some of the images referenced are of Marina Flake’s son or what the boy’s exposure to alleged sexual abuse might have been.
For the past year, Flake’s son has been in and out of several foster homes in the region, from Littleton to Pueblo to Fort Collins, which has involved several child placement agencies, though the alleged abuse is identified as only occurring in Castle Rock.
Homelessness alone is not a reason for a parent to lose custody of a child, said Amber Biss, deputy director of Children, Youth and Family Services for the El Paso County Department of Human Services.
Removal decisions are based on concerns for a child’s safety and whether applicable thresholds are met, she said. Those could include such needs as food, medical care and education.
Flake said DHS caught her at rock bottom that day last July — she was desperately ill with a stomach bug. She knows it didn’t look good.
“I’m in the truck, ‘splayed out’ and it smelled of vomit — of course it did, I was sick as a dog,” Flake said. “But we actually had a camper we were working on, my son was happy and healthy … it was just a really bad day that they happened to show up. And then it got worse.”
Popp cited privacy laws for not providing statistics about how many confirmed or alleged child sexual assault cases occur in El Paso County or statewide.
“With such few incidents, we cannot share these figures without risking the identification of the individuals involved,” she said.
Foster care system has many checks and balances
Anecdotally, child sex abuse at the hand of foster parents is rare, said subject matter expert Lee Oesterle.
National statistics also are sparse, but some studies estimate up to 4% of foster children experience sexual abuse while in foster care.
Oesterle believes cases are declining due to new laws and strengthened protections embedded in the process.
Keeping kids safe is the top duty of Child Protective Services, state and local DHS officials say,
“Reports of suspected abuse or neglect are screened in accordance with Colorado law to determine the appropriate response,” El Paso County DHS said in an email. “When warranted, child welfare staff work with law enforcement, the courts, medical professionals, licensed providers and community partners to address safety concerns and support children and families.”
To be approved, would-be foster families must pass extensive criminal background checks with multiple agencies, which is also required for anyone living in the home, such as another relative.
The process involves checking records from the Colorado Bureau of Investigation, the Federal Bureau of Investigation, criminal and civil court action, DHS involvement, the national sex offender registry and possibly searching other states’ databases, Oesterle said. Some checks are optional, such as Department of Motor Vehicle records.
Foster parents also undergo training, engage in home studies, allow ongoing in-home monitoring and maintain the ability to meet certification requirements, according to El Paso County DHS.
Child placement agencies certify and support foster homes under state requirements.
After placement in a foster home, professionals such as therapists, caseworkers and guardians ad litem have regular contact with foster kids and ask them if they feel safe, if there has been good touching, bad touching or secret touching, Oesterle said.
He has worked in the child welfare system since 1978 and for more than 30 years has headed Kids Crossing, a certified child placement and foster care agency based in Colorado Springs that also operates in Denver and Pueblo.
As a side job, he’s been doing blind testimony in court proceedings for nearly as long as his day job and also has provided treatment services for internet sex offenders.
While he said he could not address Flake’s case, Oesterle said the foster care system has many roadblocks to stop foster parents who think about abusing the children in their care from crossing that line.
But somehow, Zielke evaded the system’s checks and balances.
“They’re supposed to do background checks on these people. If all it takes is (lying) on your application …?” Flake said. “How many children’s lives were destroyed? How many parents’ lives were destroyed? And how many kids are still too scared to say anything?
‘Kinship care’ with known, trusted adults a rising model
Child sex offenders groom children and adults, building a special relationship with the child to the point they can exert control, Oesterle said. Kids who have experienced a divorce or don’t have a father in their lives can be particularly susceptible, he said.
Perpetrators also establish relationships with the adults in the child’s sphere, so they feel comfortable with having that person be alone with their son or daughter.
“That makes it risky for children in foster care — they can be alone with the child,” Oesterle said.
The current shortage of foster homes for children who need placement can be a contributing factor.
The need for foster homes is not unique to El Paso County or Colorado, said Paul Myers-Bennett, spokesperson for El Paso County DHS.
According to the U.S. Department of Health and Human Services’ Administration for Children and Families, nationwide this year there are 57 licensed foster homes for every 100 children in foster care.
The local DHS matches children with homes “that can appropriately meet that individual child’s needs,” Myers-Bennett said.
The right fit is determined based on available homes, sibling groups, location, school and family connections, as well as the level of care required, he said.
El Paso County, the state’s largest in population, has the highest number of kids in Colorado in foster care, which has created an ongoing need for foster families, he added.
As of Sept. 2, El Paso County human services had 378 children placed in foster homes and another 323 children placed in kinship or kinlike homes, such as with teachers, coaches or trusted neighbors.
That’s nearly double the 177 children in kinship care in El Paso County two years ago.
The Colorado law that took effect in 2024 to ease the process for relatives or trusted adults to become foster parents inadvertently has reduced the chances of sex abuse among foster children, Oesterle believes.
“They’re not in a stranger’s home; they’re not as vulnerable,” he said. “Research shows kids do better when they’re placed with kinship families and have better outcomes.”
The model helps preserve important family, community, school and cultural connections, said Catania Jones, director of Children, Youth and Family Services for the El Paso County Department of Human Services.
Flake said she has been advocating for her son to be under her parents’ care but has not succeeded in that happening.
‘Doing everything right in life, for once’
Marina Flake is still fighting to regain custody of her son, who’s now 11.
She said she has been sober for almost nine months, leases an apartment downtown and works at a good job as housing manager for SuPEERior Connections, a sober living community in Colorado Springs.
“I’m doing everything right in life, for once,” Flake said.
Even though her son is in foster care in Fort Collins, she visits frequently, and they talk on the phone every day.
To say the most important things: “I love you” and “I miss you.”
And ask the most important questions:
“Do you still trust where you’re at?”
“Do you feel safe?”
Anyone who suspects child abuse or neglect can call the Colorado Child Abuse and Neglect Hotline at 1-844-CO-4-KIDS (1-844-264-5437). The hotline is available 24 hours a day, seven days a week, and reports are routed to the appropriate county for screening and response.
