Foster care facility sued after coroner says Kentucky boy’s death at facility was homicide
The death of a 7-year-old boy who was at a foster care facility has been deemed a homicide by the Jefferson County coroner, and the child’s foster parents are now suing the foster care center, court records show.
Ja’Ceon Terry died while in care of Bellewood and Brooklawn in Louisville on July 17, according to a lawsuit filed last week by Terry’s foster family against Brooklawn and Uspiritus Inc. The coroner ruled Terry’s death as positional asphyxia, according to the lawsuit.
The lawsuit alleges unknown individuals or employees with Bellewood and Brooklawn assaulted and physically restrained Terry. He suffered multiple injuries from the incident, including positional asphyxia, which caused him to be unable to breathe and rendered him unconscious, according to court records.
Terry was later sent to Norton Children’s Hospital in Louisville, where he was pronounced dead, according to the lawsuit. The lawsuit further alleges that the actions by the defendants caused Terry’s death. The foster parents are suing for wrongful death, negligence and negligent hiring, training, supervision and retention.
The foster family has asked for relief to cover financial damage from medical and funeral expenses and awards to cope with the conscious, physical and emotional pain and suffering as a result of Terry’s death.
The Law Offices of Croley and Foley, the attorneys representing the plaintiffs, released a statement about the lawsuit, saying Terry’s death was “tragic and inexcusable.” The firm said it will continue to investigate the situation.
“We will refrain from commenting further at this time to allow Louisville Metro Police and other investigating agencies time to complete their work and decide how they will proceed,” the statement read.
After the coroner’s report was released, Bellewood and Brooklawn released a statement expressing devastation towards Terry’s death and said it has dismissed two employees involved in the incident.
Bellewood and Brooklawn also said it has increased training for employees and re-trained staff on behavioral models and therapeutic approaches.
“We are completely devastated by the unspeakable loss of a child in our care, Ja’Ceon Terry. He should not have died on our watch. As protectors of Kentucky’s most vulnerable children, we are dedicated to making sure it never happens again. The health and safety of the Brooklawn family is always our top priority,” the statement read.
Bellewood and Brooklawn hadn’t yet filed a legal reply Tuesday morning, according to court records.
Terry was placed at Bellewood and Brooklawn in August 2021 after Clark Family Court placed him in the custody of the state Cabinet for Health and Family Services. Bellewood and Brooklawn had an agreement with the state to provide foster care services.
The state has stopped placing children at the facility for the time being, and an investigation is ongoing, WKYT reported.
This story was originally published September 20, 2022 at 10:57 AM.
