A Marion County couple has filed a civil suit in Monongalia County Circuit Court against the West Virginia Department of Health and Human Resources (DHHR) and two of the department’s employees for gross negligence and violations of statute or regulations.
The couple, who are being represented by the Miley Legal Group of Clarksburg, claims their daughter, who was 5 years old at the time, was sexually assaulted by a 12-year-old boy who was to be under the supervision of DHHR employees, Michelle Bast and Aimee Gallo.
According to the suit, the assault occurred at a little league field in Monongalia County in April 2021.
The boy was at the field to play baseball and was on a visitation day with his parents, the lawsuit stated, but he was there under the direct custody and supervision of the DHHR though employees Bast and Gallo.
The 12-year-old was under DHHR supervision due to a history of aggressive, violent, and sexually predatory behavior, according to the suit.
Prior to the assault, a witness or witnesses observed the boy engaged in “trolling behavior.” The suit defines trolling behavior as “actions designed to entice very young females to entrust or engage with him so that he could select his most vulnerable potential victim.”
The 5-year-old, the suit explains, was playing near the ball field with a friend when the boy lured her behind a structure, where he physically and sexually assaulted her.
The lawsuit states that during the assault, the girl was forced to the ground where the boy covered her mouth to prevent her from speaking or screaming for help.
The boy is said to have pulled down her pants and made forcible physical contact with the girl’s private areas including digitally penetrating her, according to the lawsuit. He allegedly threatened that if she screamed or otherwise sought help, he would kill her.
The lawsuit claims DHHR employees Bast and Gallo were specifically assigned to supervise the boy because of his past conduct and proclivities and were aware that leaving him unsupervised at an outdoor sporting event, where it was clear that young children would be playing away from adults in attendance, would give the boy an ideal opportunity to find and victimize a child.
In addition, the suit states that the boy’s safety plan, which is a requirement by the Child Protective Services Policy Manual for all children within CPS supervision and custody, included a non-discretionary “eyes on” supervision due to his past conduct.
The suit explains that “‘eyes on” supervision means the child requiring supervision must be within the defined boundary in which the provider can intervene immediately if needed to ensure safety and well-being.
The plaintiffs allege that due to Bast and Gallo’s “complete dereliction of their responsibility to supervise the boy, were grossly negligent and by abandoning their responsibility to supervise him,” they violated sections of the CPS Policy Manual requirements.
The lawsuit claims the statutory, regulatory, and policy violations by the defendants, caused the young girl to suffer physical and permanent psychological harm and the girl’s parents to suffer economic and irreparable emotional and psychological harm.
The family is seeking compensatory damages for past, present and future medical expenses, general damages past, present and future for pain, suffering, humiliation, permanent injury, and loss of enjoyment of life.
The plaintiffs are also seeking any exemplary damages permitted by law as well as pre and post judgment interest and court costs and attorney’s fees.
The Dominion Post reached out to the DHHR for comment on the lawsuit but had not received a response by press time.
