Lawsuit alleges agencies ignored abuse signs in girl's death

ANTIOCH, Calif. - Civil rights attorneys are speaking out about a toddler's death in the East Bay, alleging there were clear signs of abuse and neglect that went ignored by authorities. 

Attorneys with Singleton Schreiber Law filed a lawsuit last week, stating in the complaint that Contra Costa County social workers and law enforcement did not do enough to protect the girl.

The lawsuit says an 18-month-old girl, identified as O.Y., died of injuries consistent with beatings on August 26, 2022. Attorneys said she was alone in the hospital, without her family beside her.

Brett Schreiber, a partner with Singleton Schreiber Law, said the failure of multiple agencies and child protective systems in place is the reason she is not alive today.

"This is about shining a light on something that, unfortunately, is not an isolated incident but was completely and totally preventable," said Schreiber.

The complaint states O.Y. was brought to the hospital on August 22, 2022, with severe injuries after her mother called 911, stating she was not breathing.

"Her tiny face and body were covered in bruises," the complaint read. The "bruises were at various stages of healing, indicating she had been beaten at different points in time."

The lawsuit alleges doctors said her injuries were too much to survive, and the toddler died on Aug. 26 at Children’s Hospital in Oakland, a few hours after her parents left the hospital for a "smoke break."

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The complaint also claims doctors tried to find her parents, but they were unresponsive. 

Her parents were identified in the complaint as Jessika Fulcher and Worren Young, Sr.

"It's safe to say that the parents were extremely bad actors," said Schreiber. "But every actor needs a stage, and unfortunately, the stage was set by the failures of CPS, and the city and the care providers."

The attorneys filed the lawsuit on behalf of the adoptive mother of O.Y.’s two siblings, who also endured significant abuse and neglect.

It alleges "O.Y.’s death was the result of massive and pervasive failure by Contra Costa Child Protective Services and Antioch Police Department officers."

O.Y. was born with drugs in her system, according to the lawsuit. Only a month after her birth, CPS workers removed her and her older brother from their parents’ custody.

However, through standard reunification efforts, CPS workers reported her parents were complying with court orders when, in fact, the lawsuit says they "failed drug tests, missed drug tests, and failed to address outstanding arrest warrants" in Georgia.

Six months later, O.Y. and her brother ended up back in their parents' custody.

Despite multiple calls of domestic violence to their home, the lawsuit claims, "Antioch PD officers ignored their mandatory obligation to cross-report calls of domestic violence to Contra Costa CPS and the District Attorney’s Office."

A daycare known as The Learning Center and pediatrician Dr. Flynne Lewis of the Pittsburg Health Center are also named in the complaint, for allegedly noting signs of abuse when observing O.Y. and her siblings and failing to alert CPS.

"All they have to do is simply report it," said Schreiber. "I mean, the bar is set so incredibly low, they just have to pick up the phone."

KTVU reached out to all the defendants in the lawsuit and has not heard back.

Contra Costa County said it has not been served with the lawsuit, so it could not comment at this time.

According to the complaint, Antioch police are still investigating the death.

O.Y.'s two other siblings, ages two and four, were placed into foster care and were recently adopted.

The toddler's parents have not been charged in the girl's death.

Her father is currently incarcerated at Valley State Prison for an unrelated conviction and her mother could not be reached.