Lawsuit claims authorities ignored signs of abuse in girl's death

ANTIOCH, California. – Civil rights lawyers are speaking out about the death of a toddler in the East Bay, saying there were clear signs of abuse and neglect that were ignored by authorities.

Lawyers with Singleton Schreiber Law filed suit last week, arguing in the complaint that Contra Costa County social workers and police officers did not do enough to protect the girl.

The lawsuit states that an 18-month-old girl named OY died on August 26, 2022, from injuries consistent with beatings. Lawyers said she was alone in the hospital, without her family by her side.

Brett Schreiber, a partner at Singleton Schreiber Law, said the failure of numerous agencies and child protection systems is the reason she is no longer alive today.

“This is about shedding light on something that is unfortunately not an isolated case, but could have been completely avoided,” said Schreiber.

The complaint states that OY was hospitalized with serious injuries on August 22, 2022, after her mother called 911 and stated she was not breathing.

“Her small face and body were covered in bruises,” the complaint states. “The bruises were in different stages of healing, suggesting that she had been struck at different times.”

The lawsuit alleges that doctors deemed the toddler's injuries too severe to survive and that he died at Children's Hospital in Oakland on August 26, hours after his parents left the hospital for a “smoking break.”

SEE ALSO: Antioch man found shot to death at home, woman identifies victim

The complaint also states that doctors tried to find her parents, but they did not respond.

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,” Schreiber said. “But every actor needs a stage, and unfortunately that stage was created by the failings of the youth welfare office, the city and the care facilities.”

The lawyers filed the lawsuit on behalf of the adoptive mother of OY's two siblings, who also suffered severe abuse and neglect.

It claims: “OY's death was the result of massive and comprehensive failures on the part of Contra Costa Child Protective Services officials and the Antioch Police Department.”

According to the lawsuit, OY was born with drugs in her system. Just one month after her birth, child welfare workers removed her and her older brother from their parents' custody.

However, CPS officials reported that their parents complied with court orders as part of standard reunification efforts. In fact, the lawsuit says they “failed drug tests, missed drug screenings, and failed to take care of outstanding arrest warrants” in Georgia.

Six months later, OY and her brother ended up back in the care of their parents.

Despite multiple reports of domestic violence in her home, the lawsuit states, “Antioch Police Department officers ignored their obligation to report reports of domestic violence to Contra Costa Child Protective Services and the District Attorney's Office.”

The complaint also names a daycare center called The Learning Center and pediatrician Dr. Flynne Lewis of the Pittsburgh Health Center for allegedly noticing signs of abuse while observing OY and her siblings and failing to notify Child Protective Services.

“They just have to report it,” Schreiber said. “I mean, the barrier is so incredibly low, they just have to pick up the phone.”

KTVU has contacted all defendants in the lawsuit and has not received a response.

Contra Costa County said the lawsuit has not yet been served and that it cannot comment at this time.

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

OY's other two siblings, aged two and four, were placed in foster care and were recently adopted.

No charges have been filed against the toddler's parents in the girl's death.

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