Lawsuit says state ignored warning signs before baby who lived in shed was disfigured in fire

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A 9-month-old boy badly burned in a dilapidated shed was let down by the Washington state agency tasked with safeguarding children after it repeatedly ignored warnings that he was being endangered by his biological parents, according to a lawsuit.

The suit, filed Wednesday in Pierce County Superior Court, alleges that the state Department of Children, Youth and Families was negligent in providing oversight of Leo Strode despite a constellation of red flags leading up to a fire in 2020 that burned 75% of his body and left him disfigured.

“Again and again, in every possible way, DCYF failed to protect Bubby,” the suit said, using a nickname for the boy.

The complaint was lodged by the Pierce County family who adopted Leo in February and filed a $165 million tort claim against DCYF two months prior to Wednesday’s lawsuit. A tort claim is typically a precursor to a lawsuit.

“The drumbeat of warnings lasted for months,” the family’s attorney David P. Moody told The News Tribune in April.

DCYF declined to comment on the lawsuit, citing its practice of not publicly addressing active litigation.

Leo was a baby when the shed went ablaze in Grays Harbor County. Leo and his biological parents reportedly lived in the decrepit structure, which was an obvious fire hazard on a property also housing broken-down camper trailers, according to the suit. The boy was surrounded by three space heaters — a fourth one hung over his crib — and frayed extension cords pulled power from a main home on the site, the suit said.



On May 25, 2020, Leo was left alone in the shed, and he was engulfed in flames when it caught fire, according to the suit. The boy survived but has undergone more than 20 surgeries and is expected to need “countless” more in the future, the suit said. His injuries were severe: His hands and six toes were amputated and he lost his eyelids and most of his skin.

Citing DCYF records and interviews with witnesses, the lawsuit mirrors allegations made in the tort claim. Leo was allegedly born to drug-addicted parents with significant criminal histories who lost parental rights for other children. DCYF received several warnings about Leo’s family life, including from a doctor and police officer, but never meaningfully investigated his situation even after losing contact with him for two months, the suit said.

DCYF visited the property but never inspected the shed, according to the suit.

Following the fire, the Strodes fostered Leo and then adopted the boy. He took their last name. His first name was changed (he was originally named by his biological parents after a strain of marijuana). The Strodes must provide routine and extensive care to Leo, who now suffers from mental health issues and many physical limitations, according to the suit.

“If DCYF did its job, none of this would have happened,” the suit said. “There is no excuse.”

The complaint is seeking unspecified damages and any relief deemed appropriate by the court.

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