The parents of a 7-year-old boy who starved to death in the care of his mother’s ex-boyfriend have filed a wrongful-death lawsuit against the agencies that administer child-welfare services in Denver and Jefferson counties.
Christina Grafner and Joshua Norris filed suit Tuesday in federal court in Denver against the Department of Human Services in each county. Grafner and Norris are the biological parents of Chandler Grafner, who weighed 34 pounds when he died in May 2007.
Court records say Chandler starved to death after being locked in a closet for days without food or water in the home of Christina Grafner’s ex-boyfriend Jon Phillips and his girlfriend, Sarah Berry.
A jury in August convicted Phillips of first-degree murder, fatal child abuse and evidence tampering in the boy’s death, while Berry pleaded guilty to second-degree murder.
The lawsuit alleges the Jefferson County DHS took Chandler from his mother against her will and placed him with Phillips and Berry, in Denver County, without adequately investigating whether they were fit foster parents.
The suit says the human services departments in both counties then failed in their responsibility to keep Chandler safe and monitor his well-being, including mishandling reports from the boy’s school that he suffered abuse.
The agencies “had an affirmative duty to act on behalf of Chandler Grafner in the administration of Chandler Grafner’s welfare, including preventing or remedying neglect, abuse or exploitation of Chandler Grafner, or preserving, rehabilitating or reuniting Chandler Grafner’s biological family,” the lawsuit says.
The departments weren’t available for comment late Tuesday. The suit also names Margaret Booker, who headed investigation of child maltreatment and intake services for the Denver County DHS; and Mary Peagler, Denver County DHS case record supervisor.
Also listed as a plaintiff is Melissa R. Schwartz, a representative of Chandler’s estate.
The lawsuit seeks a jury trial and unspecified damages.
A state inquiry following the deaths in 2007 of Chandler and 12 other children under human services care prompted several rule changes designed to correct flaws in the system.
The inquiry found that foster children whose parents move around the state are difficult to keep track of. The new rules included a requirement that social workers call other counties to confirm they have received a case being referred to them.
