In May 2020, a 9-month-old boy was engulfed in flames by a shed fire in Grays Harbor County and, although badly disfigured, he survived through 17 surgeries and later was adopted by a Pierce County family, according to a recent legal filing.

At the time of the blaze, Leo Strode had been left by his biological parents in the small structure where he was surrounded by three space heaters and underneath a fourth one that hung above him from the ceiling, the filing said.

Even before Leo was born, his biological parents had come to the attention of the Washington State Department of Children, Youth and Families, who were aware that both parents used drugs and had extensive criminal records, the filing said. The state agency also was alerted to domestic violence in Leo’s home and his alleged neglectful and poor living conditions prior to the blaze, according to the filing.

Following the fire, Leo was placed into foster care and taken in by Pierce County residents Sarah and David Strode, who adopted him in late February. Now, the Strodes have filed a $165 million tort claim against DCYF, the state agency responsible for protecting children, alleging it failed Leo.

“DCYF failed to promptly, reasonably or adequately investigate three separate reports that Bubby (Leo’s nickname) was being neglected and abused by his parents,” according to the claim filed Thursday. “As a result, Bubby was nearly burned to death, and has suffered the worst, life-threatening and disfiguring damages that the members of the jury will ever see.”

A tort claim is typically a precursor to a lawsuit. By law, DCYF has 60 days to respond to the claim before the Strode family can sue.

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

In a statement to The News Tribune and in a subsequent interview Monday, attorney David P. Moody, who’s representing the Strode family, said that DCYF knew Leo’s biological parents were “the worst of the worst” but didn’t intervene.

“It received an entire constellation of warning signs,” Moody said in a statement. “The drumbeat of warnings lasted for months.”

KOMO News first reported on the claim’s filing.

Child abuse investigations botched, filing says

The 34-page claim laid out DCYF’s alleged history with Leo’s biological parents as well as the now 5-year-old boy’s extremely difficult journey in the aftermath of the fire — one that the filing noted will continue for life.

The Strodes accused the state agency of passively investigating major concerns raised about Leo’s living conditions and failing to collect accessible information that would have provided an obvious picture of his dire situation before he was significantly injured.

Prior to the fire, DCYF received three reports about Leo’s family life within nine months, leading to formal investigations, the claim said. The state agency knew that Leo had tested positive for methamphetamines at birth due to his mother’s drug use; both parents had an extensive history of substance abuse, neglect and living in filthy homes; and they previously had a combined six children removed from their care, according to the claim.

Additionally, Leo’s father was arrested for domestic violence against Leo’s mother; the parents skipped Leo’s medical appointments and refused DCYF access into their home; the state agency lost track of the boy for nearly three months; and third-party witnesses raised concerns about the child’s safety, the claim said.

DCYF allegedly closed each of the reports without taking necessary action to protect Leo, despite having clear authority to remove him from his parents’ care, according to the claim.

Then on May 25, 2020, a shed where Leo allegedly lived caught fire. It’s believed that meth was being cooked inside, the claim said.

“DCYF never took steps to examine the shed where Bubby lived, never asked how Bubby was kept warm during the winter months, and never assessed whether it was safe for a months-old child to sleep surrounded by used space heaters,” the claim said. “Not only were the frayed extension cords and space heaters an extreme fire hazard, a space-heater fire had recently occurred. All of this information was available. All of it.”

Leo was badly injured, suffering third- and fourth-degree burns over much of his body. While he survived, his hands were removed, most of his toes were amputated and doctors grafted new skin to reconstruct as many parts as possible, according to the claim.

He underwent nearly 20 surgeries before his first birthday to address extensive injuries, and many questions remain about his future, including whether he’ll be able to succeed in school or work or ever live independently, according to Moody and the claim.

“As a direct result of DCYF’s gross negligence, Bubby has endured horrific pain and suffering from the fire that left Bubby profoundly and permanently damaged,” the claim said. “Bubby will need extensive, complex medical treatment and surgeries for the rest of his life.”

A few months after the fire, the Strodes took Leo in as a foster child and then adopted him in late February. The couple is experienced caring for children with profound needs, having adopted five other children, Moody said. They also have two biological kids.

In announcing the adoption, according to the claim, the Strodes wrote: “This is 5 years in the making and we are so at peace and ready to make Bubs an official Strode and to promise to love, nurture, provide for and keep him safe for the rest of our lives. Our family will be complete.”

Leo is a “warrior” and determined, curious, energetic and polite, Moody said. He’s happy living with the Strodes and doing as well as he can, given the “horrific” injuries he has faced and will continue to confront, Moody added.

The significant $165 million claim speaks to the preciousness of Leo’s health and welfare as a baby and the multiple opportunities DCYF had to ensure he was protected and grew up intact but allegedly missed, according to Moody.

“The state provides billions of dollars to (the Department of Social and Health Services) and DCYF,” Moody said in a statement. “These agencies are paid handsomely to respond to warnings. The taxpayers should be furious.”