Willis Sheldon filed the lawsuit in late 2014, charging that the state failed to protect his daughter, Dezirae, who had been in the custody of the Department for Children and Families shortly before her death.
The girl died in February 2014 after suffering severe head injuries. Her stepfather, Dennis Duby, has pleaded not guilty to second-degree murder in her death. He allegedly crushed her skull.
Sheldon sought damages for what he said was the state’s role in the girl’s death. In the lawsuit, he charged that Dezirae “suffered physical pain, anguish, suffering and death” and that he “suffered the loss of the love and society of his daughter during her lifetime.”
In the settlement, recorded in an order by Rutland County Superior Court Judge Helen Toor on Wednesday, Sheldon is awarded $250,000 in the wrongful death claim and $250,000 to settle the survival claim.
Attorney Sharon Gentry, who represented Sheldon in the case, said Thursday that he was “very emotional” at the resolution of it.
“But he felt like he had done right by Dezirae, and he was very grateful that he now had an opportunity to give Dezirae’s half-sister some opportunity in life that Dezirae won’t have,” Gentry said.
Sheldon decided to place half the total settlement in an independent trust for the half-sister, according to his attorney.
Assistant Attorney General David Groff called Dezirae’s case tragic.
“The state is pleased to have come to a resolution, both for the family, and so that DCF staff can devote their full attention to the important work they do, protecting children,” he said.
The settlement does not indicate any admission of wrongdoing, he said.
“The state has always believed that the social workers involved in this case did their best to try to help this child,” Groff said. “DCF social workers dedicate their lives to protecting children, and we want them to be able to focus on that important work.”
The settlement is fair, he said.
“We hope it brings some closure for everyone involved,” Groff said.
Dezirae lived with her mother, Sandra Eastman, and Duby in Poultney. She had previously suffered injuries that raised concerns of abuse and neglect and prompted DCF to become involved.
About a year before Dezirae’s death, she was taken to the hospital with breaks in both her legs. She was taken into state custody at that time and placed in the care of a relative. However, DCF eventually placed her back in Eastman’s custody in the home she shared with Duby.
According to Sheldon’s lawsuit, when Dezirae was taken to the hospital in February 2014, two days before she died, she had skull fractures on both sides of her head, a retinal hemorrhage to her left eye and swelling in her brain.
The criminal case against Duby is still pending.
Vermont State Police conducted a criminal inquiry into DCF’s handling of Dezirae’s case. Then-Attorney General William Sorrell reviewed the case and determined there had been no criminal wrongdoing on the part of social workers who were involved.
However, he said substantial reform of the child welfare system was needed.
A few months after Dezirae’s death, Peighton Geraw, a 15-month-old from Winooski who had also been in DCF custody, died.
The two deaths prompted legislative review and overhaul of Vermont’s child protection system. The state continues to have high numbers of children in custody, a phenomenon officials link to opiate addiction in Vermont.
Gentry said Sheldon’s team still believes policies were in place within DCF at the time that should have protected Dezirae.
“There’s nothing that DCF has done since Dezirae’s death that would change our opinion that everything that needed to be in place to save her was already in place,” Gentry said.
