CT to pay $12M in settlement of ‘Baby Dylan’ child abuse case

HARTFORD – The General Assembly is poised to authorize a $12 million settlement to resolve the socalled “Baby Dylan” case that eight years ago stirred anger and criticism over how the state managed its foster care system.

Lawmakers will consider a bill submitted by House Speaker Matt Ritter to settle a 2020 lawsuit filed in Hartford Superior Court that initially sought $20 million in damages due to alleged negligence by the state Department of Children and Families.

“We spent a great amount of time and effort to get justice for Baby Dylan,” said Robert Reardon, a New London attorney who filed suit against the state on behalf of Jerry and Joyce Barrios, who adopted Baby Dylan. The child’s real name is being withheld.

“I’m pleased that it’s over and the parents are pleased that it’s over,” Reardon said. “We hope this sends a message that we will always be vigilant in providing services to the children of Connecticut.”

Ken Mysogland, DCF bureau chief for external affairs, declined comment on the proposed settlement. “We are unable to comment on pending litigation,” he noted.

The settlement must be approved by the General Assembly and will first head to the Judiciary Committee for review. A one paragraph bill seeking authorization for a $2.5 million settlement is now pending before the committee. Officials said the fact that bill sets a lower settlement amount than was established in Hartford Superior Court is a technicality and represents standard language because the legislature must authorize settlements exceeding $2.5 million.

The case began in 2015 when 13month-old Baby Dylan was taken from his birth parents, along with his siblings, and placed in the care of his mother’s cousin, Crystal Magee, and her husband Donald.

What followed, according to a 2016 report by the Office of the Child Advocate, was a series of alleged abuses of the infant while in foster care. By the time the infant was removed in November 2015, he was nearly starved, had suffered numerous broken bones and burns and was severely underdeveloped. Baby Dylan at 19 months old weighed less than he did when he was 13 months old, the report noted.

Anger over DCF’s role soon erupted and officials discovered that the foster parents had been “the subject of multiple prior allegations of abuse and neglect” and DCF knew that history when the child was placed in their care, the 2016 OCA report concluded.

State investigators found there was no medical follow up during Dylan’s time living in the Magee household and the family had canceled numerous visits with service providers and family. DCF workers were repeatedly told he was sleeping during visits and the OCA investigation found those workers had not seen the boy awake for 102 days.

Crystal Magee was eventually arrested and pleaded guilty to risk of injury to a minor. She did not serve prison time because of the multiple failures by the state system to protect the child, according to reports.

“Dylan’s physical injuries are healing but the trauma he suffered is likely to have life-long impact,” the 2016 OAC report said. “And while he has been described as engaging and outgoing, he is now identified as a “medically complex” child with extensive needs for developmental, medical and family support.”

Several bills were proposed to fix a perceived failure by DCF and in 2018 the legislature approved an oversight committee to preside over DCF. But the bill was vetoed by then Gov. Dannel Malloy and the legislature did not attempt an override.

DCF agreed that the “case practice in this matter was unacceptable” but maintained it should not be used to indict the entire system and criticized some aspects of the OCA’s report.

Reardon, the Barrios family attorney, said the now eight year child will need “special attention” because of injuries he suffered.

“It was a different administration at DCF and in state government,” Reardon said. “There has been a number of changes that have occurred and much more that can be done. It’s a difficult agency to manage and it’s very complex in its work and it has to require the constant attention of state government.”

Reardon said the settlement money will be placed in a trust to benefit the child.

The settlement was formalized Jan. 24, just days after the trial was scheduled to begin on Jan. 21 in Hartford Superior Court.