Washington Child Welfare Agency to Pay $80 Million in Negligence Settlement Over Injured Siblings

Washington state’s child welfare agency, the Department of Children, Youth and Families, will pay $80 million to settle claims that it failed to protect two children who were left in the care of their biological parents despite repeated warnings about their safety.

The two children at the center of the case, six-year-old Leo “Bubby” Strode and his four-year-old sister, Matilda Strode, suffered life-altering injuries while living with their biological parents. Leo tested positive for methamphetamine at birth, while Matilda had heroin in her system. Both siblings were later adopted by Sarah and David Strode of Lakewood, who brought the claims on their behalf.

Leo was nine months old when he suffered severe third- and fourth-degree burns across 75% of his body. His crib was inside what CPS workers described as a “shed,” which caught fire while he slept. Tangled electrical wiring and improvised space heaters were later identified as the likely cause. The injuries led to the amputation of both hands and six toes, the loss of his eyelids, and dozens of surgeries, with more skin-grafting procedures expected as he grows.

The filings state that Leo’s parents had been reported to CPS several times before the fire, yet he remained in their care.

Matilda also suffered injuries while under the temporary care of her biological parents. She suffered a brain injury caused by oxygen deprivation after bedsheets became wrapped around her while she slept in bed with them.

A court order barred the parents from being alone with Matilda, but her grandmother left the young girl in their care. The grandmother claims she was never made aware of the court order by the Department of Children, Youth and Families. The injury left the young child unable to breathe independently, legally blind, and deaf.

According to the complaints, the agency knew about the family’s unsafe living conditions, the parents’ drug use, and their extensive criminal histories, but failed to take necessary action. Other children had previously been removed from the biological parents’ care, including their older sister, yet both Leo and Matilda remained with them despite those warnings, the filings allege.

As a result of their injuries, both children will need ongoing care, including lifelong surgeries and complex medical treatment.

Under the settlements, Leo will receive $45 million, and Matilda will receive $34 million. The children’s adoptive parents, Sarah and David Strode, were awarded an additional $500,000 each, bringing the total to $80 million.

After legal fees and other costs, nearly $47 million will be placed into two special needs trusts established to cover the siblings’ long-term medical care and other needs.

The agreements resolve four separate cases, consisting of state and federal lawsuits filed on behalf of each child. A guardian ad litem appointed by the court participated in the proceedings to protect the children’s interests.

The lawsuits raised tort claims against the state, including allegations of negligence and gross negligence. Under tort law, claims involving wrongful conduct can seek financial compensation for medical care, long-term needs, pain and suffering, and other losses.

Negligence is the most common type of tort claim and generally means someone failed to use reasonable care. Gross negligence is more serious and suggests the failure was not just a mistake or poor judgment, but a major lack of care in the face of clear risks.

The claims against the child welfare agency centered on whether caseworkers failed to take reasonable steps to protect Leo and Matilda before they were seriously injured, despite warnings about the conditions in their biological parents’ home.

Leo’s $45 million award and Matilda’s $34 million award are the largest and second-largest pretrial tort settlements involving individual claims against Washington state.

Claims against the Department of Children, Youth and Families were dismissed as part of the settlement agreements.