Baby Jaxon case: Legal claim says abuse warnings were ignored before toddler's death

SAN JOSE, Calif. - The father and grandmother of a toddler who died in a Santa Clara County foster home have filed a legal claim on Tuesday against the county and state, alleging they failed to protect the child.

First reported by the Bay Area News Group, the claim alleges that the county’s Department of Family and Children Services and the California Department of Social Services were negligent in placing 2-year-old Jaxon in a dangerous environment. The state agency oversees DFCS.

Kiesel Law LLP confirmed to KTVU that it filed the legal claim on behalf of Albert and Elva Juárez. 

"Respondents knew, or should have known, of the risk of abuse to Jaxon by approving his placement in the [redacted] home, and by keeping him in and failing to remove him from that home despite multiple reports of suspected abuse after he was placed in the [redacted] home," the claim reads.

Prior conviction overlooked

What we know:

Investigators said Jaxon’s foster mother, who is a relative, had a troubling criminal record. The 40-year-old woman had a prior felony child endangerment conviction stemming from a drunken driving incident in which her 1-year-old child was in the vehicle. That conviction should have barred her from being a foster parent.

"Respondents either failed to conduct the required background check of [redacted name of foster mother]… or did conduct the required background checks and despite [her] felony conviction for child endangerment and other known/knowable risks of abuse to Jaxon, elected to place Jaxon in the home nonetheless." the claim states.

Unheeded warning signs

Lawyers for the Juárez family said one month before the boy's death, they noticed suspicious redness on Jaxon’s bottom during a diaper change and a red line on his neck during a supervised visit, both of which they reported to a social worker.

Then, two days before Jaxon was found unresponsive, daycare workers noticed a rash on the toddler's arms, legs, and bottom, as well as a red ring around his neck. They contacted the foster mother, who claimed the marks were caused by a detergent allergy. The daycare facility informed her that Jaxon could not return without a doctor's note.

The following day, a clinic physician examined Jaxon and reported that the toddler may have been abused. A doctor informed social workers that Jaxon needed another evaluation and requested assistance from DFCS. The claim alleges that the doctor's requests were ignored.

"Instead, an emergency response social worker, who was called out to assess signs of possible physical abuse, marked Jaxon as "safe," the claim alleges.

Fatal outcome

The backstory:

On April 5, the foster mother left Jaxon alone with her teenage son.

That afternoon, San Jose police were called to a home in the 300 block of Otono Court, where they found Jaxon bruised and beaten. Medical personnel identified several "suspicious" injuries on his body. District Attorney Jeff Rosen said that when Jaxon was first discovered, he had a hair tie wrapped around his neck.

Jaxon was placed on life support but died four days later.

Authorities have not publicly named the foster mother. However, her son, who was 17 at the time of the incident and is now 18, has been charged with murder and sexual assault in the toddler's death.

The legal claim is the first step before suing a public agency. The county and state have 45 days to respond.

Social workers fired

The legal action follows the pending termination of four social workers involved in Jaxon's placement.

According to the Santa Clara County District Attorney’s Office, evidence indicates the toddler was repeatedly sexually and physically assaulted while living in the home.

Jaxon entered foster care earlier this year following the death of his mother. His father was unable to care for him.