Jun. 3—A Marion County couple has filed a civil suit in Monongalia County Circuit Court against the West Virginia Department of Health and Human Resources (DHHR) and two of the department's employees for gross negligence and violations of statute or regulations.
The couple, who are being represented by the Miley Legal Group of Clarksburg, claims their daughter, who was 5 years old at the time, was sexually assaulted by a 12-year-old boy who was to be under the supervision of DHHR employees, Michelle Bast and Aimee Gallo.
According to the suit, the assault occurred at a little league field in Monongalia County in April 2021.
The boy was at the field to play baseball and was on a visitation day with his parents, the lawsuit stated, but he was there under the direct custody and supervision of the DHHR though employees Bast and Gallo.
The 12-year-old was under DHHR supervision due to a history of aggressive, violent, and sexually predatory behavior, according to the suit.
Prior to the assault, a witness or witnesses observed the boy engaged in "trolling behavior." The suit defines trolling behavior as "actions designed to entice very young females to entrust or engage with him so that he could select his most vulnerable potential victim."
The 5-year-old, the suit explains, was playing near the ball field with a friend when the boy lured her behind a structure, where he physically and sexually assaulted her.
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