Child left blind, deaf after Kelso injury. Now, adoptive parents seek damages for constant medical care.

A Cowlitz County Superior Court judge issued a venue change last month for a family suing the Washington State Department of Children, Youth, and Families for failing to protect their adoptive daughter, who they say was left with irreversible injuries under the care of her biological parents, who were barred from unsupervised visits with the child.

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The case will now be heard in Pierce County Superior Court, where the family is from and where the now 4-year-old receives medical care, even though the injuries occurred in 2022 in Cowlitz County.

The suit, filed in August by David and Sarah Strode on behalf of their daughter, alleges the agency failed to protect their child on Jan. 27, 2022, from suffering a catastrophic brain injury while sleeping in the same bed as her biological parents, who were under a King County Juvenile Court order not to have unsupervised visits with their child.

An amended complaint filed in September adds the child's maternal grandma, Corena Barnett, 61.

The child's biological parents, Suzanne Kelley, 32 and Trevor Kelley, 34, were not arrested after the injury and are not named in the suit.

Kelso police records received through a public records request show physicians determined the then 6-week-old suffocated, but police say there wasn't enough evidence to seek charges.

Police also found what they suspected to be heroin in the bed where the infant was discovered, according to the police report.

The adoptive parents are seeking an undisclosed amount to pay for the constant medical care the child now requires.

Due to being deprived of oxygen, the child can't walk, talk, eat or breathe by herself, the lawsuit states.

She is described in a 2026 court document as being a blind, deaf quadriplegic who has cerebral palsy and is unable to support her own head. She was admitted to a children's hospital in Tacoma on March 26, and she hasn't yet been released.

The adoptive family is also suing four employees of the Washington State Department of Children, Youth, and Families in federal court at the U.S. District Court for the Western District of Washington.

The federal suit was filed in October 2025 and accuses the state of violating the child's civil rights.

The plaintiff is requesting a jury trial and is suing for punitive, special and general damages, as well as for the defendant's legal fees and costs.

The federal suit accuses each of the defendants of depriving the child's constitutional rights by "directly participating in the deprivation, or by setting in motion a series of events by others," and that each of the defendants "knew or reasonably should have known (the acts) would cause others to violate (the) Plaintiff's civil rights."

Lawsuit alleges state knew there was a problem

The suit originally filed in Cowlitz County Superior Court alleges that the Washington State Department of Children, Youth, and Families ignored red flags prior to the accident.

The baby was born with heroin in her system, which required her to be weaned off for weeks, the suit claims.

When the biological parents lost custody, the child was placed in the care of Barnett, the grandmother, who worked graveyard shifts, lived alone and allowed the child's parents to move in with her, the suit continues.

The lawsuit claims a King County Court order allowed the biological parents to stay in the same home as the child, but required them to have supervised interactions.

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The suit alleges that the Washington Department of Children, Youth, and Families never sought to enforce the court order or to tell Barnett of the restrictions, including providing her a copy of the order.

The police report shows that when officers questioned Barnett about the baby's injuries the afternoon of the accident, she was in shock and started crying. She hadn't seen the baby since the day before because she worked nights, Barnett told police.

When asked if there was an order preventing the parents from seeing the child, she told police no, the report states.

A Washington State Department of Children, Youth, and Families employee was also concerned about the child staying with the grandma, since she worked nights and didn't have childcare, the lawsuit states. The employee voiced her concerns 23 days before the accident and suggested that the infant be placed in foster care.

The suit alleges that the agency never ensured the baby was enrolled in daycare while the grandmother was working, even though Barnett called the agency twice for help setting up such services.

Police investigation ends

The child was born on Dec. 14, 2021. Due to having heroin in her system, the Washington State Department of Children, Youth, and Families took legal responsibility for the infant and opened an investigation into the biological parents, the suit says.

Both of the victim's biological parents admitted to using drugs during this time, with the mother admitting to using heroin within 24 hours of giving birth, the suit claims.

Washington State Department of Children, Youth, and Families found the biological parents, "will not or cannot control their behavior and their behavior impacts child safety," which "could lead to substantial harm of the child," the lawsuit states.

Police describe Trevor Kelley as lethargic and shocked when responding to the child's 2022 suffocation report.

He told police the baby was sleeping between the couple; he last saw the child breathing at about 4:30 a.m., and the police were dispatched about an hour later.

Afterward, the child had seizures while in the hospital, supported by machines, the police report states.

The infant showed no sign of illegal drugs in her system. However, since narcotics were found in the bed, "drugs possibly played a part in the accidental smothering," the document continues.

However, the case was closed on Dec. 8, 2022, according to the report, though it could be reopened if new evidence were found.

Kelso Police Chief Rich Fletcher told The Daily News there was insufficient evidence to seek charges against either parent, and it was only speculative that the parents' drug use contributed to the child's injury.

Cowlitz County Prosecuting Attorney Ryan Jurvakainen said the office never received a criminal report on the case to possibly file charges.

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This story was originally published May 17, 2026 at 4:28 AM.