Father Sues MDHHS CPS Workers Who Ignored Reported Abuse Of 3-year-old Found Dead In Freezer

Michigan requires persons in certain occupations to report suspected child abuse to Centralized Intake (CI), a function of MDHHS Children's Protective Services. These individuals are called Mandated Reporters.  Many of these occupations are in the medical field.

Here we have a case where a hospital doctor reported obvious abuse to a 3-year-old, Chayce Allen, but MDHHS CPS did nothing and 5 months later the child was found dead from horrific abuse.  The mother was convicted of homicide and the father is now suing 13 MDHHS workers in federal court due to their inaction.

Qualified immunity will probably be the defense offered by the defendants:

https://www.mlive.com/news/2025/05/father-sues-michigan-cps-workers-after-3-year-old-found-dead-in-freezer.html

Father sues Michigan CPS workers after 3-year-old found dead in freezer
By Justin P. Hicks | May 17, 2025

Chayce Allen, 3, suffered extreme trauma at the hands of his mother before he was found dead in a broken basement freezer in 2022.

His father, Juwan Allen, says Michigan’s Child Protective Services failed him by repeatedly returning him to an abusive household, despite clear signs of harm, according to a lawsuit filed last month against 13 state CPS workers.

Allen argues gross negligence and a failure by CPS to remove the boy from his mother -- again -- contributed to his injuries and untimely death.

His lawyers said case workers interviewed the toddler in front of his abuser, gave the mother advanced warning before home visits, and even closed an abuse investigation one day after he was discharged from a hospital.

“Defendants had multiple chances to intervene -- the last of which was mere months before Chayce’s death but instead took affirmative actions placing him in continuous danger,” reads the lawsuit, filed in U.S. District Court on April 18 and served this week to at least half of the defendants.

Allen is asking for compensatory damages exceeding $75,000, which is the minimum threshold for a case to be heard in federal court, plus punitive damages and court fees.

A spokesperson for the Michigan Department of Health and Human Services (MDHHS) declined to comment on the pending litigation, but said the department is deeply committed to ensuring the health and safety of all children and improving the child welfare system to meet the needs of kids and families.

Chayce and his siblings were initially removed from their mother, Azuradee France, in December 2018, following allegations of abuse. The children had physical injuries and their home had a rat infestation, evident by holes chewed through the children’s playpen.

The CPS petition to remove the children noted France’s risk assessment score was high, her safety assessment scored “not safe” and case workers didn’t believe she understood the seriousness of her actions.

After two years apart, the children were returned to France in November 2020. However, alleged abuses continued.

CPS workers were called back two months later after France failed to get Chayce medical attention for second- and third-degree burns on his hands. When she did take him for treatment, doctors also discovered an abscess on his ankle that required immediate surgery, according to the lawsuit.

During fall 2021, France was again investigated after Chayce was observed with a black eye, a gash near the top of his eyebrow and bruised ribs. His mother admitted to spanking him “in a way that she acknowledged was excessive,” according to the lawsuit.

The toddler also appeared malnourished and allegedly kept throwing up after eating. Later testing revealed he had gone blind as a result of blunt force trauma to the head, and had a nondisplaced fracture of his left femur.

“Despite the glaring medical findings and the doctor’s explicit recommendations for ‘further evaluation for child abuse / neglect’, defendants failed to further investigate and enhance the dangers to Chayce,” the lawsuit reads.

One day after Chayce was discharged from the hospital, his CPS investigation was allegedly closed.

About five months later, Chayce died.

Police were called to do a welfare check on June 24, 2022 when they found his “barely recognizable” body in a broken freezer.

France, 33, pleaded guilty to second-degree murder in July 2024, shortly before she was set for trial. She is serving a 35-to-60-year prison sentence.

The lawsuit argues the 13 defendants had a duty to intervene in a timely and responsible manner to ensure Chayce’s safety, and that they had knowledge of his vulnerable status and the risks posed by the abusive environment he was living in with his mother.

Michigan’s House Oversight Subcommittee on Child Welfare System heard testimony about the CPS lawsuit in late April. Attorney Jonathan Marko shared Allen’s and other stories in which he said the department failed children it had a duty to protect.

No MDHHS representative was invited to the April 29 subcommittee hearing to offer a response to the allegations.

MDHHS told MLive it assesses every claim of abuse or neglect it receives. Since the needs of families can vary case by case, the involvement of case workers varies. In the case of a child death, the department works with law enforcement to ensure all responsible parties are held accountable.

In addition to internal reviews, MDHHS said it fully cooperates with the Office of the Child Advocate, an independent agency that investigates complaints concerning the administrative actions of agencies within the child welfare system.