A state official determined Monday that lawyers for the Waterbury man allegedly held captive by his stepmother will be able to see portions of an internal report into how the state's child welfare agency handled his case.
The alleged victim, who now identifies as S, is pursuing a legal claim against the state. His lawyers allege failures years ago by the Department of Children and Families caused him to endure decades of abuse.
Connecticut’s claims commissioner, Robert Shea, Jr., who is now weighing the case, said lawyers for the victim must be granted access to parts of an internal review completed last year by DCF.
Shea met virtually Monday with lawyers for DCF and the alleged victim to discuss pending motions by the parties. Lawyers for the state have asked Shea to dismiss the case, arguing the time limit has passed to bring a complaint. Lawyers for the victim are seeking access to additional records that describe DCF's past involvement with the family.
"It's mind-boggling to think in this case that DCF could have been called 20 times to the home where this young man was held captive and they did nothing about it," his attorney, Joel Faxon, said, referring to comments by a former Waterbury school principal.
The principal said previously in a media interview that school officials notified DCF numerous times of their concerns about the victim's well-being when he was an elementary school student.
Assistant Attorney General John Tucker, who represents the state, argued the claim should be dismissed because it falls outside the three-year time limit established by state law.
DCF's last contact with S and his family was in 2005, Tucker said. S filed his claim in 2026, more than two decades later.
State law generally requires claims against Connecticut to be filed within one year after an injury is sustained or discovered and no more than three years after the act or event occurred.
But Faxon argued S couldn't have filed a claim while he was still allegedly being held captive in his home.
Faxon and attorney Brittany Cates want the state to turn over documents that will help determine whether DCF had an ongoing duty to S that could affect when the clock began running on his claim.
Shea determined Monday that they should be allowed to explore that argument by reviewing more material from DCF.
At the center of that dispute is an internal DCF review of the agency’s handling of S’s case, which came to light through a public records request by Connecticut Public.
Tucker argued Monday the entire document must be withheld under a broad state confidentiality law. He denied a claim by the victim's lawyers that DCF is attempting to conceal its past work, and said the agency has turned over what it can legally disclose.
S's conservator previously requested DCF records and was initially told none existed because they had been destroyed, Faxon said. Months later, the agency produced about 140 pages of partially redacted records, he said.
After the conservator filed the claim on S's behalf, Faxon and Cates sought additional records through discovery. In June, DCF provided about 240 pages with heavy redactions — sometimes spanning entire pages, Faxon said.
"Our claim is based effectively on the public statement of DCF," Faxon said. "We’ve been provided virtually nothing in this case."
Even after Shea requested the internal review be handed over, Tucker said the state would object.
In response, Shea directed the attorneys to come to an understanding about what portions of the report are protected from disclosure, and what can be shared under strict seal between the parties.
"Everyone knows about this document," Shea said. "It's got to be looked at."
Shea said he wants the dispute resolved quickly so S’s lawyers can formally respond to the state’s motion to dismiss. The commission will then determine whether it has jurisdiction to hear the claim.
Police allege the victim was confined in a small room that was locked from the outside for more than two decades by his stepmother, Kimberly Sullivan. Sullivan has pleaded not guilty to charges including kidnapping and assault.
DCF investigated six reports about the victim's well-being between 1996 and 2005, but didn't remove him from his family's home.
The victim told investigators his family pulled him out of school in fourth grade after school officials contacted authorities about his behavior, including eating food out of the garbage due to hunger.
DCF said previously that it lacked sufficient evidence to intervene, despite receiving numerous reports regarding the boy's well-being. According to the agency, staff assessed the home and observed whether food was available. An investigator also spoke with the child's pediatrician, who expressed no concerns.
