WINFIELD – A Culloden man blames the state Department of Health and Human Resources after his two daughters were sexually assaulted by a son he didn't know he had for 12 years.
The man, named only as a John Doe, filed the complaint Dec. 5 in Putnam Circuit Court on behalf of his daughters, named as Jane and Karen Doe. The DHHR is the only defendant.
The complaint says that abuse and neglect proceedings were instituted in 2002 against the mother of the boy, listed as J.F., in Putnam County. At the time, the biological father of the boy was not known.
But after the man was identified as a possible father to the boy, he says he voluntarily participated in a paternity test. On June 9, 2004, a court order found that the man was the natural father of J.F., who was born Sept. 30, 1991.
The man says the DHHR told him his son has been a victim of "simple neglect." Based on that fact, he says he accepted custody of the boy on Oct. 27, 2004.
The father, however, says the DHR didn't warn him of the "significant behavioral history of J.F., which included aggressive behavior toward other children, as well as a history of sexual assault and/or abuse."
As a result, the complaint says the man's daughters "were sexually assaulted, molested, harassed and/or abused by their half-sibling, J.F., before the conduct was discovered by John Doe, and J.F. was removed from the home for additional treatment."
The plaintiffs say they have suffered damages of emotional distress; mental anguish, aggravation, annoyance and inconvenience; costs of past and future psychological treatment, counseling and/or therapy; past and future medical bills; future impairment of earning capacity; past and future loss of enjoyment of life; and costs of litigation and attorney fees.
They seek compensatory damages, including pre- and post-judgment interest and other relief.
The plaintiffs are represented by Nitro attorney Thomas H. Peyton, and the case has been assigned to Circuit Judge Ed Eagloski.
Putnam Circuit Court case number: 06-C-397