CHANDLER GRAFNER - 7 yo (2007) - Denver CO

http://www.kdvr.com/news/kdvr-judge-lack-of-intervention-in-boys-death-outrageous-shocks-the-conscience-20111207,0,5503714.story

DENVER -- A Denver federal judge has cleared the way for a lawsuit to go forward on behalf of the family of a little boy who died as a result of child abuse by his foster parents.

Foster parents Jon Phillips and Sarah Berry were convicted of killing 7-year-old Chandler Grafner in May of 2007 by locking him in a closet and depriving him of food and water until he died.


According to a lawsuit, filed on behalf of the boy’s estate and his biological parents, Jefferson and Denver Human Services departments and two Denver employees specifically, were repeatedly told about the abuse but failed to take action.

The agencies have governmental immunity from being sued, but Wednesday the Judge ruled the two employees did not have the same immunity, because their failure to take action was so outrageous it “shocks the conscience.”

http://www.kdvr.com/news/kdvr-grafnermom-050609,0,585188,print.story

Poster's Note: This background story is from Spring 2009

A modest head stone marks the tragic death of seven year old Chandler Grafner. But really honoring his memory, his mom says, means holding some one accountable.

Christina Grafner spoke exclusively to FOX 31 on the second anniversary of Chandler's death.

"I have pictures of my son up all over my house and I talk to him and stuff, because he still deserves that," Grafner told us.

Christina Grafner lost custody of Chandler and his brother Dominick in 2006 after serious concerns about how she was taking care of the boys.

Jefferson County placed them with Jon Phillips, Christina's former boyfriend, and Dominick's father. But there were indications, almost immediately, that the boys weren't safe.

"They took him from me and put him in a much worse environment obviously," Grafner said.

In 2006 and 2007, Chandler's elementary school called Denver Human Services up to 4 times saying he was injured, and was likely being abused.

Human Services investigated, but sent Chandler back to Phillips and his girlfriend Sarah Berry

"I was so mad. I'm still so mad, because they could have prevented it, this did not have to happen," Grafner said

On May 6th, 2007, Chandler was found starved to death. He had been locked in a closed, living in his own waste by Phillips and Berry.

Both were tried and convicted.

Christina Grafner is now suing Denver and Jefferson counties, saying they should have seen the warning signs and intervened.

"They chose to let my sons go back to an abusive situation, and this is what happened," said Grafner.

Denver's Department of Human Services said in a statement Wednesday:

"We will vigorously contest this lawsuit. The people responsible for Chandler's death have already been convicted."

Jefferson County declined to comment for this story.

"My whole goal out of this is a public apology…is for someone to admit that they did not do their jobs," Grafner said.

The lawsuit states that all funds, if awarded, will go to caring for Christina Grafner's other son, Dominick and to help other abused children.

Christina hopes to regain custody of Dominick in the near future.