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New party named in civil lawsuit for one of Spokane's worst child abuse cases

by KREM.com

KREM.com

Posted on August 30, 2010 at 3:35 PM

Updated Thursday, Sep 2 at 10:50 AM

SPOKANE-- A civil lawsuit is uncovering new details about a deadly Spokane child abuse case. Local authorities called it one of the worst cases ever.

Summer Phelps died three years ago. Her father and stepmother are serving time for her torture and death. While Jon and Adriana Lytle keep fighting for their freedom, Summer’s attorneys are trying to hold state and local agencies accountable.

Summer Phelps’ death triggered a community wide response to child safety. But as recently as this summer, Jon and Adriana have tried to convince judges to reduce their sentences.  Jon Lytle is still in the state appeals court. He has 74 more years in prison. Adriana Lytle pleaded guilty in January 2009. Her appeal of a 62 year sentence was finally denied by the Washington State Supreme Court two months ago.

Hanging over the Lytles, Washington Child Protective Services, and other agencies is the massive lawsuit they all face. Cynthia Novoyny is Phelps’ attorney. She says if CPS had properly investigated the CPS referrals on Summer, it would most likely not have allowed Summer to reside in Jon’s abusive home and then Summer would not have been subjected to torture and death.

Earlier this year, the lawsuit added a new party, Family Home Care. It had a representative at the Lytle home the day before Summer died. Novotny says Summer was not present, she was hidden by her dad outside the home and Adriana was very guarded about where Summer and her dad were.

Between 2002 and 2007, CPS had 7 referrals on Summer Phelps, none were investigated. That is the core of the lawsuit, which goes to trial April 2012. Summer’s mother is seeking $15 million in damages from the Lytles.

Family Home Care did not return our phone calls today. A spokesman for DSHS said he could not comment on the lawsuit. He referenced a fatality review that showed “No serious practice issues” but added 5 changes have been made to CPS since Summer’s death.

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