Panish | Shea | Ravipudi LLP attorneys Pete Kaufman, Wyatt Vespermann, and Mariah Ogden, together with Jack H. Anthony and Rebekah Yabko of the Law Offices of Jack H. Anthony, have filed a lawsuit on behalf of the parents of Avery Habelitz, a four-year-old autistic girl who died while in foster care. The wrongful death lawsuit, filed against the County of San Bernardino, multiple county social workers, and two foster family agencies, alleges the defendants failed to provide the specialized care Avery needed despite repeated warnings about her extraordinary needs.
Avery Habelitz was a nonverbal child with severe autism who relied on intensive Applied Behavior Analysis (ABA) therapy and services through the Inland Regional Center before entering foster care. Plaintiffs allege those medically necessary services were discontinued after she was removed from her parents’ care in September 2025 and never restored, despite repeated warnings from caregivers and providers that Avery required constant supervision, specialized placement, and a substantially higher level of care.
The lawsuit further alleges county personnel repeatedly ignored written warnings that Avery’s foster placement could not safely meet her needs and failed to provide the coordination, oversight, and specialized services required under California law. Plaintiffs allege these failures culminated in Avery’s death on December 23, 2025, while in foster care. According to the complaint, the San Bernardino County Coroner determined her cause of death was “combined hyperthermia with positional restraint.”
In a joint statement, Avery’s parents, Jeremy Habelitz and Kaitlyn Morrow, said: “Avery was our little girl and she was full of love, determination, and joy. When she was placed into protective custody, we believed she would receive the care and protection she needed. Instead, we lost our daughter. We are bringing this lawsuit because Avery deserved better, and because we hope no other family has to endure the heartbreak we now live with every day.”
“The child welfare system exists to protect children who cannot protect themselves,” said Wyatt Vespermann of Panish | Shea | Ravipudi LLP. “Avery’s caregivers, treatment providers, and even the foster parents themselves repeatedly warned that she needed a higher level of care. Those warnings were not acted upon until it was too late and we intend to hold every responsible party accountable.”
Jack H. Anthony added: “When the government removes a child from her parents, it assumes a legal duty to protect that child. That legal duty was repeatedly breached despite clear warning signs that Avery required specialized care. This was an entirely preventable tragedy.”
The lawsuit seeks to hold the County of San Bernardino, individual county employees, and two foster family agencies accountable for what plaintiffs allege were failures to provide the care, oversight, and protection Avery required after she entered protective custody. The complaint asserts claims including wrongful death, negligence, and violations of mandatory child welfare duties imposed under California law.