$165 million claim filed against Washington state after baby severely burned in shed fire

LAKEWOOD, Wash. — A Pierce County family filed an explosive claim against Washington state on Thursday claiming social workers bungled oversight of a vulnerable child.

Five-year-old Leo Strode was severely burned as a baby while living with his biological parents. Now, his adoptive family has filed a $165 million claim for damages against the Washington State Department of Children, Youth and Families (DCYF).

The fire happened on May 25, 2020. A backyard shed burst into flames outside an Oakville home and quickly exploded into tragedy. The 9-month-old baby everyone called Bubby was in the middle of the fireball.

A Grays Harbor County Sheriff’s Office deputy recorded an interview with the child’s father, who described it as a big ball of fire.

"There was fire all around, the whole inside of the building was on fire," the father said. "I knew my baby was in there, so I ran in there and I opened the other door. It was even hotter."

A witness who was also interviewed by deputies said Bubby had been alone and was surrounded by several portable heaters.

"I’m pretty sure the fire started with those heaters,” the woman said on the recording.

"The heaters?" the deputy asked.

"Yeah, and probably all their garbage they had in there," she responded. "Yeah, and clothes. It was gross."

Bubby was airlifted to the burn unit at Harborview Medical Center, which turned into his home for the next three months. While he went through his first 19 surgeries for skin grafting and to amputate burned fingers and toes, the state looked for a foster family.

David and Sarah Strode have a history of fostering medically fragile children and signed up to care for Bubby.

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“Your heart just kind of ached like every time you were caring for him," Sarah Strode said. “Every time I was doing the wound care, my heart just like kind of broke every single time.”

Bubby needed extensive wound care twice a day, eye drops around the clock because his eyelids burned off, medication, and doctor and therapy appointments.

Bubby is one of eight children in the Strode family, and they needed to reshape their lives around his needs.

Now 5 years old, Bubby is an energetic, outgoing boy, but he faces a lifetime of surgeries and physical and psychological challenges.

“I think like once we had the document showing us what he experienced even before the fire, it's just like all this all makes sense," Sarah Strode told KOMO News.

By "the document," she means Bubby's case file from DCYF provided as part of the adoption proceeding and reviewed by KOMO News.

"There was like red flag, red flag, red flag, red flag, and nobody ever did anything about it," Sarah Strode said.

The Strode’s learned DCYF was notified about Bubby before birth. Documents show his mother was described as a known drug user and tests revealed Bubby was born with methamphetamine in his system.

David Moody, the Strode family's attorney, said the Washington State Department of Social and Health Services (DSHS) didn't do its job.

"They were receiving warnings from people in the community, from a gas station attendant, from physicians, from a police officer that the parents were entirely unfit to care for Bubby,” Moody told KOMO News. “Three separate investigations were opened and DSHS didn't do anything during these investigations.”

The case file details multiple attempts to find Bubby and his parents, sometimes with help from law enforcement. At some meetings, Bubby was described as "healthy and clean" or smiling and appropriately dressed. But Bubby’s parents got harder to track down. There were reports the parents were using drugs, shouldn't have a child, and they missed a meeting with Child Protective Services.

"They have an obligation to go out and look at the child's living situation and to create what's called a safety plan," Moody said. "These aren't aspirational. This isn't a wish list. These are mandatory obligations and DSHS didn't do any of that. Had DSHS gone out, it would have been obvious, obvious that this was a terrible living situation."

While the Strode’s fight for Bubby's future, they have already won a major battle.

In February, David and Sarah Strode officially adopted the child. Leo Strode, who everyone still calls Bubby, doesn't let his burns hold him back.

“He wants to do everything,” David Strode said. “He wants to just be a part of everything, and he is. He adapts so well.”

Bubby's siblings include his oldest sister, Addie. Now 17, Addie was burned in a campfire accident as a child.

"I just hope he knows that someone went through the same thing as him, and he can relate to me and always come with me with his concerns and issues," Addie said.

She is now looking to become a physical therapist, specializing in children.

"Bubby is pretty much the reason for this just because I was, I loved being so involved in helping him eat and helping him crawl and walk and speak and all those things," Addie said.

Bubby's lingering fears include heat and being alone. While there are many uncertainties and challenges ahead in Bubby's life, being alone is no longer one of them.

DCYF has 60 days to respond to the tort claim. A DCYF spokesperson told KOMO News they “cannot comment” on Bubby’s case file due to state and federal privacy laws. They also could not comment on the legal action.