MELVILLE, NY — Months before 7-year-old Jor'Dynn Duncan died after prosecutors say she endured prolonged abuse in a Bayport home, she told school officials that her caregiver had hit her and thrown food at her, according to a federal lawsuit filed Tuesday.
The disclosure was relayed to Suffolk County Child Protective Services, but officials allegedly failed to initiate a formal abuse investigation or inform the girl's mother or a Family Court judge before consenting to give her accused caregiver sole custody in April 2025, the lawsuit contends.
Jor'Dynn died Dec. 29, 2025, after suffering what prosecutors described as months of systematic abuse and torture. The Suffolk County Medical Examiner's Office documented approximately 90 injuries on her body.
Her family filed a 44-page lawsuit Tuesday in the U.S. District Court for the Eastern District of New York against Suffolk County, the Bayport-Blue Point Union Free School District, several county and school employees, and three women charged in connection with her death.
The Bayport-Blue Point School District has previously declined to comment on the pending legal action, citing privacy concerns. A statement from school district Superintendent of Schools, Robert Haas stated the district is unable to comment due to pending litigation. The county did not immediately respond to a request for comment.
Speaking during a news conference in Melville, Jor'Dynn's mother, Portia Duncan, expressed outrage over what she said she learned about her daughter's treatment.
"I'm pissed," Duncan said. "I don't have my daughter anymore. I'm pissed."
Duncan said she had never been informed of her daughter's allegations against Emily Kelly, the fiancée of Jor'Dynn's incarcerated father, who had been approved as the child's caregiver.
"I didn't know anything that was going on," Duncan said. "Apparently CPS knew, the school knew. I didn't know."
According to the complaint, Jor'Dynn was placed in Kelly's home on Dec. 4, 2024, after spending several years in foster care.
On Jan. 22, 2025, the then-6-year-old told a counselor at Academy Street Elementary School that Kelly had slapped her shoulder and thrown food at her at home five days earlier, the complaint states.
Jor'Dynn also reportedly told the counselor that another young child living in the home was being hit.
School counselor Tiffany Morici documented the disclosure and contacted a county caseworker along with Principal Lorie Beard, according to the lawsuit.
The complaint cites school records indicating that Jor'Dynn later confirmed to the caseworker that Kelly had hit her.
Kelly reportedly told the caseworker that she had smacked Jor'Dynn's arm while attempting to stop her from making herself vomit.
The lawsuit alleges the caseworker accepted Kelly's explanation without opening a formal child protective investigation or notifying the State Central Register of Child Abuse and Maltreatment.
"The school told CPS. CPS hid that fact," attorney Derek Sells of The Cochran Firm said Tuesday. "They didn't tell the judge. They didn't tell Portia."
Sells said the legal team's investigation uncovered records showing that the school contacted CPS about Jor'Dynn's allegations, but corresponding documentation was missing from the CPS records provided to the attorneys.
"There's nothing in the CPS records that would even indicate that that happened," Sells said.
The lawsuit also states school personnel observed additional warning signs in the weeks following Jor'Dynn's initial disclosure.
On Feb. 5, a school nurse documented marks on Jor'Dynn's face, including a small darkened mark near her cheek and a longer linear mark near her mouth.
When the nurse suggested contacting Kelly, Jor'Dynn reportedly asked her not to, expressing fear that Kelly would become angry, according to the complaint.
Later that day, the girl denied having been hit or injured, the lawsuit states. Duncan's legal team questioned why the incident did not prompt further investigation.
"If that's not a red flag, I don't know what is," attorney Heather Palmore said.
Despite the allegations, Suffolk County consented to Kelly receiving sole legal and residential custody of Jor'Dynn during an April 9, 2025, Family Court proceeding, according to the lawsuit.
The complaint alleges county officials did not inform the judge, Duncan or her attorney that Jor'Dynn had previously reported being hit by Kelly.
Duncan agreed to the custody arrangement, which left her visitation at Kelly's discretion, without knowing about her daughter's statements, the filing contends.
Suffolk County's Department of Social Services closed Jor'Dynn's case the following day, ending its direct oversight.
Duncan said she had requested Kelly's address before her daughter was placed in the home but was denied the information. Duncan recalled briefly speaking with her daughter by phone and arranging a visit that ultimately did not happen.
"I did ask for Emily to make sure that I got my visitation," Duncan said. "She promised me I would."
The complaint alleges Kelly did not permit Duncan to see Jor'Dynn in person again.
The lawsuit contends the Bayport-Blue Point School District failed to recognize and report signs of educational neglect as Jor'Dynn's absences increased.
According to the filing, Jor'Dynn missed 29 school days during approximately 10 weeks after the county closed her case, including 13 consecutive school days in May 2025.
She missed another 18 days between September and December 2025, the complaint states.
Kelly offered explanations ranging from illness and family emergencies to out-of-state travel, but school officials allegedly failed to obtain adequate documentation or investigate the absences.
The district also allegedly failed to act after Kelly discontinued Jor'Dynn's school counseling and falsely claimed she was receiving private therapy.
"What the school did is that they contacted the caseworker in CPS," attorney Marjorie Mesidor said. "That's not the protocol."
In October 2025, Jor'Dynn's teacher told Kelly, "You are doing an amazing job with her," according to the complaint.
The lawsuit alleges school officials failed to report signs of possible abuse and neglect, despite Jor'Dynn's earlier disclosures, documented injuries and repeated absences.
The lawsuit also alleges county officials inadequately investigated Kelly's background before approving her as Jor'Dynn's caregiver.
The filing cites longstanding problems within Suffolk County's child protective system, including previous findings of inadequate investigations and risk assessments.
Attorneys drew comparisons to the death of 8-year-old Thomas Valva in 2020, arguing that reforms promisedafter his death had failed to prevent another tragedy.
"This was a complete and total system failure from the top down," Palmore said.
Kelly, her mother, Barbara Renner, and Kelly's adult daughter, Elyssa Seymore, were arrested in May on charges related to Jor'Dynn's death.
Kelly faces a second-degree murder charge, while Renner and Seymore face other charges. All three have pleaded not guilty.
Prosecutors allege the women documented portions of the abuse through photographs, videos and text messages.
The family's attorneys announced a $250 million notice of claim in July, preceding the federal lawsuit. The new complaint seeks compensatory and punitive damages but does not specify a dollar amount.
"I pray after this with my daughter that it doesn't happen for anybody else's child," Portia said.
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