Lawsuit reveals New Hampshire's child protective services failure to safeguard children after Harmony Montgomery's death

By SRUTHI GOPALAKRISHNAN

Monitor staff

Published: 09-17-2024 5:41 PM

Efforts to bolster child protective services in New Hampshire over the past decade didn’t do enough to save the life of 5-year-old Harmony Montgomery, according to a lawsuit filed by the girl’s mother.

Harmony, who died at the hands of her father, has a story that’s far from unique.

The lawsuit accuses New Hampshire’s child protective services of negligence in the months leading up to her death, citing their failure to address clear signs of physical abuse, delay in intervention, and dismissal of complaints from neighbors and family about her living conditions.

In 2014, three-year-old Brielle Gage from Nashua suffered severe abuse – eight fractured ribs, extensive bruising, and bleeding in her brain – before her death. Her mother Katlyn Marin was sentenced to 45 years to life.

In 2015, 21-month-old Sadee Willott died of blunt-force trauma to the head, a fate brought about by her mother, Kaitlin Paquette.

In all these instances, the state’s Division for Children, Youth and Families was notified of the abuse and failed to act on clear warning signs to protect the children.

In the years that followed, the agency worked to reduce its high caseloads, slow staff turnover, and improve the effectiveness of investigations that left vulnerable children in abusive environments.

Records show that Harmony is one of at least nine children who have died since 2011 after having previous interactions with DCYF.

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“We are going to hold the State of New Hampshire accountable for Harmony’s senseless and preventable death, shine a light on the systemic failures in her case to prevent future tragedies, give Harmony the voice that she never had, and get Harmony the justice that she so deeply deserves,” said Attorney Rus Rilee, representing Crystal Sorey, Harmony’s mother. “Too many vulnerable children are being injured and killed while under the watchful eye of the State, it has been happening for way too long, and something needs to be done to stop it - enough is enough.”

In May, Adam Montgomery was sentenced to a minimum of 56 years in prison after he was convicted of murdering his daughter and concealing her body. Investigators believe Harmony was killed nearly two years before her disappearance was reported in 2021 during the pandemic.

Her body has yet to be found.

Before her death, Harmony lived with Adam Montgomery and his wife Kayla Montgomery in Manchester.

One of the failures highlighted in the lawsuit involves a visit by Kevin Montgomery, Adam Montgomery’s uncle in July 2021. During the visit, Kevin noticed that Harmony had a “vibrant” black eye, with bruising extending from her cheekbone to her nose and temple.

Kevin reported the injuries to the state, but instead of prioritizing the child’s safety, authorities focused on questioning the accuracy of when the bruising was observed.

In DCYF’s call report, Kevin expressed frustration and said, “This is why children die,” and “this child was punched clear in the eye socket with full force.”

The lawsuit also points to a subsequent visit by Demetrios Tsaros, the social worker assigned to the case. Tsaros conducted an unannounced check on the Montgomery household but failed to interview Harmony or closely assess her condition.

Instead, he briefly observed Harmony and her father, Adam Montgomery, as they got into a vehicle and left the residence. Tsaros, who had known Adam since his teenage years as his youth counselor in the DCYF system, noted in his report that he did not “observe any concerns.”

Nine days later after the first home visit when Tsaros met Harmony, he observed a “red mark” in her eye and faded bruising under her lower eyelid, Tsaros did not interview Harmony, or take any action.

Despite these observations, he did not interview Harmony or take any further action, the lawsuit states. Tsaros also discovered drug paraphernalia in the home but was told it belonged to Alex Call, a friend of Adam Montgomery and his wife Kayla who had recently relapsed and was staying with them.

After this visit, Tsaros recorded in the Contact Log that he had emailed the Manchester Police Department, stating, “I think you folks are all set. I saw the children and did not observe any bruises, marks, etc.”

Tsaros was one of the child protection service workers interviewed by the Monitor as part of its Fatal Flaws series in 2017, where he advocated lower caseloads to more effectively do his job. He was one of the division's senior staffers who said he was passionate about helping families.

The lawsuit paints a harrowing picture of neglect and abuse, despite numerous red flags raised by family, friends, and neighbors. Reports described the child being locked in her room for hours on end, denied food, and subjected to corporal punishment. Witnesses observed frequent, violent outbursts in the home, marked by screaming, loud crashes, and objects being hurled out of windows.

Despite these alarming reports, social workers never took the crucial step of interviewing Harmony herself, the lawsuit states.

Following a loss of custody by her mother, state officials in Massachusetts and New Hampshire worked together to place Harmony in the care of her father in Manchester

The lawsuit contends that this transfer of custody, combined with the state’s inaction, led to Harmony suffering “serious physical and emotional abuse and neglect” and “beatings that caused serious injury and death.”

Sruthi Gopalakrishnan can be reached at sgopalakrishnan@cmonitor.com