The Takoda Collins settlement resolved a wrongful death lawsuit against Montgomery County, Ohio for $3.25 million in May 2021, after the county’s Children Services agency was accused of ignoring years of warnings about the 10-year-old Dayton boy before his father tortured and killed him in December 2019. Of the total, $2.75 million came from the county’s insurance carrier and $500,000 from the county itself as a deductible, which the Montgomery County Commissioners approved in October 2021.1WDTN. $3.25 Million Settlement Agreed on for Takoda Collins Estate2Dayton 24/7 Now. Montgomery County Agrees to Pay Deductible in $3.25 Million Takoda Collins Settlement
How the Settlement Was Structured and Where the Money Went
Takoda’s grandmother hired Dayton-area attorney David Brannon in early 2020 to open an estate on the boy’s behalf. Brannon was appointed by the probate court as administrator and explained at the time that although Takoda “had zero dollars,” opening the estate was necessary to gain subpoena power and access confidential agency records through discovery.3Dayton 24/7 Now. Family of Takoda Collins Hires Attorney to Start Lawsuit Process Against Children Services
The estate, represented by attorney Michael Wright, filed the wrongful death suit in Montgomery County Common Pleas Court on October 5, 2020. The two sides announced the $3.25 million agreement roughly seven months later. The probate court directed most of the funds to Takoda’s three siblings, with smaller portions going to his mother and his grandmother.4Vocal Media. A Friend to Everyone
Wright said the county’s willingness to pay reflected an acknowledgment of responsibility. “That they deem themselves to be culpable for not protecting this child,” he told reporters, adding that the deal also included commitments to procedural changes at Children Services.5WDTN. Takoda Collins Estate Settles Lawsuit With Montgomery County for $3.25 Million County Administrator Michael Colbert said, “This payment is our deductible, but we are hoping that within this payment and the overarching settlement that Takoda’s siblings can find some peace.” Commissioner Carolyn Rice said the case “has hit all of us very hard, the entire community.”2Dayton 24/7 Now. Montgomery County Agrees to Pay Deductible in $3.25 Million Takoda Collins Settlement
A separate suit was filed in November 2020 against Dayton Children’s Hospital, alleging medical negligence and failure to report suspected abuse.6WDTN. Estate of Takoda Collins v. Dayton Children’s Hospital Complaint
What the Lawsuit Alleged Against Children Services
The complaint accused Montgomery County Children Services employees of acting “intentionally, wantonly, willfully, recklessly, negligently, maliciously, and not in good faith” in failing to carry out their legal duties. Specifically, the suit alleged the agency failed to properly investigate reports of abuse, make appropriate referrals, create a protection plan, and remove Takoda from a home known to be dangerous.7WYSO. Montgomery County Children Services Settles Takoda Collins Lawsuit
The Warnings the County Missed
Between 2014 and 2018, teachers and staff at Horace Mann Elementary in Dayton filed at least 15 complaints with Montgomery County Children Services about Takoda’s recurring bruises, neglect, and hygiene.8WYSO. Multiple Investigations Opened Into Death of 10-Year-Old Takoda Collins His father, Al-Mutahan McLean, withdrew him from school in 2018 to homeschool him, cutting off the one institution consistently monitoring him.
Police were called to the home repeatedly. In May 2018, a teacher and a caseworker requested a welfare check, but the responding officer got no answer at the door and left. In November 2018, McLean called police himself to complain that Takoda was “unruly”; officers placed the boy in a cruiser, and McLean said he would take him to Kettering Behavioral Health, but hospital records showed Takoda never arrived. In May 2019, Takoda’s mother, Robin Collins, called Dayton police from Wisconsin to report she believed her son was being abused. Officers went to the home, concluded Takoda “looked fine,” and took no further action.9WHIO. Timeline: The Tragic Life and Death of Takoda Collins
Children Services had closed Takoda’s “alternative response case” about 19 months before his death and said it had no open case on him when he died. The alternative response track was designed for reports that did not allege serious or imminent harm, focusing on caseworkers partnering with families rather than involving the courts.10Governor of Ohio. Governor DeWine Orders Review of Child Welfare Cases in Montgomery County
Prosecutors later described what the child endured inside the home: McLean punched and elbowed him, stood on his back, forced him into prolonged “punishment poses,” poured hot sauce on his body, dragged him by his ears, and threatened him with drowning. The Montgomery County Coroner compared his bruising to injuries seen in severe car accidents. His death was ruled a homicide caused by blunt force trauma, compressive asphyxia, and submersion in a bathtub.11Yahoo News. Prosecutors Detail Abuse Suffered by Takoda Collins
The Criminal Cases Ran Separately
The $3.25 million agreement is a civil settlement with the county and does not involve the three adults convicted of Takoda’s abuse and death. McLean pleaded guilty on September 8, 2021, to murder, rape, kidnapping, and child endangering, and Judge Dennis Adkins sentenced him to 51 years to life.12CBS News Pittsburgh. Three People Sentenced in Abuse Death of 10-Year-Old McLean’s girlfriend, Amanda Hinze, pleaded guilty to manslaughter and child endangering and received a minimum of 22 years.13WDTN. Sentencing in Takoda Collins Murder: Montgomery Co. Prosecutors Vow to Fix System Her sister, Jennifer Ebert, pleaded guilty to involuntary manslaughter and child endangering and received eight years.
The Reforms the Settlement Referenced
Wright said the settlement was tied to procedural changes at Children Services, and several were already underway by the time the deal was signed.
Local Agency Changes
In February 2020, after a separate infant death in Montgomery County showed “numerous similarities” to Takoda’s case, Governor Mike DeWine ordered the Ohio Department of Job and Family Services to audit the county agency’s alternative response cases from the prior six months.10Governor of Ohio. Governor DeWine Orders Review of Child Welfare Cases in Montgomery County Children Services then updated its internal policies to require caseworkers to speak with every member of a household during an investigation, re-contact people who file abuse reports, and review all prior case history regardless of whether earlier reports led to full investigations.14WDTN. Changes Made to Montgomery County, State Child Abuse Systems After Takoda Collins Death
Montgomery County Prosecutor Mat Heck issued eight recommendations in June 2020 to improve communication between Children Services and law enforcement. Heck said the changes produced a 30 percent increase in cases referred from the agency to his office.14WDTN. Changes Made to Montgomery County, State Child Abuse Systems After Takoda Collins Death
Ohio House Bill 4
State Representative Phil Plummer, a former Montgomery County sheriff, led a bill that became Ohio House Bill 4. The measure passed the Ohio House 88 to 1 in May 2021, was signed by Governor DeWine on February 28, 2022, and took effect on May 30, 2022.15Governor of Ohio. Governor DeWine Signs Bills Into Law16Ohio Legislature. House Bill 4, 134th General Assembly Its main provisions require children services agencies to share abuse and neglect reports with law enforcement, including written notice when an investigation is opened or closed; require agencies to share confidential investigation information with federal, state, and local government entities; create a Youth and Family Ombudsman Office to investigate complaints from children and families about how their cases are handled; and require that people who file reports be notified of their rights and updated when an investigation closes.
Plummer told the Dayton Daily News that “Takoda’s case is one that fell through the cracks and in Ohio we don’t want a tragedy like this to ever happen again.”17WDTN. House Bill Prompted After Takoda Collins Death Signed Into Law The Youth and Family Ombudsman Office now accepts complaints through a state website and a toll-free phone line.18PCSAO. PCSAO Agency Directory