How Could You? Hall of Shame-Avery Habelitz case-Child Death and Lawsuit
This will be an archive of heinous actions by those involved in child welfare, foster care and adoption. We forewarn you that these are deeply disturbing stories that may involve sex abuse, murder, kidnapping and other horrendous actions.
From San Bernardino County, California, foster child, Avery Habelitz, 4, died on December 23, 2025.
“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.”
[Panish Law 7/16/26]
“The lawsuit alleges Avery was removed from her parents’ home and placed in foster care in Apple Valley, despite an individualized behavioral treatment plan calling for 32 hours a month of one-on-one behavioral therapy, 50 hours of social skills training, 20 hours of supervision and 15 hours of oversight by a board certified behavior analyst.
Those services ceased after she entered foster care and were never resumed despite repeated warnings that interrupting treatment could worsen her self-injurious behaviors and other developmental challenges, according to the lawsuit.
Sometime between 12:30 and 2:30 a.m. on Dec. 23, 2025, Avery woke up crying and, according to the lawsuit, repeatedly banged her head against furniture and was restrained by her foster mother, who allegedly bound both legs into one pajama leg, confined her arms inside a hooded sweatshirt and placed a protective helmet on her head, then covered it with the hood of the sweatshirt to prevent Avery from removing the helmet, according to the lawsuit.
When the girl’s foster mother checked on her at 10 a.m. that morning, the suit alleges, Avery was unresponsive, struggling to breathe, and soaked in sweat — her skin wrinkled from perspiration. She was taken to St. Mary Medical Center in Apple Valley, and then to Loma Linda University Children’s Hospital in “profound shock.” She was pronounced dead at 6:47 p.m.
The coroner determined Avery’s cause of death was combined hyperthermia with positional restraint, with the manner of death listed as undetermined, according to the lawsuit.”
Lawsuits allege years of child abuse, torture and death in San Bernardino County foster homes
[SB Sun 7/22/26 by Joe Nelson]
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