Family takes legal action against county, school over alleged abuse leading to 7-year-old girl's death
They’re seeking a total of $250 million for these claims.
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The family of 7-year-old Jor’Dynn Duncan, of Bayport, who was allegedly tortured to death is now taking legal action.
A notice of claim has been filed against Suffolk County, the County Department of Social Services, Suffolk CPS and the Bayport-Blue Point School District.
A notice of claim is the first step before someone can bring a formal lawsuit against a public entity.
Jor’Dynn died in December 2025 after months of “sadistic abuse,” according to Suffolk District Attorney Ray Tierney.
State officials said Jor'Dynn was removed from the custody of her biological mother in 2019 due to alleged drug use and was placed in foster care with a family friend, where she remained for five years.
In 2024, Jor'Dynn was placed in the care of her father's fiancée, Emily Kelly.
Kelly is charged with murder in the 7-year-old’s death. Kelly’s mother and daughter are also facing charges.
According to the notice of claim, Jor’Dynn was allowed to be negligently placed by Suffolk County's Child Protective Services into Kelly's home. The notice of claim states while under Kelly's care, Jor’Dynn was subjected to "prolonged, systematic and ultimately fatal course of physical abuse, torture and neglect."
Attorneys for Jor’Dynn's family allege that the Suffolk County Department of Social Services and Suffolk County Child Protective Services failed to adequately vet and investigate the caregiver with whom they placed Jor'Dynn and failed to monitor her general well-being during the approximately one year she remained in that placement and that county officials failed to recognize and act on obvious signs of abuse.
They allege that the Bayport-Blue Point School District failed in their capacity as mandatory reporters to report the observable indications of abuse and Jor'Dynn's chronic absenteeism.
They’re seeking a total of $250 million for these claims.
"Steps could have been taken to prevent Jor'Dynn from dying and suffering," says Derek Sells, chairman of the Cochran Firm."Jor'dynn was chronically absent from school. Jor'dynn was coming to school with heavy makeup as a 7-year-old."
Jor'Dynn's mother, Portia Duncan, spoke out for the first time on Tuesday about what this loss means.
"My daughter is like my best friend and I know I was like a best friend to my daughter we spent a lot of time together we wasn't supposed to but we spent that time and I thank God I spent that time there wasn't a weekend that I missed," says Portia Duncan. "She's such a sweet, beautiful, smart, fun, girly girl. If I can turn back the time, I would have done things so much different. She wasn't protected."
Portia Duncan says she wants justice for her daughter.
"We need justice for our kids that are out in the system and that are not here any further. Justice will be served for my daughter," she said.
A spokesperson for Suffolk County said they cannot comment on pending litigation.
A spokesperson for the Bayport-Blue Point School District and Board of Education sent News 12 the following statement:
"The district has been served with a Notice of Claim. As a standard practice, the District does not comment on pending legal matters," the statement says.
