The grandmother of a 14-month-old girl who died last year of a fentanyl overdose has sued Riverside County and three social workers, alleging they failed to remove the child from her drug-addicted mother despite warnings from hospital staff.

Hazel Yoshida, the paternal grandmother of Allison Kittrell, filed the lawsuit Monday, June 21, in U.S. District Court in Riverside alleging wrongful death, negligence and breach of mandatory duties. Police said Allison died on June 7, 2020, after she was exposed to trace amounts of fentanyl in her parents’ Riverside apartment.

Named as defendants in the lawsuit are social workers Marlene Zaragoza and Alejandra Juarez-Espinosa and their supervisor, David Purcell.

“As a result of what they didn’t do here — as a result of their failure to act — this kid is dead. I pin it on them,” said Yoshida’s attorney, Shawn McMillan.

Staff at Loma Linda University Medical Center, according to the lawsuit, contacted the Riverside County Department of Public Social Services on Feb. 20, 2019, two days after Allison’s birth, and alerted them that the newborn had tested positive for amphetamines, barbiturates and opiates, as did her mother, Tehra Waite.

Zaragoza and Juarez-Espinosa were assigned the case; Zaragoza was the lead investigator.

Warned about mother’s drug abuse

Waite, according to the lawsuit, had a history of methamphetamine, heroin and fentanyl abuse, had used drugs throughout the duration of her pregnancy and sought no treatment for her addiction. She had been admitted to Loma Linda University Medical Center on multiple occasions for drug-related problems in the months prior to Allison’s birth, and on one of those occasions left the hospital, against medical advice, only to return a few days later.

Waite admitted during an interview she smoked methamphetamine twice and heroin once within 10 days prior to giving birth to Allison, according to the lawsuit.

Zaragoza and Juarez-Espinosa also learned during their investigation that Waite had not bought baby food, a bassinet, clothes or diapers for her baby before she was born. Hospital staff cautioned Zaragoza about Waite.

“They expressly told her that Ms. Waite has not been forthcoming and they were concerned she could not be trusted,” according to the lawsuit.

Newborn allowed to stay with mother

But instead of seeking a court order to detain Allison or have the newborn placed in the custody of a relative, the social workers — with agreement by their supervisor, David Purcell — allowed the child to be with her mother. They allowed Waite to participate in a “voluntary safety plan” that included refraining from drug use.

As early as March 4, 2019, however, Zaragoza had been informed that Waite had not been participating in her program and failed to report for a scheduled drug test. During an in-home visit on March 13 that year, Zaragoza told Waite there were possible consequences for failing to adhere to her program, according to the lawsuit.

Purcell and Zaragoza did not report Waite to police, left Allison in the care of her heroin-addicted mother, and closed the case on March 18, 2019, according to the lawsuit.

“With Purcell’s approval, the case was closed, with no alerts applicable,” McMillan said.

More than 14 months later — at about 8:15 p.m. on June 7, 2020 — Riverside police responded to a 911 call made by Waite to her apartment, in the 3400 block of Ramona Drive, after Allison stopped breathing, Officer Ryan Railsback said.

A responding police officer performed CPR on Allison until paramedics arrived and took her to the hospital, where she died, Railsback said.

Fentanyl blamed for death

Detectives found evidence of drug use in the apartment, and it was later determined that Allison died from a fentanyl overdose. Trace amounts of the synthetic opiate were found in different places in the apartment, including on the couch, Railsback said.

Waite and Allison’s father, Collin Kittrell, were arrested on Oct. 19 and Oct. 8, 2020, respectively, and charged with murder and child abuse. A preliminary hearing is scheduled for July 1 in Riverside Superior Court.

“This was a very sad and tragic case, and, of course, it should have never happened,” Railsback said.

County: No comment

Riverside County spokeswoman Brooke Federico said the county has not yet been served with the complaint and could not comment on the case.

“Our social workers are dedicated to best practices and keeping children safe. We are saddened when a child suffers an untimely death and reflective about the circumstances surrounding that death,” Federico said in an email. “Our hearts go out to Allison’s family and loved ones.”

McMillan believes the facts of the case not only warranted the removal of Allison from her mother, but necessitated it, at least until Waite could get herself clean.

“This was one of those circumstances where there was an emergency,” McMillan said. “Instead of filing a petition or seeking a (court order), which is what the social worker should have done, she cut the kid loose to the mother and said, ‘Go take some drug classes.’ ”