Father of Elijah Lewis sues New Hampshire over 5-year-old’s death
By Kelly O’Brien
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CONCORD, New Hampshire (WMUR) — The father of a 5-year-old boy who died while in the custody of his mother and her boyfriend is suing the state of New Hampshire, saying officials should have known that his son was in danger.
Elijah Lewis was reported missing in October 2021. The 5-year-old boy’s remains were discovered later that month, buried in a state park in Abington, Massachusetts, and the medical examiner ruled that the boy died from violence and neglect.
Elijah’s father, Timothy Lewis, is suing the state, saying it should have known the danger Elijah was in under the care of his mother, Danielle Dauphinais. The lawsuit alleges that Dauphinais told Elijah’s caseworker that he had behaviors she couldn’t cope with.
It goes on to say there was no additional investigation after concerns were raised about Elijah’s safety.
“Nobody else can do this. Nobody else can do this work,” said Neil Nicholson, Lewis’ attorney. “It is the responsibility of (the Division of Children, Youth and Families) to conduct this investigation and to engage in this work.”
Dauphinais pleaded guilty Thursday to second-degree murder and witness tampering. She is scheduled to be sentenced in October.
A hearing was also held Thursday on Lewis’ lawsuit. New Hampshire filed a motion to dismiss part of the lawsuit that claims the state breached its fiduciary duty.
“Normally, a fiduciary relationship arises either from an affirmative agreement to a relationship or special standing of trusts, such as banks, attorneys and so forth,” said Rory Miller, of the attorney general’s civil bureau. “That doesn’t really exist here.”
The state told the court it’s not downplaying Elijah’s death or disputing the negligence claims.
“There is going to be a discussion about the standard of care – what the standard of care is, what was it met, was it breached, what should have been done,” Miller said. “That’s different than saying there’s a fiduciary obligation of duty, loyalty and care.”
The judge said he would take the issues under advisement and issue a written order.
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