Civil trial continues probe of DCF action in 7-month-old's death in Middletown

Testimony resumed Wednesday in Connecticut in a civil trial against the Department of Children and Families (DCF), where the family of Aaden Moreno argues the agency failed to protect the 7-month-old boy before his death in 2015.

The lawsuit claims DCF did not take sufficient action to protect Aaden from his father, Tony Moreno, who is now serving a 70-year prison sentence for killing the child by throwing him off the Arrigoni Bridge in Middletown.

On the second day of testimony, the court heard from a DCF supervisor of the social worker assigned to the case. Much of the testimony focused on a restraining order against Tony that lapsed shortly before Aaden’s death, as well as claims the agency did not act following the denial of a new restraining order.

“It was my understanding that she felt that Aaden was not safe in Tony’s custody and wanted to make sure he wasn’t neglected in any way,” Aaden’s aunt, Vivian McNeil, said.

Attorneys for the family argued DCF knew the restraining order against Tony was expiring and that a request for a new one had been denied. They claim the agency failed to adequately assess safety risks before Tony regained custody of the 7-month-old.

“Would you consider Mr. Moreno a dangerous parent?” asked Attorney Keith McCabe.

“Possibly… due to the pattern and history… possibly,” responded the DCF supervisor, Janet Cardona.

Tony regained custody of Aaden on July 3, 2015. The baby was killed two days later.

Family attorneys also argued DCF had limited contact with Tony and failed to conduct a full assessment of his household.

“The primary residence was done, in the maternal household, and that would be Ms. Oyola, so that wasn’t done with regard to Mr. Moreno?” asked McCabe.

“No,” Cardona responded.

The DCF supervisor testified that while contact with Tony was difficult, the agency attempted outreach, including one phone call, and a visit to his mother’s home. A meeting was also scheduled after the restraining order lapsed, but Aaden was killed before it could take place.

“Would it be fair to say the department planned to do further assessment and referrals to ensure the safety of the child had this tragedy not occurred?” asked Assistant Attorney General John Tucker.

“Yes,” replied Cardona.  

The state maintains Aaden was safe while in his mother’s custody, where he remained until the restraining order expired. Officials also testified that assessing a child’s risk is an ongoing process.

The caseworker testified at the start of the trial that Tony was not considered a safety risk when the restraining order expired.

But we learned on Wednesday that not all information related to concerns about Tony was shared up the chain of command within DCF.

“You are always assessing risk to the child, because that is what the job is?” asked Tucker.

“Yes,” replied Cardona.

Testimony later shifted to an economic expert, who discussed potential damage related to the loss of a child.

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