CFS wrongfully left teen slain in Carman mass killing to live with man accused, mom's lawsuit alleges

A mother whose teenaged daughter was killed in a southern Manitoba community earlier this year is suing Child and Family Services claiming the provincial agency ignored "obvious warning signs" — including the teen's repeated pleas for help — before her death.

The body of Myah-Lee Gratton, 17, was found in a Carman, Man., home on Feb. 11, where she had been living since the previous spring with her foster cousin, Amanda Clearwater, as well as Clearwater's common-law partner, Ryan Manoakeesick.

Earlier that day Clearwater's body was found in a highway ditch. The bodies of their six-year-old daughter, four-year-old son and 2½-month-old daughter were pulled from a burning vehicle several hours later.

Manoakeesick has been charged with five counts of first-degree murder.

Gratton's mother, Juliette Hastings, is suing Winnipeg and Manitoba CFS authorities, alleging they were "reckless, careless and negligent" in their duty to protect the teen from harm, according to the statement of claim filed at the Manitoba Court of King's Bench on Monday.

The lawsuit says Manoakeesick had a criminal record and a known history of physical violence and instability, and alleges it was predictable that "all residents of the home were at risk of egregious harm or death." It alleges CFS ignored "obvious warning signs that [Gratton] was in danger" and at risk of violence.

None of the allegations have been tested in court. No statements of defence have yet been filed.

Victor Bargen, the lawyer representing Hastings in the lawsuit, says CFS has a "very difficult job" on every single file because each carries risks that need to be assessed with the best interest of each child and their family.

"They often get it right, they sometimes don't," he told CBC News on Wednesday.

"Usually, when they don't get it right it doesn't lead to such catastrophic events, but sometimes it does. In this case it did, and CFS have to look at how they deal with these kinds of circumstances so it doesn't happen again."

After living with her mother and her partner in Winnipeg for six months, Gratton asked to leave in April 2023, according to the suit.

Her stepfather, Lawrence Balacko, drove her to the Carman home, although Hastings disapproved and told CFS such, the suit says.

Hastings claims CFS had previous knowledge and continuing concerns about the safety of the couple's three young children.

'A chaotic state'

Gratton later informed CFS of a violent physical interaction with Manoakeesick on or about Oct. 31, 2023, and asked to be removed from the home, according to the suit.

Hastings accuses CFS of neglecting to investigate Gratton's claim to ensure her safety, as well helping her find a new home. Gratton was wrongfully left to live with Manoakeesick and Clearwater, the suit claims.

"The home was in a chaotic state. It was unsanitary. It was an unsafe placement for Myah-Lee," the suit says.

Gratton had previously been under a temporary guardianship order, and although the Indigenous teen was not in CFS care when she was killed, the suit says CFS had an ongoing responsibility to protect her.

Hastings claims in the suit that Gratton had asked a school counsellor at Carman Collegiate for help, who contacted CFS and asked that they assist Gratton with her safety concerns about Manoakeesick and "thoroughly and properly investigate" the home, but no help came.

Hastings left phone messages with CFS several times in the months leading up to Gratton's death, insisting that the teen was in danger and seeking confirmation that she would be removed immediately, the suit claims.

She had also "consistently pleaded" with CFS to arrange a wellness check for Gratton with the help of RCMP, the suit says.

'Get me out of this place'

Hastings is suing for general and special damages, as well as aggravated and punitive damages.

She accuses CFS of either not properly assessing, or ignoring, information provided by her and Gratton's high school counsellor regarding the safety concerns at the Carman home.

She says she has suffered "emotional, physical and mental hardship" as a result of CFS's failure to protect Gratton.

A provincial spokesperson declined to comment on the lawsuit since the matter is before the courts.

CBC News previously reviewed voice and text messages that Gratton sent to family and friends in the days and months before her death.

Less than a week before they were killed, Gratton told a friend in an audio recording that Clearwater had been getting "nonstop" calls from Manoakeesick, who threatened to kill Clearwater.

In a December text message to her stepfather, Lawrence Balacko, Gratton asked him to "get me out of this place dad. Please … I feel like I'm trapped in hell."

In another text sent to a friend on Dec. 9, 2023, Gratton said she had run away because she had "hurt Ryan bad." She told the friend she had left a message for her worker saying, "I need to be moved out of here."

Balacko said Gratton was depressed at the time and changed her mind about moving. He said he had never heard the audio recordings before, and Gratton never told him her safety concerns.