Avery Jacob, a Crystal Lake teen who was at the center of criminal charges against her mother and stepfather, died while their cases were pending.
Now the girl’s older brother is suing the nonprofit DCFS contractor in charge of her foster care, into which she was placed after charges were brought against her mother and stepfather.
Anthony Ruiz, 23, filed the wrongful death lawsuit in McHenry County court on Jan. 26, four days before the statute of limitations expired. He is suing Youth Service Bureau of Illinois Valley Inc. in excess of $50,000. The nonprofit social services agency is a contractor with the Illinois Department of Children and Family Services.
On Feb. 2, Judge Kevin Costello appointed Ruiz as the special administrator of his deceased sister Avery’s estate, records show.
On Jan. 26, 2023, Avery was removed from the Crystal Lake home where she lived with her mother, Corrine Breskovich, and Breskovich’s husband, Christopher Hopp. Avery was removed after reporting to authorities that she was being secretly filmed by Hopp.
An investigation of the home they shared led to Breskovich and Hopp being charged with drug and gun felonies. Prosecutors also accused Hopp of propping up a camera disguised as a pen and secretly filming the teen when she was nude in the bathroom, prosecutors said.
Avery was placed into “kinship foster care,” meaning she was related to the person she was living with. Documents do not show the name of the persopn she was living with when she died.
Ruiz claims in the lawsuit that “on multiple occasions,” Avery’s mother “expressed concerns” about the 16-year-old during her time in foster care. He asserts the Youth Service Bureau knew his sister had a history of mental health issues, illicit drug use, suicide attempts and self-harm.
In June 2023, Avery’s mother told her case worker and their supervisor that she had “grave concerns” for her daughter’s safety “in her foster placement because [her] mental health problems, such as addiction was not being adequately managed and/or treated,” according to the lawsuit.
The teen also posted alarming statements on social media that the Youth Service Bureau was aware of, the lawsuit asserts.
The agency knew the teen “had a history of engaging in high-risk behavior,” according to the lawsuit. Yet, Ruiz said, the caseworker and their supervisor “failed to take any action.”
In December 2023, Ruiz said in the lawsuit, Avery’s mother told the Youth Service Bureau her daughter “had been admitted to a hospital emergency room for an overdose from illicit narcotics.” But, the lawsuit states, the agency did not investigate, and within days of the girl’s hospitalization, she was dead.
On Jan. 31, 2024, Avery died of an accidental drug overdose, the lawsuit and authorities said.
Ruiz said Youth Services Bureau “had a common law duty ... contractual duty ... to protect [Avery’s] health, safety and best interests,” and they failed to do so.
The lawsuit seeks in excess of $50,000 from the Youth Service Bureau.
Attempts to reach Ruiz’s attorney, who filed the lawsuit, the Youth Service Bureau and DCFS were not successful. The Youth Services Bureau has not filed a response to the lawsuit.
In June, Hopp pleaded guilty to unlawfully possessing 50 to 200 grams of psilocybin, a Class 1 felony, and unauthorized video recording, a Class 4 felony that his defense attorney indicated was done out of his concern for her safety. He was sentenced to 180 days in jail and 48 months probation.
Breskovich pleaded guilty to possession with intent to deliver 50 to 200 grams of psilocybin and was sentenced to two years’ probation, according to records in her file.