The mother of a 7-year-old girl who died following a year of alleged abuse is suing Suffolk County and local school officials, claiming they failed to protect her daughter. Portia Duncan alleges that county officials placed her daughter, Jor’Dynn Duncan, into the custody of her father’s fiancée, Emily Kelly, in December 2024, leading to the child's death in December.
The lawsuit, filed July 5 in Suffolk County court, seeks $250,000 in wrongful death damages. "Today is the first step toward getting justice for Jor’Dynn," said Derek Sells, attorney for the mother. "We will not let her death be in vain. Hopefully, through this legal claim, we will help save other at risk children."
Jor’Dynn was placed in the care of Kelly, her father Derrick Dixon’s fiancée, after a custody dispute. Dixon is currently serving a prison sentence for attempted burglary. Despite Portia Duncan’s objections, Kelly was granted full custody of Jor’Dynn in April 2025. The girl moved into a Bayport home shared by Kelly, her mother Barbara Renner, and Kelly’s daughter Elyssa Seymore. All three women have since been charged in Jor’Dynn’s death.
According to Suffolk County prosecutors, Jor’Dynn endured ongoing abuse, including "sharp force injuries" and repeated beatings, which caused her to miss 40 school days. "This was not an alleged single act of violence," Suffolk District Attorney Ray Tierney stated in May when announcing the criminal charges. "It was months of alleged systemic cruelty and sadistic abuse."
Jor’Dynn was pronounced dead on December 29 after police responded to a 911 call reporting the child in cardiac arrest. She was transported to NYU Langone Hospital, where she was declared deceased. In May, prosecutors indicted Kelly with second-degree murder. Renner and Seymore face charges including assault and unlawful imprisonment.
The lawsuit contends that the Bayport-Blue Point School District failed to report obvious physical signs of abuse and inadequately addressed Jor’Dynn’s absences. Portia Duncan also claims that county Child Protective Services and the Department of Social Services neglected their duty to monitor Jor’Dynn’s well-being.
Suffolk County officials have not yet responded to a request for comment. A spokesperson for the Bayport-Blue Point School District acknowledged receipt of the court papers, stating, "As a standard practice, the district does not comment on pending legal matters."