A heartbreaking case has emerged in Birmingham, Alabama, where a three-year-old boy, Ke’Torrius “KJ” Starkes Jr., died after being left unattended for nearly five hours in a hot car while under the care of a contractor for the Alabama Department of Human Resources (DHR).
Legal Analysis & Liability Exposures
- DHR’s Vicarious Liability
As the state agency responsible for child welfare, Alabama DHR may bear vicarious liability for actions of its contracted worker. The fatal oversight occurred during a DHR-supervised transport to visit with the child’s father—an official duty the agency entrusted to the contractor.
- Contractor Negligence & Standard of Care
The transporter—employed by Covenant Services Inc.—failed to return the child to daycare after a supervised visit, instead running personal errands and leaving the child inside a closed, ignition-off vehicle in extreme heat (up to 108 °F outside; interior estimates exceed 150 °F). That breach of duty constitutes gross negligence.
- Systemic Oversight Failures
Controversy surrounds DHR’s oversight protocols: Was there adequate vetting, training, supervision or emergency procedure required? Previous incidents show systemic failures within Alabama DHR, including staffing shortages and oversight lapses that raise questions about organizational neglect.
- Potential Civil & Criminal Claims
- Wrongful death claims may target both Covenant Services and Alabama DHR.
- The family’s attorney has indicated consideration of legal action, and criminal charges remain possible as police investigation proceeds.
Implications & Lessons Learned
For Families & Advocates
When children are placed in state custody, the agency and its contractors must adhere to the highest safety standards. Tragic lapses undermine trust in the child‐welfare system.
For Attorneys
When investigating similar cases, explore:
- Contracts and policies governing transport services.
- Training records, supervision protocols, and internal incident reporting.
- Whether DHR had prior knowledge of any issues or complaints involving the contractor.
For State Agencies
- Ensure strict protocols for transporting children, including tracking, accountability checks, and emergency procedures.
- Provide robust oversight of third‐party contractors.
- Consider legislative review to prevent repeat tragedies.
✅ Bottom Line
This devastating case illustrates that those entrusted with child welfare—public agencies and their contractors—can be held liable for catastrophic negligence. If your child suffered harm under similar circumstances, we’re here to advocate for accountability and justice.
Cited Sources:
- WVTM 13 (NBC Birmingham)
“3-year-old dies in hot car while in custody of DHR contractor in Birmingham”
https://www.wvtm13.com/article/alabama-birmingham-hot-car-death-child/65489128 - People Magazine
“3-Year-Old Boy Dies After Being Left in Hot Car While with Child Services, Which Took Him Away from His Family”
https://people.com/3-year-old-boy-dies-after-being-left-in-hot-car-by-the-department-of-human-resources-who-took-him-away-from-his-father-11778946 - The Guardian (U.S. News)
“Alabama child dies after being left in hot car while in state custody”
https://www.theguardian.com/us-news/2025/jul/27/alabama-boy-death-hot-car - Rocket City Now (WZDX Huntsville)
“Toddler dies after being left in super-heated car by Alabama DHR worker”
https://www.rocketcitynow.com/article/news/state/toddler-dies-after-being-left-in-super-heated-car-by-alabama-dhr-worker/525-2aa82aa2-4ca3-419e-84d1-5cc46bf48b33 - ABC 33/40 News
“Lawmakers demand accountability in wake of Alabama's first hot car death in 2025”
https://abc3340.com/news/local/lawmakers-demand-accountability-in-wake-of-alabamas-first-hot-car-death-2025-government-accountability-kids-cars-safety-community - Birmingham Free Press
“Three-year-old dies in hot car while in Alabama DHR custody”
https://birminghamfreepress.com/2025/07/24/three-year-old-dies-in-hot-car-while-in-alabama-dhr-custody
