The parent of a special needs girl filed a lawsuit on her behalf against a behavioral health organization alleging that negligence contributed to the sexual abuse of their daughter by a therapist in San Jose, according to a news release and court filings.
The lawsuit alleges that Trumpet Behavioral Health, LLC, an organization that provides therapy for young adults, teens and children with intellectual disabilities and autism, and its parent company BlueSprig failed to supervise their employee Alejandro Nunez, allowing him to sexually abuse the girl, according to the release.
“Any company that provides in-home counseling services to children has an obligation to monitor that therapist during counseling sessions given that these children have intellectual disabilities that make them vulnerable to sexual abuse,” attorney Mark Boskovich said in a statement.
The lawsuit, which is seeking damages for sexual assault of a minor, negligent hiring and supervision of Nunez and negligent supervision of the girl, identified in the lawsuit as Jane Doe, was filed by Cerri, Boskovich & Allard. It was filed against Trumpet Behavioral Health, BlueSprig and Nunez, according to filings.
Nunez was arrested in June 2024 on suspicion of sexually abusing the minor girl during a therapy session.
Nunez could not be reached for comment. BlueSprig and Trumpet Behavioral Health did not immediately respond Thursday to a request for comment.
The parents of 11-year-old Jane Doe first enlisted the services of Trumpet Behavioral Health in 2017 to help with their child’s intellectual disability, according to the lawsuit. The sessions were conducted at their home beginning in 2020 due to COVID-19. The alleged sexual abuse occurred from March to June 2024.
The lawsuit alleges that Trumpet Behavioral Health and BlueSprig, which acquired Trumpet Behavioral Health in 2023, did not sufficiently supervise and monitor Nunez by leaving him alone with the child.
Her intellectual disability “significantly impairs her ability to protect herself from those persons wishing to take advantage of her, making her particularly vulnerable to being sexually and/or physically abused by others,” the lawsuit reads.
“These organizations need to be proactive in educating their clients, setting up appropriate protocols,” Boscovich said in an interview. “It’s such a scary scenario, and so we need more protocols for these in-home situations.”
At a therapy session at the girl’s home, a plumber and his assistant walked by Nunez and witnessed him allegedly inappropriately touching her, according to the lawsuit. After they told the girl’s family, her father set up a laptop in the corner to record the rest of the session, during which time Nunez allegedly touched her inappropriately three times – once on her backside and twice in the genital area, according to filings.
The girl’s parents tried to contact Trumpet Behavioral Health via phone and email that day but did not receive a response, according to court filings.
Nunez was arrested after the San Jose Police Department reviewed the footage, according to filings. In interviews with police, the girl said that Nunez touched her inappropriately “multiple times.”
The lawsuit adds that the behavioral therapists employed by Trumpet Behavioral Health and BlueSprig “encouraged” the child’s parents to “remain out of eyesight” during sessions to avoid distracting her, according to the lawsuit. The extent of parent involvement during sessions was “reliant” upon the preferences of the therapist.
The child’s parent also alleges that supervisors were supposed to accompany home visits two to three times per month to monitor and provide feedback, but after 2022, the supervisors did not attend sessions “as often,” filings state. Their attendance was “rare” at sessions conducted by Nunez, who was assigned to the girl in March 2024.
They further allege that supervisors at Trumpet Behavioral Health had received a complaint that Nunez had been drinking alcohol and falling asleep on the job, and allege that he had previously driven minor clients in his personal vehicle alone, which is not allowed, according to court filings. The girl’s parent alleges that though his employers were informed of these behaviors, they did not take disciplinary action.
A second behavioral therapist employed by Trumpet Behavioral Health was arrested in Modesto for allegedly sexually assaulting a minor during a counseling session, according to the news release.
Boscovich said he would like to see the lawsuit lead to concrete changes such as implementing two-deep leadership where an adult is never alone with a child or remote monitoring when that is not possible.
“[Jane Doe is] just this very naive, trusting child,” Boscovich said. “Now she’s lost that sense of trust, especially with male adults, and you know, is more fearful and is more sad, upset, not just her happy, jovial self.”
“Her parents, of course, they don’t know what to do because they want their daughter to get these kinds of services, but obviously they don’t want this to happen again,” he added. “They feel like they have to blame themselves, and it’s not fair to them, because they shouldn’t be blaming themselves when this organization should have taken more measures here.”
