(NEW YORK) — The birth mother of a 7-year-old girl from Long Island, New York, is planning to sue the county and school district following the death of her daughter in December 2025.
Portia Duncan filed a notice of claim against Suffolk County for allegedly neglecting her daughter, Jor’Dynn Duncan, by placing her in the care of her legal guardian, Emily Kelly, who Portia Duncan alleges physically abused, neglected and tortured Jor’Dynn.
Kelly was charged with second-degree murder and pleaded not guilty in court on June 23.
In addition to Kelly, her mother, Barbara Renner, and her daughter, Elyssa Seymore, were also arrested on charges regarding their alleged involvement in Jor’Dynn’s death. Renner was charged with second-degree manslaughter and Seymore with unlawful imprisonment, among other charges. They both pleaded not guilty.
Portia Duncan also filed a notice of claim against Bayport-Blue Point School District for allegedly failing to act on indicators of abuse she said Jor’Dynn presented.
“I miss her dearly, dearly,” Portia Duncan said amid tears in a press conference on Tuesday. “She was such a sweet, beautiful, smart, fun, girly girl. If I could turn back the time, I would’ve done things so much different.”
An autopsy determined that Jor’Dynn’s death on Dec. 29, 2025, was due to a massive untreated infection from more than 90 injuries that were found on her body at the time of her death, according to a Suffolk County District Attorney’s Office press release.
“These claims arise from the placement of seven-year-old Jor’Dynn Duncan, while she was in the custody of the County of Suffolk, into a home in which she was subjected to a prolonged, systematic, and ultimately fatal course of physical abuse, torture, and neglect; from the failure of the County of Suffolk, the Suffolk County Department of Social Services and Suffolk County Child Protective Services to adequately investigate and vet the caregiver with whom they placed her, to monitor her health, safety and general well-being during the approximately one year she remained in that place, and to act upon the indicators of abuse she and other presented; and from the failure of the Bayport-Blue Point School District and its personnel, in their capacity as mandated reporters, to report the outwardly observable indicia of abuse and Jor’Dynn’s chronic school absenteeism,” the notice said.
Jor’Dynn allegedly missed 40 days of school between January and June 2025, according to the notice of claim. The child allegedly wore makeup to conceal injuries she incurred from the abuse on the days she did attend school, the notice said.
Kelly allegedly called the school with several excuses for Jor’Dynn’s absences to cover up the alleged abuse, including fake illnesses, deaths in the family and trips to Disney World, the District Attorney’s press release said.
Kelly gained full custody of Jor’Dynn in April 2025 upon her request, an investigation by the Suffolk County Police Department found. Kelly is the fiancée of Jor’Dynn’s father, who was in prison, according to the notice of claim.
Jor’Dynn was removed from Portia Duncan’s custody on account of a failed drug test, her attorney said.
The police investigation allegedly found extensive photo and video evidence of abuse captured on Kelly’s cell phone and other cloud-based accounts, the press release stated.
“The placement of Jor’Dynn Duncan with Emily Kelly was what led to her death,” Derek Sells, an attorney representing Portia Duncan, said in a press conference. “The failure to properly screen that placement, the failure to properly supervise that placement, and the failure to report clear abuse in the form of neglect, not going to school, all led to this death. And we’re gonna hold those people accountable.”
Sells said the filing of claims is the “first step” in the process of holding parties accountable for Jor’Dynn’s death. Filing a Notice of Claim typically comes before filing a lawsuit against the state, local government or a government agency in New York.
Both the Suffolk County District Attorney’s Office and the Bayport-Blue Point School District declined to comment on the claims.
Attempts to reach Suffolk County for a comment were unsuccessful.
The three women are set to return to court at the beginning of August, ABC News New York affiliate WABC reported.
“She pled not guilty at the arraignment, my client asserts her innocence, and we are vigorously going to defend her throughout these proceedings,” said John LoTurco, Kelly’s defense attorney, according to WABC.
“I’m so thankful to the Lord for giving me the chance to be in my daughter’s life the way that I was,” Portia Duncan said. “I’m very upset that she’s been taken from me.”
Copyright © 2026, ABC Audio. All rights reserved.