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A wrongful death lawsuit has been settled between a woman and foster care agency that had placed her son with a couple that is now convicted of murder, for their part in the 3-year-old boy’s death.

The woman has waived her rights to any payments in the $206,000 settlement that will be split between the brother and sister according to an agreement that was approved on Tuesday by a Butler County Probate Judge.

The three children were taken from the home in April after neglect allegations. The 3-year-old was placed with David and Liz Carroll through Lifeway for Youth, a private foster care agency.

In August, when the foster parents went to a family reunion in Kentucky, the developmentally disabled boy was bound in a closet for two days. Upon the Carroll’s returning home the little boy had died.

David was sentenced to 15 years to life in prison on his guilty plea with an additional year in prison for his guilty plea to gross abuse of a corpse. His wife, denied any role in the death but was convicted of murder and six other charges and sentenced to 54 years to life in prison.

Trevino filed a $5 million lawsuit last year against Lifeway for Youth and several Butler County agencies, which were dismissed from the case. The lawsuit claimed the defendants were negligent in failing to adequately supervise the placement and treatment of the boy.

The lawsuit settlement with Lifeway establishes a trust to administer payments, with court approval, to Trevino’s other children, Peaches, 2, and Michael, 12.

Only a parent can receive payments in a wrongful death lawsuit, unless the parent waives the rights, such as in this case.

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