‘Lost, confused and shocked’: Sister sues Child Safety over Struhs case

The Queensland government is being sued for negligence over the death of eight-year-old Elizabeth Struhs and the trauma it caused her older sister, who says she only learned of her passing four days later from the media.

Elizabeth, a diabetic, died on January 7, 2022, on a mattress on the floor of her Toowoomba home. Her parents, and their religious group known as the Saints, allegedly withdrew her medication, believing God would heal her.

Elizabeth’s older sister Jayde, who left home as a teenager because of the family’s strong religious views and controlling behaviour, had previous dealings with government agencies including the Department of Child Safety.

In a 2022 interview, Jayde Struhs described her sister as a bubbly, energetic soul who was always happy.

In documents filed in the Supreme Court, and seen by this masthead, Jayde Struhs states she was never officially notified of her sister’s death nor the suspicions her parents may have been involved.

Struhs states that she had been working at Bunnings on January 11, 2022, when she received a message from a reporter.

“I remembered immediately having a sinking feeling that something was wrong,” Struhs states.

“I made my way towards the office to get away from people.

“I think I may have been just through the door to the office when I found the article with the picture of mum and dad’s house and realised that Elizabeth had passed.”

Struhs states that she tried to tell a colleague, before falling to the floor.

“I remember sobbing and feeling like I was in physical pain. I was sobbing uncontrollably for a while and felt just totally lost, confused, and shocked. My brain felt foggy.”

Elizabeth Struhs pictured with her older sister Jayde.Credit: Nine News

Struhs states she felt absolutely distraught, before eventually her friend came to collect her. Later that day, she tried to phone her estranged parents but her calls went to voicemail.

She states she had to break the news to both her grandparents, who also had “no idea” about Elizabeth’s death.

Her lawsuit, prepared by a major firm with experience in such cases, accuses the government of negligence.

Elizabeth’s mother, Kerrie Elizabeth Struhs, was later charged with manslaughter, while her father, Jason Richard Struhs, was charged with murder. The parents, along with twelve others, including her older brother, and members of the religious group, faced a judge-only trial last year over her death.

All have pleaded not guilty.

In the criminal case against them, the court last year heard of how the Saints allegedly gathered around Elizabeth, as she lay dying on the mattress, to pray and sing songs instead of seeking medical help. The group claimed that God would heal her, and believed she would be resurrected.

Documents filed in court state that Child Safety was aware of concerns about the Struhs family situation almost a decade before Elizabeth died.

Elizabeth died three weeks after her mother was released from prison, having been jailed for failing to provide the necessities of life after an earlier hospital admission of her ill daughter in 2019.

In that incident, Elizabeth’s father, then staunchly opposed to his wife’s hardline religious beliefs, pushed back and took the girl to get medical help. But by the time his wife was released, he had committed himself to the Saints.

Kerrie and Jason Struhs with their eight-year-old daughter Elizabeth.Credit: A Current Affair

Documents seen by this masthead show that after the 2019 incident, the hospital informed Child Safety, on August 6, 2019, that Kerrie Struhs appeared to be delusional, not just religiously fanatical, and required an involuntary mental health assessment. Child Safety was told Elizabeth would not be safe in any capacity in a home where Kerrie was residing.

A diabetes health plan was prepared for Elizabeth, with her father, not yet part of the religion, to be the primary carer.

According to the documents, Child Safety officers visited the home after Elizabeth’s discharge from hospital, and her parents signed safety plans. A safety assessment was conducted and the department determined Elizabeth was in no immediate risk of harm.

Elizabeth was subsequently left in the care of her parents.

According to the documents, an assessment of the concerns was finalised several days later. Child Safety deemed them “substantiated – child in need of protection,” and requiring an ongoing Intervention with Parental Agreement for Elizabeth.

Documents show Child Safety also recorded that there was “substantiated neglect resulting in physical harm”, “unacceptable risk of neglect causing physical and emotional harm”, and “unacceptable risk of emotional abuse causing emotional harm”, and said that both parents were allegedly responsible.

Child Safety then closed the case, in December 2019, believing Elizabeth’s medical needs were being met by her father and no further intervention was required.

In March the following year, Child Safety was advised Elizabeth’s parents would face criminal charges for failing to provide her with the necessities of life for the 2019 incident (Jason Struhs testified against his wife in exchange for a wholly suspended sentence).

On January 8, 2022, police informed Child Safety that Elizabeth had died, and that her death was being treated as suspicious because it may have related to the withdrawal of her diabetes medication.

Her death led to an outpouring of grief in the Toowoomba community, a complex police investigation and an unprecedented criminal trial.

According to the documents, Struhs – who is still receiving ongoing treatment for psychological trauma – has been unable to return to work.

She later testified against her parents and the Saints in court.

In September, Justice Martin Burns told the court he would consider the cases against each of the accused, and explained there would not be a verdict for some time.

If you or anyone you know needs support, call Lifeline on 131 114, beyondblue on 1800 512 348, Kids Helpline on 1800 55 1800, or the National Sexual Assault, Domestic and Family Violence Counselling Service on 1800RESPECT (1800 737 732).