Overview
- Brian Welty filed a federal civil-rights lawsuit in Marion County against Indiana DCS, naming the agency, 11 employees, and three relatives tied to the case.
- The suit alleges DCS repeatedly failed to act on warnings, including five reports from November 2023 through January 2024 that were closed as unsubstantiated without face-to-face contact.
- The complaint describes months of confinement and starvation before April 9, 2024, when first responders found the 5-year-old severely malnourished; she weighed 21 pounds and died that day.
- Criminal cases remain pending against mother Toni McClure, boyfriend Ryan Smith, and grandmother Tammy Halsey, with Smith and Halsey set for trial on December 8, 2025, and McClure on March 2, 2026.
- The family seeks compensatory and punitive damages and a jury trial, while DCS declined comment on the suit and said it takes child safety seriously and cooperates with criminal investigations.