INDIANAPOLIS — The family of 5-year-old Kinsleigh Welty has filed a federal civil rights lawsuit targeting DCS, 11 individual DCS employees, Kinsleigh's mother, maternal grandmother, and mother's boyfriend, claiming their failures led to the child's death in April.
Brian Welty, Kinsleigh's paternal grandfather, filed the complaint in Marion County Superior Court. The lawsuit targets DCS, 11 individual DCS employees, and three family members charged in Kinsleigh's death.
WATCH | Attorneys representing the family of Kinsleigh hold a press conference on the lawsuit
The complaint alleges DCS workers repeatedly failed to investigate reports of abuse and neglect against Kinsleigh's mother, Toni McClure, despite her prior felony conviction and multiple substantiated abuse cases.
DCS reportedly received five separate reports of abuse and neglect between November 2023 and January 2024.
WRTV previously reported that Kinsleigh's paternal grandparents, Tricia and Brian Welty, said they had repeatedly raised concerns about the child's safety with DCS.
The reports alleged Kinsleigh was malnourished, not being fed, locked in closets, and forced to stand facing walls for hours.
The lawsuit claims DCS workers closed all five investigations as "unsubstantiated" within days without ever making face-to-face contact with Kinsleigh.
"Three of the six claims were closed, we believe, prematurely by a statute that got passed in 2021. This statute is called the SAFE Act," said Laker.
In August of 2024, WRTV Investigates asked DCS why caseworkers do not have to make contact with a child during home visits.
We were told DCS does not have the authority to enter a home without the homeowner's permission.
"You can't simply do a drive-by, which is what we believe happened here at best, not lay eyes on the child and then deem them safe and sign off and close allegations," said Laker.
Kinsleigh's mother, Toni McClure, was convicted of child abuse in 2018. Kinsleigh spent time with her paternal grandparents, but her mother was ultimately given back custody.
"Each time she was given to us, it was very shocking. She had bruises, cuts," said Welty.
Welty hopes DCS will tighten its reunification policy.
Kinsleigh's death
On April 9, 2024, officers discovered Kinsleigh in a severely malnourished state at her home on Denver Drive. She weighed only 21 pounds and died that evening at Riley Hospital for Children.
"Mostly skin and bones with feces in her hair and on her feet. Kinsleigh died that day of neglect, starvation, and child torture," said Laker.
The complaint alleges she was kept locked in a closet for up to 20 hours a day with little food and water for approximately five months before her death.
"She was kept in a closet for 5 months, 20 hours a day. She was taped to her bed at times," said Greg Laker, attorney for Cohen & Malad, LLP.
A photo shared shows Kinsleigh's knees and legs, which were mostly skin and bone.
"You think the pictures of her legs are bad? You should have seen her when she was 5 weeks old and almost starved to death. That's horrific," said Brian Welty, her paternal grandfather.
Three family members face criminal charges. McClure is charged with murder, criminal confinement and battery. Her boyfriend, Ryan Smith, and Kinsleigh's maternal grandmother, Tammy Halsey, are both charged with neglect resulting in death.
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The federal lawsuit alleges DCS violated Kinsleigh's constitutional rights and created a "state-created danger" by returning her to her mother's custody despite documented abuse history.
The family is seeking compensatory and punitive damages and demands a jury trial.
WRTV reached out to DCS for comment on the lawsuit. They made the following statement:
“DCS is prohibited from disclosing confidential case information related to child protection proceedings. DCS family case managers navigate challenging circumstances and are tasked with making complex, critical decisions regarding child safety.”
