BROWNSBURG, Ind.— A Brownsburg couple accused of physically abusing their daughter has filed a federal lawsuit, accusing state child welfare caseworkers and doctors of getting it wrong.
WRTV Investigates has been telling you about problems in our state’s child welfare system in our special “Kids in Our Care.”
According to Indiana Department of Child Services data from January to April 2025, of cases that were screened in for assessment, 15% were substantiated for child abuse and neglect cases.
13% of the substantiated cases are for neglect, and only 2% are for abuse, according to the data.
“Ripping families apart”: Brownsburg couple files lawsuit alleging they were wrongfully accused of child abuse
Grant and Myranda Phillips never expected to become one of those statistics, separated from their kids for nearly a year.
“They are literally ripping families apart,” said Grant Phillips.
They are the parents of two daughters—Odessa, 4, and Nara, 3.
In December 2022, Myranda noticed Nara’s leg was warm and swelling.
Myranda took the baby to Riley Hospital for Children.
"It was just a rush of doctors and nurses coming in,” said Myranda. “No one is telling us what they’re doing, what they’re looking for.”
Medical staff did X-rays and found a fracture in Nara’s tibia, commonly known as the shin bone.
"We are just like what’s going on?” asked Grant. “What caused this to happen in our daughter?"
The Phillips say a DCS caseworker told them to bring their older daughter, Odessa, to the hospital as well, but x-rays revealed Odessa did not have any fractures.
What happened next changed everything for the Phillips family.
“The case manager told me they were going to take both of our girls away,” said Myranda. “It was shocking. How do you react as a parent? You brought your baby in to get help for something you don’t know what is going on and then, in turn, not only are they not helping you figure out what’s going on, they tell you that they’re going to take your children— both of them.”
Both Grant and Myranda deny ever abusing their daughters.
Desperate for answers and to get their kids back, the couple dove into research.
Couple says rare genetic condition is to blame for Nara’s fracture
"That’s when we came across Ehlers-Danlos syndrome,” said Myranda.
Ehlers-Danlos syndrome, or EDS, is a rare genetic condition that affects connective tissues.
According to the Phillips’ lawsuit, EDS is associated with a higher rate of fractures in children.
A 2017 Boston University study found EDS is associated with fragility fractures in infants that can be misinterpreted as child abuse.
The Phillips say they met with an expert who diagnosed the couple and both girls with Ehlers-Danlos syndrome.
"We knew this was our answer,” said Myranda.
According to the Phillips’ federal lawsuit, child abuse pediatricians at Riley Hospital for Children did not “rule out genetic conditions that could affect bone fragility” before informing DCS about Nara.
"You're supposed to rule out every possible condition before you can claim it's abuse,” said Myranda. “That did not happen."
One doctor has denied the allegation in a response to the court on May 21, 2025.
The Phillips’ lawsuit points out DCS has a contract with Indiana University for doctors specializing in child abuse to provide evaluations that help DCS determine whether injuries are a result of abuse or neglect.
The contract has been in place since 2011 and DCS has paid $7.54 million to date for those services, according to the state.
The Phillips’ lawsuit names several doctors and DCS employees, and alleges they seized the children without probable cause, without a court order, and when the children were in no imminent danger.
“DCS will always defer to these child abuse pediatricians whether they're proven right or wrong,” said Grant Phillips.
The lawsuit alleges a doctor told DCS that Nara had fractures in each of her fibulas, large bones found in the lower leg.
But the Phillips say that wasn’t true and that Nara never had a fractured fibula.
“The moment a child abuse pediatrician says this is abuse, they will always side with that,” said Myranda.
Colorado professor, child abuse pediatrician explains role
WRTV Investigates spoke with a child abuse pediatrician who is not affiliated with Indiana or the Phillips’ case.
Dr. Antonia Chiesa is a professor of pediatrics at the Colorado School of Medicine, with a specialty in child abuse pediatrics.
“We’re a relatively new medical specialty,” said Dr. Chiesa. “We are trained on all forms of child maltreatment, physical abuse, sexual abuse, neglect, and sexual assault."
Child abuse pediatrics was approved as a new specialty by the American Board of Pediatrics (ABP) and the American Board of Medical Specialties in 2006, according to the American Academy of Pediatrics website.
Dr. Chiesa can’t comment on the Phillips’ case, but she said child abuse pediatricians are trained to look for conditions that mimic abuse.
“If a child comes in with bruising, we don’t automatically jump to the conclusion that the child’s been abused,” said Dr. Chiesa. “We take a good history. We do an exam. We speak to the parent or the child if they’re verbal, and we think about other conditions that could be causing this."
Dr. Chiesa says child abuse pediatricians collaborate with other medical colleagues.
“When it’s gray and ambiguous and a diagnosis can’t be determined, we need to say that,” said Dr. Chiesa.
When there is a diagnosis of abuse, medical providers must legally report those concerns, said Dr. Chiesa.
“We are not there to figure out who did what,” said Dr. Chiesa. “We are just there to say with the best understanding of the medical literature in our practice, this injury is diagnostic or makes sense for physical abuse.”
IU Health and DCS provide statements to WRTV
WRTV Investigates contacted Indiana University Health for comment on the federal lawsuit, and a spokesperson provided a written statement.
“IU Health does not comment on pending litigation,” read the statement. “All IU Health team members, like all Indiana residents, are expected to follow Indiana’s mandatory reporting law (IC 31-33-5-1), which you can find here IGA | 2024 Indiana Code [iga.in.gov].”
DCS substantiated child abuse against Grant and Myranda Phillips, a decision that placed them on Indiana’s Child Protection Index.
The Phillips filed an appeal, but despite the EDS diagnoses, they lost their appeal.
DCS also filed to have Nara and Odessa considered CHINS, or Child in Need of Services—a legal designation typically reserved for alleged victims of abuse or neglect.
Nara and Odessa spent 347 days apart from their parents. The Phillips say DCS placed the girls with family members.
“It was unbearable,” said Grant. “It was the hardest days of my life. There was just a void, an emptiness in our home.”
The judge dismissed the CHINS case, but the DCS substantiation for abuse still stands against both Myranda and Grant.
"It's terrifying for the future,” said Myranda. “What is the purpose of this? How is this protecting children?"
WRTV Investigates contacted DCS for comment on the federal lawsuit and the Phillips’ allegations.
"We cannot provide information or comment on a current court proceeding involving a child,” read the statement from DCS. “However, Indiana Department of Child Services family case managers are often put in challenging situations and must make difficult life or death decisions about child safety. We appreciate the complexity of the decisions they must make and support them in keeping Hoosier children safe".
The current and former DCS employees named in the lawsuit are:
- Rachel Lucas (Former DCS Family Case Manager; left DCS in 2023—terminated for accessing case information with no business need and without authorization.
- Adedayo Olaosebikan (Former DCS Family Case Manager; resigned from DCS in 2024)
- Stacia Fields (Current DCS Family Case Manager Supervisor)
- Nichole Garrod (Current DCS Family Case Manager)
- Ashley Butlerpanter (Current DCS Family Case Manager)
- Peggy Surbey (former DCS Regional Manager; resigned from DCS in March 2025)
The IU Health doctors listed in the lawsuit are:
- Dr. Marissa Luoma
- Dr. Ann Freshour
WRTV also contacted private attorneys listed for a doctor and DCS caseworker, and we have not yet heard back.
“Skewed against parents”: Professors weigh in on child welfare systems
WRTV Investigates asked DCS and organizations across the country for data on how often parents of medically complex children are accused of abuse, but we couldn’t find anyone keeping data or statistics on the issue.
WRTV Investigates spoke with two national experts on child welfare, including Mical Raz, a professor of clinical medicine at the University of Rochester.
"It's often an unfair system that is skewed against parents," said Raz. “The system is skewed toward a suspicion or disbelief of parents, certainly parents of a certain background—poor, of color and immigrants.”
In Indiana, 85% of suspected child abuse/neglect cases assessed by DCS are unsubstantiated.
WRTV Investigates asked Raz what those numbers say to her.
“I think we report too much,” said Raz. “I think we have a culture of over-reporting. If you start investigating so many children, it burdens an already overburdened system and you’re less likely to find the kids who are at risk of imminent harm."
WRTV Investigates also spoke with Professor Josh Gupta-Kagan, a clinical professor of law at Columbia Law School.
“It’s the fundamental right of the parent to have their child with them and the fundamental right of the child to be with their parents,’ said Gupta-Kagan.
Gupta-Kagan runs a family defense clinic and represents parents who are accused of abuse and neglect.
In 2024, the Indiana DCS child abuse and neglect hotline received 215,149 reports.
Gupta-Kagan says when a child welfare system has too many reports, it makes it harder for the agency to find actual abuse and neglect.
"It’s created a huge needle in a haystack problem,” said Gupta-Kagan. “If you want to find the needle, you’ve got to stop putting the hay on the stack."
Gupta-Kagan said state child welfare agencies place a lot of trust in child abuse pediatricians.
"Ideally, that can help screen out false suspicions of abuse while also identifying very real cases,” said Gupta-Kagan. “Where things can go off the rails is when all that work doesn’t happen.”
Both professors recommend that states focus on better reporting, not more reporting.
“I think we need to limit mandatory reporting,” said Gupta-Kagan. “We need to find more voluntary ways to help families in need.”
Pushing for change in the child welfare system
Grant Phillips agrees that the state should limit mandatory reporting.
He is pushing for change in the child welfare system and has testified multiple times in front of the state legislature.
“My wife and I had our two beautiful daughters removed from us due to a medical misdiagnosis of abuse by child abuse pediatricians with Riley Children’s Hospital,” Phillips told lawmakers on February 3. “We needed to defend our case and the fact that we did not abuse our child.”
Grant and Myranda say they’ve heard from other Indiana families who were also accused of abuse, but claim a medical issue was to blame.
WRTV Investigates spoke with several families, but none were ready to tell their story publicly because their cases were still pending.
“We are fighting for all these families,” said Grant. “There needs to be some understanding that you can't just take children and not have consequences when you're wrong."
The federal lawsuit is still pending.
"There has to be a process for, especially medically complex cases of that initial investigation,” said Grant. “It needs to be more intentional and thorough."
WRTV Investigates Kara Kenney asked Grant and Myranda what they say to people that might say the doctors and DCS were trying to protect their child.
“If they were really trying to protect the child, you would have done a proper investigation,” said Myranda.
