Anthony Dibiah has been charged with killing his son Nakota Kelly nearly two years ago, but the boy's mother believes some of the blame for her son's death falls on the state child welfare system.
"I think if they just listened to Nakota they would have been able to stop it," Hayley Kelly said, speaking from her attorney's office on the north side Wednesday.
Hayley Kelly lives in Wabash and shared custody of Nakota with Dibiah, who lived in Indianapolis. A judge ordered that Nakota spend every other weekend with his father. This was the last in a series of abuse and neglect complaints against Dibiah. Documents Kelly provided to WRTV show DCS investigated at least four allegations of abuse and neglect by Dibiah against Nakota during weekend visits between 2016 and 2018.
Kelly's lawsuit, filed Tuesday in Marion Superior Court, names DCS and Dibiah as defendants. She said she hopes the suit forces DCS to admit it made mistakes.
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