'DCS failed us': Family demands accountability following death of 5-year-old girl (2024)

INDIANAPOLIS — The family of a 5-year-old girl, who was found dead this week inside her Indianapolis home, wants accountability from both DCS and the child’s mother.

Toni McClure, the girl’s mother, has a history with the Department of Child Services, and now a city-councilor is demanding a full investigation into DCS.

McClure is preliminarily charged with Murder and Neglect in this case.

Police say Kinsleigh Welty was kept in a closet that had small handprints of what appeared to be feces on the door. There was also soiled clothing and a strong smell of urine.

Kinsleigh’s death has frustrated her family and community.

“If the parents aren’t going to love and protect them, and the state is not, who is going to protect them,” Tricia Welty said.

"As far as I’m concerned, she was not a mother, she was a monster," Kyla Welsh, Kinsleigh's cousin, said. "It’s unimaginable what we’re dealing with right now.”

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Flowers, balloons and a card saying, 'Forever 5; always in our hearts baby Kinsleigh' sit outside the southwest side home she was found unresponsive in.

Metro police say the 5-year-old was thin with sunken eyes and had feces on her feet and in her hair when she was found.

Riley Hospital reports Kinsleigh was so malnourished that she weighed more at two-and-a-half years old than at five.

"Traumatized. It's horrific, words can't describe it. You feel guilty to eat sometimes," Brian Welty said.

Kinsleigh’s grandparents, Tricia and Brian Welty, say the warning signs of the child’s failing health were reported but say DCS let them down.

“We just don’t want her death to be in vain. We want change. We don’t want any more kids to have to die because of the failure of the system,” Tricia Welty said. “She was in our home, and she was safe, but she was handed back to her abuser and she’s not here anymore.”

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The Welty's say Kinsleigh temporarily lived with them twice after other reports of mistreatment.

In 2018, McClure was formally charged with Neglect when Kinsleigh was just a baby.

The officer said the home was in one of the worst conditions he'd ever seen and noted a three-week-old that appeared to be malnourished. The family says that was Kinsleigh.

McClure served 21 days in jail for that case.

“When she came to us the second time, she was bruised from head to toe. She had chunks of hair missing throughout her whole head and she was given back. She already tried to starve her to death when she was three-weeks-old and they gave her back,” the Welty’s said.

Following a welfare check in 2021, the grandparents say they were fearful Kinsleigh would die.

"I pleaded with DCS before that court case and my concerns about every bit of it were ignored," Tricia Welty said.

According to police reports, just before Kinsleigh died, DCS was at the house following McClure’s newborn testing positive for THC. Kinsleigh did not test positive.

McClure allegedly said Kinsleigh frequently expressed that she wanted more food or that she was thirsty but had a desire for her to be out of her life.

The Welty’s want DCS to improve its reunification process.

"The child's safety should be the priority. It shouldn't be getting them back to the parent if that person isn't right. They failed her," Tricia Welty said.

“Please, please stop looking at reunification for every single child. It’s not safe for every child. I know Indiana is a reunification state, but we need to have our lawmakers adjust that. This cannot happen again,” Welsh said.

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On Sunday, April 14, IMPD announced Kinsleigh's grandmother, 53-year-old Tammy Halsey, was also arrested in connection with this incident. She faces charges of Neglect.

WRTV has reached out to DCS over the past few days for comments, but a law that took effect in 2019 prevents the agency from releasing records on a child’s death until after the criminal case is resolved.

The department cannot legally comment on pending litigation.

City-councilor Joshua Bain represents the district Kinsleigh was found in before she died. He is demanding information on the steps DCS is taking to prevent this from happening again.

Read Bain's letter to DCS Director Eric Miller below and watch as WRTV's Kara Kenney talks with Bain at the bottom of this article:

In the meantime, the family is raising money to properly bury Kinsleigh.

They're hoping to get a princess headstone for her. The rest of money they raise, her grandparents say will go towards creating a foundation in Kinsleigh's memory.

IMPD’s response:

IMPD Chief Chris Bailey released the following statement regarding the incident:

If you suspect a child is being abused or neglected, you're asked to call the Indiana Department of Child Services at 1-800-800-5556. If it's an emergency situation, you should call 911.

"With this being child abuse prevention awareness month, we're hoping that it will bring more awareness so that people can contact please contact others who can help protect our youth who can't protect themselves," IMPD Lt. Shane Foley said.

IMPD says warning signs of abuse and neglect you can look out for include:

• Poor hygiene
• Suspicious injuries
• Malnourishment
• Excessive fatigue
• Aggressive behavior
• Withdrawn behavior

WATCH | City County Councilor Joshua Bain talk to WRTV Investigates reporter Kara Kenney

City County Councilor Joshua Bain speaks with Kara Kenney

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