In a heart-wrenching case that has shocked many, the grandfather of 5-year-old Kinsley Welty, who died under horrific circumstances in Indianapolis, has filed a lawsuit against the Indiana Department of Child Services (DCS). The lawsuit alleges that systemic failures within DCS allowed Kinsley to suffer abuse and ultimately lose her life while in the care of her mother, Tony McClure, who faces murder charges in connection with the child’s death.
Kinsley was brought to an Indianapolis hospital in April 2024, weighing only 21 pounds, a stark contrast to her weight at age two. Medical personnel found her covered in lice and feces, with visible bones and severe malnourishment. According to the lawsuit, Kinsley was locked in a closet for months, deprived of basic needs such as food and water. The allegations detail a gruesome neglect that has left many questioning how this could happen, especially considering the family’s history with DCS.
Kinsley was born into a troubled environment. Her mother had been subject to multiple DCS investigations since Kinsley’s infancy, including a felony child neglect conviction. Despite documented concerns about the mother’s ability to care for her children, Kinsley and her siblings were frequently returned to her custody. The grandfather, Brian Welty, claims that DCS failed to act on numerous reports of abuse and neglect, allowing Kinsley to remain in a dangerous situation.
The lawsuit names McClure, her mother Tammy Hollley, and her boyfriend Ryan Smith as defendants, all of whom face charges related to Kinsley’s death. McClure, who is set to go on trial for murder, has reportedly admitted that she did not bond with Kinsley and expressed a disturbing desire to be rid of her. The details provided in the court documents have led many to describe the case as one of the most horrific examples of child neglect imaginable.
Witness accounts from Kinsley’s brothers reveal chilling details about her treatment. They described the closet as a “time out” space and reported that Kinsley was given only one sandwich a day. Allegations also surfaced that Hollley, the grandmother, attempted to restrain Kinsley with duct tape to keep her in bed, highlighting a pervasive culture of neglect within the household.
As the legal proceedings unfold, the lawsuit filed by Welty emphasizes the role of DCS in failing to protect Kinsley. It argues that the agency’s systemic issues, including a high caseload per worker and inadequate follow-up on reports of abuse, contributed to Kinsley’s tragic fate. The grandfather’s complaint seeks justice not only for Kinsley but also aims to expose the failures of the child welfare system that allowed her suffering to continue unchecked.
The allegations raise serious questions about DCS’s practices and whether the agency prioritized case closures over child safety. Welty’s lawsuit points to multiple instances where DCS failed to investigate reports adequately, leading to a pattern of neglect that ultimately resulted in Kinsley’s death. It demands accountability from both the individuals involved and the organization as a whole.
In a poignant statement during a news conference, Welty expressed his devastation, stating, “No child should ever die that way. No one should ever have to bury a 5-year-old because people didn’t do their jobs.” As this case progresses, it not only highlights the tragic circumstances surrounding Kinsley Welty’s death but also serves as a critical reminder of the need for reform in child protective services to prevent future tragedies.
