The mother of a seven-week-old baby who died in the Indiana foster care system plans on filing a wrongful death suit naming the Indiana Department of Child Services (DCS) at fault. Randi Linden, mother of Destiny Linden, claims that the infant’s death was caused by the improper removal from Linden’s home. Destiny died on April 29th, eight days after being removed from Linden.
Destiny’s father, Michael Carter Love, has filed suit against the foster parents, alleging that negligence on their part is to blame for Destiny’s death. The foster parents, Everett and Kim Coleman, claim that Destiny was found unconscious in an adult bed. She was kept on life support for five days before she died. Marion County Chief Deputy Coroner Alfarena Ballew believes the death was due to an unsafe sleeping condition, but is withholding cause of death until the results of toxicology and other tests come back.
Adding a further complication to the case, DCS claims that the reason Destiny was taken away from Linden because she failed to protect Destiny by refusing to go to a domestic violence shelter or press charges against Love for an assault he allegedly committed in early April. Attorney Nathaniel Lee is representing Linden and believes if Love had been criminally charged, DCS wouldn’t have removed Destiny and she’d still be alive. Love’s attorney says Love “vigorously denies the allegations.” Love and Linden were not married or even have a relationship at the time of Destiny’s death. For its part, DCS is investigating the death, but may have other problems since Destiny was the fourth child to die since November while under DCS supervision.
The Colemans were licensed foster parents in good standing with the state prior to Destiny’s death. In his suit against them, Love says they had a duty to care for Destiny and ensure her safety. Because Destiny died in an adult bed instead of being put in a crib, the Colemans breached their responsibility of caregivers. Love is asking for a “fair and reasonable amount” of damages from the Colemans for medical expenses, emotional distress, and the lost of love and companionship of Destiny.
If you have suffered the loss of a loved one due to alleged negligence of another party, please contact an experienced injury lawyer in your area.
