Mother of missing 10-year-old boy sues father, DCS for wrongful death

INDIANAPOLIS (WISH) — The mother of a 10-year-old Indianapolis boy who has been missing for nearly two years and feared dead is suing the child’s father and the state for wrongful death.

Hayley Kelly filed the suit Tuesday against Anthony Dibiah and the Department of Child Services.

Hayley’s son Nakota disappeared after spending a weekend visitation with his father that began July 17, 2020.

In the lawsuit, Hayley Kelly claims that she told a DCS worker on July 14 that Nakota was afraid of spending time with his father.

“Oh, I’m dead. Don’t expect me to come home,” Hayley claims Nakota told her. “My dad is going to kill me.”

The lawsuit claims that a DCS worker told Hayley Kelly the visitation must proceed because it was court-ordered.

Police in Missouri arrested Anthony Dibiah on July 19, after a witness told Indianapolis police that Dibiah had admitted using a bag to suffocate his son.

The witness also told police that Dibiah said he took his son’s body to the bathroom to make sure he was dead, and had dumped the boy’s body. Police have not yet found his body.

Hayley Kelly also claims Dibiah texted a message to her stating, “Sometimes I hear voices, my son is in heaven.”

Kelly claims in the lawsuit she had filed multiple reports with DCS about child abuse by Dibiah, beginning in 2017.

The suit alleges that DCS found those claims to be “unsubstantiated”.

Dibiah faces a charge of murder.

His trial in Marion County is currently set for May.