The maternal grandfather of a nearly 3-year-old New Kensington boy beaten to death in 2020 claims the Westmoreland County Children’s Bureau failed to protect the child after it received allegations he was subjected to repeated incidents of physical and sexual abuse at the hands his mother and her live-in boyfriend.

A five-count lawsuit filed Friday in Westmoreland County claimed the child welfare agency and six unnamed caseworkers failed to remove the young boy from his home after the abuse allegations were first reported and left the boy in danger.

According to court records, Mikel Fetterman, just a month shy of his third birthday, was found unresponsive in a Valley Royal Court home in New Kensington at 1:30 a.m. on March 26, 2020. He was reported to be in cardiac arrest before he was rushed to the hospital.

Police said they found Keith Dale Lilly Jr. attempting to resuscitate the naked child on the living room floor as mother, Teresa Fetterman, wept nearby.

Police said Lilly claimed the boy fell off a couch.

At the hospital, doctors saw other injuries that included a skull fracture with a brain bleed and swelling, numerous cheek bruises, back and lower abdomen bruising, as well as other fractures in various stages of healing. He also rectal bleeding and bruising and hemorrhages in both eyes.

Some injuries dated back several months, according to police.

The child died from blunt force trauma injuries to his head on April 24, 2020, according to court records.

“Prior to Mikel Fetterman’s hospitalization … three or more reports were made to (the Westmoreland County Children’s Bureau) that Mikel Fetterman was suffering from physical abuse, sexual abuse and neglect at the hands of Keith Lilly Jr. and Teresa Fetterman,” according to the lawsuit.

The court filing said at least one report alleging physical and sexual abuse was made just a week before the child was hospitalized that alleged the boy had visible injuries that included two black eyes.

Westmoreland County Children’s Bureau Director Shara Saveikis said the county will not comment on pending litigation.

Lilly, 33, of New Kensington was charged with criminal homicide, involuntary deviate sexual intercourse with a child and other offenses in connection with the child’s death. He is being held in jail without bond as he awaits his trial that is tentatively scheduled to begin in April.

Westmoreland County prosecutors are seeking the death penalty against Lilly.

Fetterman, 25, of New Kensington, is awaiting trial on charges of involuntary manslaughter, aggravated assault child endangerment and other offenses. Prosecutors said Fetterman left her child alone with Lilly when the boy had been beaten on previous occasions.

The night the boy suffered the injuries that led to his death, Fetterman was at home and asleep in another room, police said.

Both Lilly and Fetterman are also named as defendant’s in the wrongful death lawsuit filed against her and the county by Fetterman’s father.

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