An attorney representing the mother of Rebekah Baptiste has taken the first steps in filing a lawsuit against the Arizona Department of Child Safety.
Rebekah, 10, died last July after being found severely injured in Holbrook, Arizona.
At the time, Rebekah's mom did not have custody of the young girl or her two brothers.
Records say the young girl was subjected to “horrendous conditions” including forced workouts, laps and planks as punishment in the heat.
A 57-page notice of claim was sent to the department on Thursday alleging that “DCS could have saved Rebekah” because of “years of warnings” and “red flags.”
"She should be here today," said Rebekah's grandma, Sondra Hawkins. "We should not be having this conversation."
The claim details the injuries to Rebekah, including allegations that she was tortured and raped by her father and his girlfriend, Anicia Woods.
Both Richard Baptiste and Woods are facing multiple charges, including murder, and their trial is set for June in Apache County.
ABC15 previously reported that school administrators said they reached out a dozen times to DCS, suspecting abuse or neglect from November 2023 to January 2025.
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The law firm Gallagher & Kennedy filed the claim on behalf of Rebekah’s mother, alleging negligence and gross negligence.
Attorney Matthew Boatman wrote in the claim that there were nineteen-plus reports to the department, “They tell a single, continuous story of escalating danger that any functioning child protection agency would have recognized and stopped.”
One report came from a gas station manager in October 2024. At a preliminary hearing for Baptiste and Woods, the case agent was asked about this incident.
"She told the manager she was being abused by her stepmom, and so he called the police," said Apache County Sheriff's Office Deputy Kole Soderquist.
ABC15 recently obtained the police report documenting that call.
The notice alleges DCS could have saved Rebekah and did not take the legal action required.
The documents request six million dollars total for two claims, including wrongful death.
DCS has told ABC15 that over the last two years, they did not find evidence to support the allegations reported to the department. They also said they didn't have enough under the law to take the Baptiste children.
ABC15 reached out to the department after reviewing the notice of claim. Our team is still waiting for a response.
