The father of a toddler who died while under state supervision is suing the Department for Children and Families and a social worker for damages.

Attorneys for Willis Sheldon filed a nine-count civil complaint in Rutland Superior Court on Thursday charging the state, the department and DCF worker Monica Brown with failure to protect two-year-old Dezirae Sheldon of Poultney.

The complaint seeks compensatory and punitive damages for the state’s role in Dezirae’s death, if any.

Dezirae Sheldon died Feb. 21, two days after being admitted to the hospital with head injuries. She was first taken to Rutland Regional Medical Center and was transferred to Dartmouth Hitchcock Medical Center in Lebanon, N.H. According to the complaint, she was diagnosed with brain injury and suffered retinal hemorrhaging resulting from a crushed skull.

Dezirae’s stepfather, Dennis Duby, is charged with second degree murder in her death. Duby had earlier been accused by Dezirae’s mother, Sandra Eastman-Duby, of causing unrelated injuries to Dezirae, according to the complaint. The complaint alleges that DCF officials knew of those statements by Eastman but did not convey them to police and prosecutors as required by law. The complaint also alleges that DCF knew of those charges against Duby before placing Dezirae back with Eastman.

In June, Attorney General Bill Sorrell concluded that no DCF employees would be charged in connection with Dezirae’s death. That decision was based on a Vermont State Police investigation into DCF’s handing of the case.

“There was no evidence that any of the state or local employees involved in the case were acting in a manner contrary to what they thought was in the best interest of [Dezirae] at the time,” Sorrell said.

Following the deaths of Dezirae and Winooski toddler Peighton Geraw, who was also in DCF care, a legislative panel launched a review of DCF practices but has not issued a report.

Willis Sheldon’s civil suit is being handled by attorney Thomas Costello of the Brattleboro law firm Costello Valente and Gentry.

Costello said Thursday that the case will not likely proceed until Duby’s second degree murder charges are resolved.

“The state will be zealous about protecting the interviews in a criminal investigation,” Costello said. Those interviews will be more available after a verdict is reached in the criminal case.

Costello also said he expects the state to claim governmental immunity from liability. The burden of proof in the civil complaint is different than in the criminal case, Costello said.

“We have to prove that, more likely than not, DCF was negligent,” Costello said.

The Attorney General’s Office has 20 days to respond to the civil complaint.