CLEVELAND – Foster parents say they believe the government system to protect children failed a 3-year-old boy.

The child, Curtis, was murdered after he was taken out of a foster home and returned to his biological mother. 

His mother, Timmeka Eggleton, now faces a murder charge. She’s being held in the Cuyahoga County Jail on a $1 million bond.

“Our son should be alive today,” the foster mother said. “He brought so much joy.”  

His foster father said they had the child since he was seven days old.

“Everything, he meant everything to our family,” the foster father said.

Records show, in March, a Cuyahoga County Juvenile Court Judge gave Curtis back to his biological mother permanently.

The foster parents, who asked not to be identified, said they loved Curtis and wanted to adopt him. 

They said they had told the court of their concerns about Curtis’s safety, but, in July of 2022, Cuyahoga County Juvenile Judge Alison Floyd granted custody to Eggleton.  

At that time, employees with Cuyahoga County Division of Children and Family Services were still doing visits and checking on Curtis’ safety.

In March, Judge Floyd held a hearing to determine if protective supervision should be terminated.

Attorney Russ Gates, who was the attorney appointed to represent Curtis, filed a motion in court asking the judge to continue the hearing in March, saying Eggleton is “denying” his ability to investigate the child’s circumstances.

“The child’s mother, Timmeka Eggleton, on March 8, 2023, called me and stated I would not be permitted into her house. I was to visit with the child outside only. I was to be accompanied by someone else and all visits must be pre-arranged; i.e., unannounced visits are not permitted,”  Gates’ motion states. “The mother was verbally abusive, beyond what is typical, speaking in a very insulting and demeaning manner, as well as swearing and being dishonest. She also stated I was not to speak to her of anything she did not want to discuss; it was not clear if she meant permanently or just on that call.”

Gates further noted in the motion he was concerned about the mother’s “abusive, unstable behavior” being directed at the children.

Despite Gates’ concerns, the judge denied his motion, stating progress has been made alleviating the cause of the removal of the child from the home. The judge noted Eggleton had completed parenting classes and gone through mental health treatment.

“The court finds that the child’s continued residence in or return to the home of the mother, Timmeka Eggleton will not be contrary to the child’s best interest,” the judge’s order states. “The placement of the child is appropriate. The continued supervision is not necessary and not in the child’s best interest.”

The judge granted legal custody to Eggleton and terminated protective supervision on March 22. Less than three months later, Curtis was dead.

The Cuyahoga County Medical Examiner’s Office ruled Curtis died of blunt force trauma.

A former caseworker with the county said she felt Curtis should have stayed with the foster parents.

“It was one of the driving factors that led me to leave the agency,” the former caseworker said. “I’m trying to keep children safe.”

She said she broke out in tears when she learned Curtis had died.

Cuyahoga County officials tell the I-Team they are beginning an investigation into the entire case, looking back at everything done by the court, social workers and the parents. And, the county says it is cooperating with police.

We also reached out to the county prosecutor’s office to discuss the matter. A spokesperson released the following statement:

“Our office represented the Cuyahoga County Division of Family Services in this matter and any legal action we took would be based upon the agency’s assessment and determination. The agency is currently reviewing this matter and you would need to direct your questions on it to DCFS. The Cuyahoga County Prosecutor’s Office is reviewing this matter for criminal charges.”

Judge Floyd did not return our calls asking to discuss Curtis’s case.

“He had a loving family,” the foster mother said.  “He should be in our arms.”