MONROE COUNTY, Ala. (AP) — A woman is suing the Alabama Department of Human Resources, saying social workers never should have allowed her daughter to continue caring for her granddaughter.

News outlets report Michaela Cunningham says state workers knew the 11-month-old girl was being abused before she was killed. She had been diagnosed with Shaken Baby Syndrome, after which the hospital notified the agency and Catalaya was briefly removed from the home.

Now Bonita Cunningham and her boyfriend, Dennis Richardson, are charged with murder in last year’s death of Catalaya Jordan Kyles. Autopsy reports show Catalaya suffered blunt force trauma to her abdomen.

Bonita Cunningham has been ordered to undergo a pre-trial mental evaluation. The dead baby’s grandmother wants punitive damages.