WAILUKU >> The grandmother and sister of a dead 4-year-old Maui boy have filed a negligence lawsuit against the state.

The Maui News reports the lawsuit filed Friday claims Department of Human Services failed to protect Zion McKeown from abuse and neglect.

Zion died in 2012 after his father and his father’s girlfriend took him to the emergency room at Maui Memorial Medical Center.

Autopsy results showed injuries to his abdomen consistent with someone stomping on him.

His father Kyle McKeown and his father’s girlfriend, Grace Lee-Nakamoto, are awaiting trial for second-degree murder.

Department of Human Services spokeswoman Kayla Rosenfeld declined to comment on the lawsuit, citing confidentiality.