The Department of Family and Protective Services says the foster mother caring for the 11-month old killed in Cedar Park was not telling the truth to case workers.
Spokesperson Julie Moody says Heather Hamilton, Orien Hamilton's aunt and foster mother, did not mention Jacob Salas living in or being a frequent visitor to the home.
Salas, 32, is charged with injury to a child family violence and is behind bars in Williamson County. Cedar Park Police say Salas admitted to injuring the girl by placing her head in between his leg and the floor.
Moody says Orien was originally removed from her biological parents in San Antonio after doctors discovered methamphetamines in her system.
Case workers received a complaint about Salas from Orein's biological father. Moody says the complaints were taken seriously. The next day a criminal background check was done and a case worker went the next day to visit the Cedar Park apartment.
"The foster mother told the case worker that Jacob Salas, the man in question, was not living in her home and went on to say he was living out of state at the time and the CPS worker took that as the man was not living in the home," Moody said.
Salas and Hamilton have three children together all under the age of eight. Paperwork was filed in a Williamson County court by the state to remove the children from Hamilton's custody. The state does not believe the children are safe.
Moody says it is a tragedy anytime a young child is abused or killed.
"One child killed from abuse or neglect is too many and foster children dying from abuse or neglect is unacceptable," Moody said.
The Department of Child Protective Services confirms that eight foster children died from abuse or neglect in the 2013 fiscal year. The Cedar Park girl's death is the fifth in the state in a handful of weeks.
The Health and Human Services Office of Inspector General is launching an investigation into how this case was handled.