Yes and no.

The action is likely being brought under Sec. 1983 of the US Code dealing with Civil Rights Violations. There is also a good likelihood they sued the third party provider for common law negligence.

We should realize this, the case is a wrongful death action brought by Daniella's estate. Unfortunately, the two representatives of her estate are her parents. They step into her shoes for the purposes of this action. Regardless of their actions, it is still very likely that Daniella's constitutional rights have been violated by DHS. If that is the case, DHS has civil liability. Without bringing an action, no one will ever collect on that civil liability and DHS, as a governmental agency, walks away without paying a penny.

I preface this by saying I haven't read the complaint.

I know it seems ridiculous, but DHS had a duty to protect Daniella and, if it is found by a jury they didn't and that they were on notice of the neglect, then they violated her constitutional rights and have liability. Daniella's rights mean something and should be asserted by someone.

Whether or not this should be true, I don't know if it is. The Supreme Court at least in DeShaney v. Winnebago looked at a completely tragic case of abuse and neglect and found that there was no constitutional duty on the part of the state to protect a child under social services care from harm.

This is what happened, from Wikipedia:

In 1980, a divorce court in Wyoming gave custody of Joshua DeShaney, born in 1979, to his father Randy DeShaney, who moved to Winnebago County, Wisconsin. A police report of child abuse and a hospital visit in January, 1983, prompted the county Department of Social Services (DSS) to obtain a court order to keep the boy in the hospital's custody. Three days later, "On the recommendation of a "child protection team," consisting of a pediatrician, a psychologist, a police detective, the county's lawyer, several DSS caseworkers, and various hospital personnel, the juvenile court dismissed the case and returned the boy to the custody of his father." The DSS entered an agreement with the boy's father, and five times throughout 1983, a DSS social worker visited the DeShaney home and recorded suspicion of child abuse and that the father was not complying with the agreement's terms. No action was taken; the DSS also took no action to remove the boy from his father's custody after a hospital reported child abuse suspicions to them in November, 1983. Visits in January and March, 1984, in which the worker was told Joshua was too ill to see her, also resulted in no action. Following the March, 1984, visit, "Randy DeShaney beat 4-year-old Joshua so severely that he fell into a life-threatening coma. Emergency brain surgery revealed a series of hemorrhages caused by traumatic injuries to the head inflicted over a long period of time. Joshua did not die, but he suffered brain damage so severe that he is expected to spend the rest of his life confined to an institution for the profoundly retarded. Randy DeShaney was subsequently tried and convicted of child abuse."

And this is what the Court decided:

The court opinion, by Chief Justice William Rehnquist, held that the Due Process Clause protects against state action only, and as it was Randy DeShaney who abused Joshua, a state actor (the Winnebago County Department of Social Services) was not responsible.

Furthermore, they ruled that the DSS could not be found liable, as a matter of constitutional law, for failure to protect Joshua DeShaney from a private actor. Although there exist conditions in which the state (or a subsidiary agency, like a county department of social services) is obligated to provide protection against private actors, and failure to do so is a violation of 14th Amendment rights, the court reasoned "The affirmative duty to protect arises not from the State's knowledge of the individual's predicament or from its expressions of intent to help him, but from the limitation which it has imposed on his freedom to act on his own behalf... it is the State's affirmative act of restraining the individual's freedom to act on his own behalf - through incarceration, institutionalization, or other similar restraint of personal liberty - which is the "deprivation of liberty" triggering the protections of the Due Process Clause, not its failure to act to protect his liberty interests against harms inflicted by other means." Since Joshua DeShaney was not in the custody of the DSS, the DSS was not required to protect him from harm. In reaching this conclusion, the court opinion relied heavily on its precedents in Estelle v. Gamble and Youngberg v. Romeo.

Rehnquist's opinion stated that although the DSS's failure to act may have made it liable for a tort under Wisconsin state law, the 14th Amendment does not transform every tort by a state actor into a violation of Constitutional Rights. Specifically, the act of creating a Department of Social Services to investigate and respond to allegations of child abuse may have meant that Winnebago County assumed a duty to prevent what Randy DeShaney did to Joshua DeShaney, and failure to fulfill that duty may have constituted a tort.