DENVER -- The case of a premature baby who died less than two days after leaving the hospital was reported to the Denver Department of Human Services, but city child protection workers did not provide assistance that might have saved the child’s life, a CALL7 investigation found.

Destiny Lewis was born nearly 3 months premature in December 2007 to a mother with mental, emotional and physical problems and a father who was in his 70s, records show. But when hospital workers contacted the DDHS, city workers determined that Destiny could safely go home, records show. Destiny died soon after her release from the hospital.

“I was overwhelmed,” said Destiny’s mother Dawn Ortega. “I was the happiest mother on earth, but I was terrified.”

By her own admission and confirmed by medical records, Ortega suffered from physical and sexual abuse, a serious head injury, emotional issues, H.I.V. and memory loss. Medical staff and social workers recognized that Ortega would have trouble caring for a premature infant who had serious medical issues.

A social worker at Rose Medical Center contacted DDHS in February 2008, telling the child protection workers that there was a “medically fragile infant and a mother with cognitive disabilities” at the hospital, medical records show. The records also show the hospital worker was concerned about Ortega’s “ability to parent.”

A DDHS worker visited Ortega at the hospital, but disagreed with the hospital’s concerns.

"The (mother of the child) has skills and ability to parent her child safely,” the worker wrote in the state child protection computer system. “No safety concerns are identified. No further safety action is necessary.”

Destiny was moved to Children’s Hospital where records indicate another referral was made in April 2008 by a worker there.

There is a “concern to the medical team when Destiny is discharged home,” the worker wrote.

"Denver Department of Human Services observed me prior to her being released from the hospital about a month,” Ortega said.

Destiny was released from the hospital on May 29, 2008, but DDHS took no action either to remove the child from Ortega or provide her with in-home medical care.

They "never contacted you again?” asked CALL7 Investigator John Ferrugia

“No, never felt that I was in need,” Ortega said.

“Never checked on your house when (Destiny) got home?” Ferrugia asked.

“No,” Ortega said.

Four hours after her discharge, Destiny was rushed to the emergency room gasping for air because Ortega had accidentally turned off her oxygen, medical records show. The medical officials again contacted DDHS.

There are “new concerns due to the (patient’s) admission less than 24 hours after discharge,” the Children’s Hospital worker wrote.

After a second call to the city, the DDHS worker called back to say the child would not be taken from Ortega’s home. “They believe (Ortega) can handle the patient with good support,” the hospital worker wrote.

On June 5th, 2008, Ortega was again released home with Destiny and within 48 hours Destiny had died, records show.

“I ran in there I dropped everything," Ortega said. "I ran in the room and she was purple."

Destiny's oxygen tubes had fallen from her nose, records and interviews show.

"They were setting by the side of her and she was on her back," she said.

The coroner ruled Destiny's death an accident.

DDHS Manager Patricia Wilson-Pheanious confirmed that the department could have removed Destiny if caseworkers felt she was in danger.

“Ultimately, it’s the responsibility of the department if it is a situation of safety,” she said. “The department has legal jurisdiction to make that decision.”

She said hospital officials should have coordinated care with DDHS to help the family.

"We would be looking to access that situation and we would do that in concert with the involved medical professionals," she said.

Carrie Anne Lucas, an attorney with the Colorado Cross-Disability Coalition, represented Ortega and said neither DDHS nor Children's Hospital set up adequate services to protect the Destiny. Hospital officials declined to comment on the case.

Because Destiny's death was ruled an accident, there will be no state review to determine if DDHS made mistakes or whether policies should be changed. And DDHS is also not making any changes.

“Has anyone been disciplined?” Ferrugia asked.

“Absolutely, not,” Wilson-Pheanious said.

“Have there been any policy changes,” Ferrugia asked.

“No, there have not,” she said.