Published: Nov 01, 2013 5:40 PM EDT
Updated: Nov 01, 2013 6:05 PM EDT

PORT CHARLOTTE, Fla. - Another major blow for the Department of Children and Families. WINK News has confirmed the parents who adopted a Port Charlotte boy are now suing saying DCF and two other agencies failed to protect the child.

his biological parents are in jail for keeping the boy locked up for months, living in his own waste, and slipping him only peanut butter bread under the door.

it's been more than three years since deputies found a Port Charlotte boy sleeping in a cabinet in the bathroom of this house. 

"All anyone had to do was pick up the phone and call 911. The police are the ones that saved him ultimately," says Richard Filson, the lawyer for the boy's aunt and uncle.

Investigators say his parents, Thomas and Kimberly Boone kept the then 10-year-old alone in his bedroom for nearly seven months.  The boys aunt and uncle, Laura and William Tywater have since adopted him.

 And now, they're suing DCF, Lutheran Services of Florida and Charlotte Behavioral Health Care stating they all failed to protect him.

"The child was consistently reporting to all of them what was going on and i know from the records that as far as DCF is concerned he went into the room at least twice," Filson adds.

The Tywaters filed a civil complaint Wednesday claiming the DCF investigator on the case knew the boy had not bathed in two months, was being starved, and losing weight.  It states in part, the child 'suffered physical trauma and continues to suffer mental and emotional anguish... damage to his self-esteem and self-worth...'

"He basically escaped from a prison, and you know he's got psychological problems he's going to carry from having endured what he endured but is he doing better? Absolutely," Filson adds.

WINK News reached out to all agencies named in the complaint and they said they cannot comment on any ongoing litigation.  They have 20 days to respond to the courts.  The Tywaters are also suing the stepmother, Kimberly Boone for battery and intentionally inflicting emotional distress.