Former DCFS Worker Convicted in AJ Freund Death Case

Appellate court upholds conviction of Carlos Acosta for failing to protect 5-year-old boy

Mar. 31, 2026 at 10:39am

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An extreme close-up photograph of a shattered child's toy or personal item, lit by a harsh, direct camera flash against a pitch-black background, creating a stark, gritty, investigative aesthetic.A harsh flash illuminates the remnants of a child's broken toy, a haunting symbol of the tragic consequences when child protection systems fail.Crystal Lake Today

The Second District Appellate Court has upheld the conviction of Carlos Acosta, a former Illinois Department of Children and Family Services (DCFS) employee, for his role in the 2019 death of 5-year-old AJ Freund. Acosta was found guilty in 2023 of endangering the life and health of a child after he failed to act on clear signs of abuse and returned AJ to his mother's custody without taking protective measures. Four months later, the boy was beaten to death.

Why it matters

This case marked a first-of-its-kind prosecution in Illinois and the country, holding a DCFS child protection worker criminally accountable for failing to act on known signs of abuse. It highlights the critical importance of DCFS workers upholding their duty to protect vulnerable children.

The details

Prosecutors said Acosta's investigative report was 'actively dishonest and misleading' and contained 'material omissions' about AJ's safety, despite evidence of a large, unexplained bruise and a documented history of unsafe living conditions. The appellate court ruled that Acosta 'had a duty to protect A.J. and had sufficient information and authority to take action' but failed to intervene, which 'was a proximate cause of A.J.'s death'.

  • Acosta was found guilty in October 2023.
  • Acosta was sentenced on June 6, 2024 to six months in jail and probation through December 2026.
  • The appellate court upheld Acosta's conviction on March 31, 2026.

The players

Carlos Acosta

A former Illinois Department of Children and Family Services (DCFS) employee who was convicted of endangering the life and health of a child for failing to protect 5-year-old AJ Freund.

Randi Freese

The McHenry County State's Attorney who said 'Those entrusted with protecting children must be held to the highest standard' and that the case 'marked a first-of-its-kind prosecution in Illinois—and the first successful prosecution of its kind in the country—holding a DCFS child protection worker criminally accountable for failing to act on known signs of abuse'.

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What they’re saying

“When that duty is ignored, the consequences can be irreversible. We remain committed to seeking justice and ensuring accountability.”

— Randi Freese, McHenry County State's Attorney

The takeaway

This case highlights the critical need for DCFS workers to uphold their duty to protect vulnerable children and the consequences when that responsibility is neglected. It sets an important precedent for holding child protection workers accountable for failing to act on clear signs of abuse.