BAKERSFIELD, Calif. (KGET) – More than a month after adoptive parents, Jaqueline and Trezell West were charged with the murders of Orrin and Orson West, Ryan Dean, the biological mother of Classic and Cinsere known as Orrin and Orson West is taking legal action against the Kern County Department of Human Services.

“The mother lost her kids, the grandmother lost her grandchildren, we feel that is an egregious situation,” said San Francisco-based attorney Waukeen McCoy who filed the claim on April 6 on behalf of Ryan Dean, the biological mother.

The claim alleges the department unlawfully took the children — and placed them in danger. Dean tried to get her children returned and said she noticed differences after they started living with the Wests.

Dean’s mother, Dana Moorer, filed requests to have the boys placed with her. The Department of Human Services revoked Dean’s parental rights and denied Moorer’s requests.

Dean and Moorer are seeking $40 million from the county, but McCoy says they are doing this so no other family has to go thru this nightmare.

“They basically denied the claim,” said McCoy. “”We have to get both the response from the county and the state before we file a lawsuit.”

McCoy says Kern County responded and denied the claim on April 19.

The brothers were reported missing out of California City but are now presumed dead. Charles Pettus, the biological father of the boys, is suing the county and has a hearing scheduled next month.

“They just denied the ability to reunite them with their family,” said McCoy. “We have no interest in working with the other side of the family at this time and they haven’t reached out to us.”

The claim is scheduled for discussion in a closed session by the Board of Supervisors at Tuesday’s meeting.

“This family shouldn’t have gone thru this,” said McCoy. “The foster system clearly failed here and so that is really our main goal.”