The mom of a child who died in a Philadelphia foster home is suing two child welfare agencies for placing the boy in what she says was a crowded home.

Sharee Collins told CBS News Philadelphia that even though she wished she had custody of her son, she trusted that the foster home he was put in, was safe. This past April, her case manager delivered news she couldn’t believe — her 20-month-old son had drowned in a bathtub. Now, Collins says she wears her son, Sy’vir Hill’s ashes around her neck every day.

The toddler died while in the care of a foster parent. 

“He didn’t deserve that, he didn’t. I wouldn’t wish it on nobody else,” said Collins, who is now suing the foster mom and two Philadelphia child welfare agencies, accusing them of negligence.  

According to the lawsuit, at the time of the Hill’s death, the foster mom was “at her max with the children in her home.”

Collins’ attorney, A.J. Thomson, said documents he obtained showed the foster parent had four foster kids, ages four and under, in the home and numerous other child relatives.

“This child drowned in a foster care home. The government is paying this lady to ensure his safety,” Thomson said.

According to the lawsuit, the foster mom put 20-month-old Hill, a 2-year-old, and a 4-year-old in a bathtub together and then went downstairs to cook food in the kitchen. During that time, Hill drowned in the tub. The lawsuit says the 4-year-old, who was in the bathtub, later told DHS investigators that the 2-year-old intentionally drowned Hill.

As of the time of this article, no criminal charges have been filed.

Northeast Treatment Centers is one of the agencies named in the suit. 

“We are deeply saddened over this tragic loss of life,” said Regan Kelly, president and CEO of Northeast Treatment Centers, adding, “In the meantime, we are doing everything possible to support the family as they deal with their grief.”

Tabor Children’s Services did not respond to a request for comment.

CBS News Philadelphia reached out to the District Attorney’s office to see if any criminal charges will be filed. We have not heard back yet.