Cherish Freeman (Photos provided by attorneys for Justin Freeman)

CHICAGO (WBBM NEWSRADIO) — A 27-year-old west suburban man has filed a wrongful death lawsuit against a Chicago-based social service provider, because he said, their negligence contributed to the death of his 9-month-old daughter.

The infant’s name was Cherish Freeman. Her mother, from Joliet, is accused of murdering the girl, who died on Christmas Eve.

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“She was a very happy baby. Always smiling.”

Justin Freeman is the father of Cherish. He is suing a foster care provider called Safe Families for Children.

Attorneys said Freeman and Cherish’s mother, together, put Cherish into the care of Safe Families this fall. And that the understanding was, the consent of both would be required to take her out of foster care.

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Cherish Freeman (Photos provided by attorneys for Justin Freeman)

But Freeman and his attorneys said Cherish’s mother alone was able to get Cherish out. And that that’s what led to her death.

“It’s really just heartbreaking for me…It never would’ve happened if they would’ve not released her without my consent,” Freeman said.

Freeman said he had tried to take his daughter out of foster care, but was turned down and told that both parents had to agree to it.

Freeman’s lawsuit asks for damages.

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WBBM has asked the Safe Families organization for a response.