CHICAGO (CBS) — The lead attorneys for the Illinois Department of Children and Family Services have said they will not defend two staffers assigned to the AJ Freund case when the 5-year-old boy died, CBS 2 has learned.

That means caseworker Carlos Acosta and his supervisor, Andrew Polovin, will have to hire their own attorneys or represent themselves in the federal civil case that was filed against them earlier this year.

AJ was killed in April, and his parents have been charged with his murder. AJ was found beaten to death and buried in a shallow grave in a field in Woodstock.

DCFS had prior contact with the family, but investigators had deemed allegations of abuse unfounded, despite concerns from a doctor and police.

DCFS has been moving to fire Acosta and Polovin, as well as investigator Kathleen Gold, who worked on AJ’s case prior to Acosta. Gold has since turned in her resignation.