In February, day care workers at the Praise Fellowship Assembly of God Church found Juan Cardenas floating in about 2 feet of water in an uncovered pool.

Criminal charges were not filed in the boy’s death, and detectives said they found no evidence of criminal wrongdoing.

Marion County Prosecutor Terry Curry decided against filing charges after reviewing the case with police detectives.

On Monday, the child’s parents, Juan Gabriel Cardenas and Maricela Serna filed a wrongful death lawsuit against the day care.

Cardenas said he didn’t understand why there weren’t any arrests made in the investigation.

“People get arrested all of the time for leaving their children in a car and running into a store, even if it is for a few minutes and no one gets hurt. I dropped off my son at day care and never saw him alive again. They are supposed to be watching him. He fell in a pool of water and died. How come one was arrested? “Cardenas said in a statement.

Following the boy’s death, Indiana child advocacy groups have pushed for stricter day care laws.