The grandfather of a Maui girl at the center of what's being called a landmark Hawai'i Supreme Court case against Child Protective Services says she is doing "as well as can be expected" seven years after she was battered so severely that she nearly died.

Dasia Morales-Kaho'ohanohano, now 9, was under the care of her mother and her mother's boyfriend in April 2001 when she sustained broken bones, a torn intestine and skull injuries. At the time, CPS workers were investigating child abuse allegations against the mother and boyfriend, following an incident two months earlier in which Dasia sustained a broken femur.

But CPS had determined their home to be safe.

After the second alleged beating incident, which left Dasia in critical condition, Dasia's father and grandfather sued the state, saying CPS had a duty to keep the girl safe and did not do enough to do so or even follow its own procedures regarding child abuse cases. The Hawai'i Supreme Court ruled in favor of the father and grandfather last month, awarding them $1.1 million.

George Kaho'ohanohano, Dasia's grandfather and a retired policeman, said Dasia still limps because of the injuries she suffered when she was 2. He said he pursued the case because he wanted to make sure that what happened to his granddaughter never happens to another child.

"She (Dasia) has suffered enough trauma to last a lifetime. I don't want anyone to go through what we went through," he said, speaking to reporters for the first time yesterday at the Honolulu offices of his attorney, Vladimir Devens. Kaho'ohanohano added that the ruling was a "major step for all children."

Devens and some child welfare advocates are calling the case precedent-setting locally and nationally. The case essentially means that DHS has a legal obligation to protect children whose homes are being reviewed by case workers, not just those who are in DHS custody.

He added that DHS was warned about the child's mother and the mother's boyfriend.

"None of this should have happened," Devens said. "They (DHS) failed this child."

Lillian Koller, head of the state Department of Human Services, has disagreed with the ruling.

She was unavailable for comment yesterday. But in an earlier statement, Koller said, "While making the state pay as a 'deep pocket' is one way to get compensation for an injured child, it is unfair to Hawai'i's taxpayers and it is exasperating for our social workers."

Koller also pointed out that no one — not the mother or the mother's boyfriend — was ever charged with child abuse. In the statement, Koller talks about the first incident that left Dasia with a broken femur, but does not discuss the second one that left the girl critically injured.

She added that in the case, DHS attorneys argued that the agency is frequently "sued for intervening 'too early' when taking custody of a child. Now the Supreme Court has decreed that DHS can be liable if we do not move fast enough."

She also said there was no legal basis to remove Dasia from her mother's home, since "no one ever disputed the child had ... two safe family homes."

Dasia's father and grandfather dispute that, and argued there was plenty of evidence to show Dasia should not have been in her mother's care.

At the time of both incidents, Dasia's mother and father were separated and had joint custody of Dasia. Now, Dasia has unsupervised visits with her mother twice a week.

Most of the money awarded in the suit must be put in a special bank account, which Dasia will be able to access when she is 18. The award also covers attorney's fees, and some will go to Dasia's father, Jarrett Kaho'ohanohano, for his pain and suffering, Devens said.

It is unclear how the suit will affect DHS policy. In her statement, Koller said DHS will "comply with the court's interpretation."