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Published on June 27, 2024
Family Sues Los Angeles County DCFS for $65 Million Following Fentanyl Overdose Death of Toddler in LancasterSource: United States Courts

The tragic death of 17-month-old Justin Bulley, who died from a fentanyl overdose, has resulted in his family filing a $65 million lawsuit against the Los Angeles County Department of Children and Family Services (DCFS). The lawsuit comes after the toddler lost his life on February 18 at his mother's Lancaster residence, where he ingested fentanyl found at the home. According to KTLA, Brian Claypool, the attorney representing the boy's father, Montise Bulley, claimed that the DCFS social worker present during the incident did not act to save the child but instead fled the scene with her own children.

Montise Bulley was engaged in a battle for custody at the time of his son's death. During the lawsuit announcement, described by CBS Los Angeles, the father expressed his devastation upon receiving the harrowing call about his son's demise. He shared his hope for changes within the DCFS system.

The allegations against DCFS and the visitation supervisor include misconduct and neglect, as the family's attorney stressed the history of drug- and DUI-related arrests of Justin's mother, Jessica Darthard, and his grandfather, Jessie Darthard, which were known to the social workers. "There were red flags in this case that warranted the removal of Justin and his three siblings," Claypool said during a press conference, as reported by KABC. He added that DCFS employees "ignored reports" that the children were constantly in the presence of alcohol and drugs.

The lawsuit claims that the previous run-ins with the law should have prevented the children's placement with their mother and grandfather. Adding to the dire accusations, the social worker supervising the visit during Justin's death is alleged to have been a close friend of Jessica's and had her own children with her, all of whom tested positive for fentanyl following the incident. "The level of fentanyl that was in Justin's body was staggering," said Claypool, as obtained by KTLA, emphasizing the reportedly lethal concentration found in the boy's autopsy report.

Shiara Davila-Morales, a spokesperson for DCFS, declined to comment, citing the agency's policy on pending litigation. "While we appreciate the opportunity to offer our perspective, the Los Angeles County Department of Children and Family Services does not comment on pending litigation," Morales wrote in an email, a statement reiterated by all sources.