A family files a $65 million lawsuit against DCFS following the fentanyl-related death of a Southern California toddler

The family of a toddler who died from a fentanyl overdose is suing the Los Angeles County Department of Children and Family Services (DCFS).

While under the care of his mother and grandfather, 17-month-old Justin Bulley died Feb. 18 at home in Lancaster after ingesting fentanyl found in the home.

The boy’s father, Montise Bulley, was trying to gain custody of Justin at the time of his death.

Montise filed a $65 million lawsuit against DCFS, alleging that Justin collapsed and died while his mother, grandfather and a DCFS caseworker were present at the home.

The lawsuit claims social workers were aware of previous drug and driving-related arrests involving the boy’s mother, Jessica Darthard, and his grandfather, Jessie Darthard.

Montise said despite their history, Justin and his three siblings were placed in the care of their mother and grandfather.

“How the hell could this happen?” said Brian Claypool, a lawyer representing the boy’s father. There is one answer. We have a pathetic Los Angeles County Department of Children and Family Services in Lancaster. It is absolutely appalling what is happening at this agency in Lancaster.”

Claypool and Justin’s family held a news conference Wednesday to announce the lawsuit and provide more details about the child’s death.

“In 2006, a mother had her first strike in California for firing a gun into an occupied apartment,” Claypool said. “This crime in itself should have deprived this woman of the ability to care for her children.”

According to Claypool, there were other serious cases that should have deprived Jessica of access to the children.

According to the lawsuit, Jessica’s boyfriend died of an overdose on April 10, 2023, and all four of her children witnessed his death.

She had previously been arrested for driving under the influence and crashing her car into a big rig while her children were in the car and little Justin was not in his car seat.

“A search of Jessica Darthard revealed multiple arrests involving alcohol and cruelty to a child in 2023,” according to court documents. “(Jessica) was a known substance user and abuser. Each of her four children was born with illegal drugs in their systems. DCFS also knew that Jessica’s father was a known drug dealer in the Antelope Valley.

On the night of Justin’s death, the lawsuit says a DCFS caseworker assigned to supervise the family visited the boy’s home and even took her own three children with him. Claypool said Justin’s mother and grandfather allegedly drank and used fentanyl in the presence of the children.

“It was only a matter of time before at least one child died at the hands of this mother,” Claypool said. “When Justin died, there were six other children in the house. Another six children could have been dead in this house.

Adding to the allegations, Claypool said the social worker was actually a close friend of Jessica’s.

When the social worker realized that Justin had used drugs and was in trouble, instead of saving the child, he ran away from home with the children, he stated in the lawsuit.

“The county’s designated woman is at the scene of the death!” Claypool said. “And what does she do? She doesn’t step in and try to save these children. She’s not taking these children out of this house. What is she doing? She is a coward – she runs away. When paramedics arrive at the house, she does a 360-degree turn. He runs out of the house with the children.

The social worker was later detained by law enforcement and, after testing the three children, it was found that all of them tested positive for fentanyl, the lawsuit states.

“The level of fentanyl in Justin’s system was astonishing,” Claypool said of the boy’s autopsy report. “He had 25 nanograms of fentanyl in the blood surrounding his heart. It only takes one to kill a child. He had 25 of them in his blood.”

The $65 million lawsuit was filed on behalf of Justin, his father and younger siblings, who reportedly suffered years of abuse and neglect.

“I was devastated,” said Montise, the boy’s father. “I did not understand. I got this call. Who gets a call like that? I did not know, what to do. I was in shock. I hope they change the system. I don’t have all the right answers, but I would like to see a full investigation.”

“The mother and her father are doing drugs, drinking alcohol, and there is a DCFS visitation officer on site,” Claypool said. “This person is there to protect the children and he is at home while the mother of these young children and her father are involved in drugs. There were red flags in this case that warranted the removal of Justin and his three siblings. They should have moved out of Mom’s house years ago. “DCFS officials ignored reports that (Justin) and his siblings were constantly under the influence of alcohol and drugs and were placed in the care of his mother and grandfather, who both abused substances.”

KTLA reached out to the Los Angeles County Department of Children and Family Services for comment, and a spokesperson said it does not comment on pending litigation.