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A California father has filed a $65 million lawsuit against the Los Angeles County Department of Children and Family Services after his one-year-old son overdosed while in their care.
Justin Bulley was in the custody of the LA County welfare system and on an approved visit with his mother when he died on February 18.
The Los Angeles County Medical Examiner determined his cause of death was the effects of fentanyl.
Now Montise Bulley, the toddler's father - who was trying to get custody of him - has filed a notice of claims for $65 million in damages alleging a social worker had been in the home when the boy died, reported the Los Angeles Times.
'I don't care about the money, I want my son. They robbed me,' Montise said.
Montise Bulley (left) is suing the LA County welfare system after his one-year-old son Justin (right) died from a fentanyl overdosed while in their care
Justin (pictured) was on an approved visit to his mother's house where the unnamed woman and grandfather were drinking and doing drugs when he died
'I was devastated. I get that phone call... I didn't understand. Who gets a phone call like that? I didn't know what to do. I was just in shock.
'I just miss my boy, I cry every day almost.'
According to the legal filing, Justin was at his mother's house where the unnamed woman and grandfather were drinking and doing drugs.
His mother admitted to police she had been consuming alcohol while Justin and his two siblings, ages 3 and 5, were visiting the home, and their grandfather had been smoking fentanyl, according to the medical examiner's investigation.
The investigation noted there are various version of what happened but the grandfather told officials that the child had an 'interaction with fentanyl at some point.'
Police who searched the home reported finding 'glass pipes, baggies with unknown substances and other drug paraphernalia,' including some in 'areas reachable by the children.'
No arrests have been made in Justin's death, but the Los Angeles County Sheriff's Department is investigating the case, Lt. Michael Gomez told the LA Times.
The father's attorney, Brian Claypool, alleged that a social worker had been at the home when the overdose occurred but fled when the toddler was found unconscious, according to KABC.
Montise (pictured) was trying to get custody of his son and said the visit never should have been allowed given the woman's criminal history
'On the day of Justin's death, mom and her father are doing drugs, alcohol, and a DCFS visitation supervisor is there,' said Claypool.
'This person is supposed to protect children and she is at a home while the mother of these young kids and her father are engaging in drug activity.
'There were massive red flags in this case. In this matter, DCFS played Russian roulette with the lives of Justin' and his siblings.'
Montise was trying to get custody of his son and said the boy never should have been allowed to visit his mother in the first place.
His lawyer claimed Justin's mother has previous convictions for drunk driving and child endangerment in 2023 and the grandfather has a criminal history, which includes drug-related arrests.