Family files $65 million lawsuit after Southern California toddler dies from fentanyl

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 custody of his mother and grandfather, Justin Bulley, 17 months old, died on Feb. 18 at a Lancaster home 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 has filed a lawsuit against the DCFS for $65 million, alleging that Justin fell unconscious and died while his mother, grandfather and a DCFS social worker were present at the home.

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

Despite their history, Montise said Justin and his three young siblings were placed under their mother and grandfather’s care.

“How in the world could this happen?” said Brian Claypool, the attorney representing the boy’s father.” There’s one answer. We have a pathetic L.A. County Department of Children and Family Services in Lancaster. It’s absolutely horrific what happens at that agency in Lancaster.”

Claypool and Justin’s family held a press conference Wednesday announcing the lawsuit and sharing more details surrounding the toddler’s death.

“Dating back to 2006, the mother had a first strike in California for shooting a gun into an occupied dwelling,” Claypool said. “That crime, in and of itself, should have deprived this woman from caring for children.”

According to Claypool, there were other serious instances that should’ve disqualified Jessica from having access to her children.

On April 10, 2023, Jessica’s boyfriend died of an overdose and all four of her children had witnessed the death, the suit claims.

She had previously been arrested for driving under the influence and crashing her car into a big rig while her children were reportedly inside the car and baby Justin wasn’t in a car seat.

“The search of Jessica Darthard showed multiple alcohol-related arrests and cruelty to a child in 2023,” according to court documents. “[Jessica] was a known user and abuser of substances. Each of her four children were all born with illegal drugs in their system. DCFS was also aware that Jessica’s father was a known drug dealer in the Antelope Valley.”

On the night of Justin’s death, the suit claims the DCFS social worker assigned to supervise the family was visiting the boy’s home and even brought along her own three children. Justin’s mother and grandfather were allegedly drinking and using fentanyl while the children were present, Claypool said.

“It was only a matter of time before at least one child died at the hands of this mother,” Claypool said. “There were six other kids in the home when Justin died. There could been another six children dead in this home.”

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

When the social worker realized Justin had ingested the drugs and was in trouble, instead of saving the child, the social worker fled the home with her kids, the suit said.

“The woman appointed by the county is at the scene of the death!” Claypool said. “And what does she do? She doesn’t step in and try to save these kids. She doesn’t pull these kids out of that house. What does she do? She’s a coward — she runs. When the paramedics show up at the house, she does a 360. Runs out of the house with her kids.”

The social worker was later detained by law enforcement and after testing her three children, they were all found with fentanyl in their system, the suit claims.

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

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

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

“The mom and her father are doing drugs, alcohol and a DCFS visitation supervisor is there,” Claypool said. “This person is supposed to protect children and she’s at the home while the mother of these young kids and her father are engaging in drug activity. There were red flags in this case that warranted the removal of Justin and his three siblings. They should’ve all been out of the mom’s house years ago. DCFS employees ignored reports that [Justin] and his siblings were constantly in the presence of alcohol and drugs and placed with a mother and grandfather who were both substance abusers.”

KTLA reached out to the L.A. County Department of Children and Family Services for a comment and a spokesperson said they do not comment on pending litigation.