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.