The father of Justin Bulley and his attorney held a press conference Wednesday, blaming the inaction of the DCFS for the boy's death.
The infant died at his mother's home in February.
At the time, his father, Montise Bulley, who was trying to get custody of the boy, said Justin ingested fentanyl that was left around his mother's home.
The father's attorney, Brian Claypool, claims there were "countless red flags" that "warranted the complete removal of Justin and his 3 siblings," saying the boy's mother and her father had "engaged in a drug binge."
He claims a DCFS social worker on the case was present at the home when Justin fell unconscious.
"On the day of Justin's death, mom and her father are doing drugs, alcohol, and a DCFS visitation supervisor is there," said Claypool at Wednesday's press conference. "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."
The medical examiner confirmed fentanyl was the cause of Justin's death and ruled the manner of death as an accident. No charges have been filed.
"I was devastated," said the boy's father. "I get that phone call ... I didn't understand. I get that phone call ... who gets a phone call like that? I didn't know what to do. I was just in shock."
In a statement sent to Eyewitness News, a DCFS spokesperson said, "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."