Los Angeles County Children and Family Services is being accused of failing to remove a four-year-old Palmdale boy from his parents' home.
The boy's parents have since been charged with his murder.
The agency had been authorized by a judge's order to take Noah Cuatro from the family home weeks before he died but never followed through.
"DCSF was the lifeline for Noah Cuatro and they deliberately and knowingly failed to throw Noah Cuatro a life jacket and he is dead because of that," attorney Brian Claypool said.
Claypool represents Noah's great-grandmother Eva Hernandez.
The social worker that sought the removal order stated that the boy was at risk of suffering emotional and physical harm, and as such, needed to be removed from his parents and placed in protective custody.
DCFS Director Bobby Cagle issued a statement saying, determining when and if to remove a child from his or her home is often a sensitive and difficult decision – adding that they strive every day to strengthen the child safety net.
