Eva Hernandez is suing Los Angeles County child services and a non-profit organization in July 2019 death of Noah Cuatro, 4.
Hernandez accuses Department of Children and Family Services of ignoring multiple reports of abuse and failing to remove Noah from his parents' home
Jose Maria Cuatro Jr, 28, and Ursula Elaine Juarez, 25, indicted on one count each of murder and torture.
Cuatro is also accused of sexually assaulting his four-year-old son before his death, then lying that he had drowned in a pool.
Hernandez said Noah had been in and out of foster care since he was born Her lawsuit claims.