A grandmother is suing Fresno County, saying that while social worker deprived her grandson of a chance to live with family, the 10-year-old was sexually by another boy in foster care.

“The grandmother and the uncle wanted to take care of him,” said attorney Charles D. Oren, who represents the women and the child. “As priority, they are supposed to want to place children with willing relatives.”

It is the Bee’s policy to withhold names of sexual-assault victims, name of their relatives and juveniles involved in alleged crimes. The grandmother is suing the county on behalf of her grandson.

Catherine Huerta, assistant director for the Department of Children and Family Services, said she could not comment on the lawsuit because she had not seen it and did not know the specifics of the child’s case.

The boy was placed into foster care because the parents had problems with drug abuse, Oren said.

At the time, relatives of the boy wanted him to be placed with them, but social workers kept him in foster care, Oren said.

On Dec. 17, the 10-year-old was sexually abused by a 13-year-old with a lengthy history of violence, according to the lawsuit filed this week in Fresno County Superior Court.

“According to the boy, it happened more than once at that house.” Oren said.

On behalf of the boy, now 11, the lawsuit maintains the county negligently entrusted others with the boy’s care, negligently supervised the boy’s care and violated statutory duties of providing safe accommodations.

A claim which is usually a precursor to a lawsuit, was rejected in August. While the lawsuit is not legally allowed to name a figure for damages, the rejected claim asked for $1 million,

Besides the county, foster parents Joseph and Naomi Cordova and foster agency Golden State Family  Services also are named in the lawsuit.

Oren has a history of filing such lawsuits. In the past year, he said, he has settled two similar lawsuits with Fresno County and one with Tulare County:

In October 2002, Fresno County agreed to pay about $400,000 to settle a lawsuit filed on behalf of a 2-year-old boy allegedly molested by a 13-year-old boy while in foster care.

In April, Tulare County agreed to pay nearly $190,000 to end a lawsuit filed on behalf of a 10-year-old boy claiming he was sexually assaulted while in foster care by a 13-year-old boy.

In October, Fresno County settled for $350,000 a lawsuit filed on behalf of a 10-year-old boy in foster care.

Oren said he believes most social workers do a valuable job and do it well conscientiously. Many problems come from the fact they are overworked.

“I don’t have any fault with them,” he said. “Even as good as some of the social workers are, they can’t keep up with everything.”