Case details

County didn’t properly address child-abuse claims, suit alleged

SUMMARY

$1375000

Amount

Mediated Settlement

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
During the early portion of 2016, the plaintiff, a 2-year-old girl, resided with her pregnant mother. The mother had been prescribed psychotropic medication for a mental health condition, but she discontinued use of the medication after becoming pregnant. In early 2016, the County of Riverside Department of Public Social Services, Child Protective Services Division, began receiving emergency response referrals stemming from claims that the plaintiff was being abused and/or neglected. In response to those referrals, the county conducted investigations regarding the living conditions in the plaintiff’s home. The plaintiff’s mother told county social workers that she had not received prenatal care for her pregnancy and that she planned to give birth at home. She also routinely prevented the social workers from making contact with her daughter. On some occasions, the county simply closed its investigations, citing the mother’s lack of cooperation. At other times, the county attempted to gain access to the plaintiff by calling law enforcement or attempting to obtain a warrant to remove the plaintiff from her mother’s custody. The efforts failed. On April 21, 2016, a neighbor complained of a horrific smell emanating from the plaintiff’s residence. A police officer gained entry to the home and discovered the plaintiff laying on a mattress next to a deceased infant. The officer reported that the plaintiff was hugging the corpse, which was mummified and emitting a strong odor of decay. The plaintiff’s mother insisted that the deceased infant was not dead but was “faking it” and would wake up. Marla Mahoney, acting as guardian ad litem of the plaintiff, who was identified as “Gail C.” in court filings, sued the county and several of its social workers, including Nikisha Brown, Tiffani Davis, Irene Molina, Roseann Muro and Brietta Looney. The lawsuit alleged that the defendants breached the Child Abuse and Neglect Reporting Act and other mandatory duties relating to children who are receiving child welfare services. Plaintiff’s counsel contended that the county failed to contact law enforcement every time it had a reasonable suspicion about Gail being abused and/or neglected. Counsel contended that if the county had reported the suspected child abuse and neglect to the appropriate law-enforcement agencies, Gail would have been removed from her mother’s home before her mother gave birth. The county generally denied all of Mahoney’s allegations, and it pleaded discretionary immunity as an affirmative defense., Plaintiff’s counsel contended that Gail was forced to sleep with, cuddle and hug her deceased sibling for a period of approximately three weeks. Counsel contended that Gail suffers resultant emotional distress. Plaintiff’s counsel contended that, although Gail was doing well and meeting her developmental milestones, Gail would suffer repercussions from the traumatic events for the rest of her life. Mahoney, acting on behalf of Gail, sought recovery of approximately $2,800 in past medical costs and an unspecified amount in future medical costs. She also sought recovery of damages for Gail’s emotional pain and suffering.
COURT
Superior Court of Riverside County, Riverside, CA

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