On March 23, 2012, the plaintiff, an 11-year-old boy with behavioral problems, began treatment at EMQ FamiliesFirst, a comprehensive mental and behavioral health treatment program, in Davis. Shortly after the boy was formally adopted by Lamont Becton and Veronice Becton in June 2005, the Bectons learned that the boy had suffered neglect and/or abuse in the early years of his life. As a result, he had difficulty communicating effectively and making safe decisions based on his age and mental capacity. The boy’s behaviors then continued to escalate to the point where the Bectons could no longer control them effectively. By the time he was 11, everyone who interacted with and treated him knew that he functioned well below his chronological age. The boy’s therapist even claimed that the boy “functioned somewhere where a 2, 3 or 4 year old would function.” As a result, the Bectons sought additional support from Solano County and, ultimately, they were given a recommendation to consider residential treatment at EMQ FamiliesFirst. The Bectons’ adopted son then entered the residential program on March 23, 2012. Upon admission, a social worker wrote in the boy’s needs and service plan, “Given Clients history and current presentation of being unaware of danger to himself due to poor insight and impulsivity, he will be prevented from leaving the grounds for his own safety at this time.” Moreover, she noted, “[He] particularly struggles with being able to make appropriate choices related to his own safety and that of others.” During the evening hours of May 30, 2013, the boy, then 12, went AWOL from campus with 10 other students. At that time, the boy was noted to be smaller and more impressionable than the other children. Shortly after 6 p.m., citizens began complaining of kids fighting at Playfields Park, a public park in South Davis. However, the group of children were basically on their own throughout the night. The boy later claimed that “the gang” played the “kissing game,” during which included boys kissing boys and girls kissing girls, and had sex with each other because “that is just what they do.” He also said that, late in the evening hours, he went into a bathroom stall and had intercourse with a female peer — who was two years older and about 100 pounds larger than him, and who had already admitted to multiple acts of unprotected sex and had already taken Plan B that week. The night also included the group of children running through Davis, stealing, having the police called on them at a local Taco Bell, consuming a bottle of champagne, and smoking marijuana. At 4 a.m. on the morning of May 31, 2013, police responded to the post office that was located just across the street from EMQ and found a girl was sitting on the ground with blood actively dripping from her arm. She, and others were interviewed by police, indicated that there had been a fight with the Bectons’ adopted son and two of the girls in the group. The children were finally returned to EMQ, while the injured female was transported by ambulance to a local hospital. That morning, the Bectons’ son disclosed to a staff member that while he was unsupervised off campus, he had sexual intercourse. A mandatory report was subsequently made, and the boy disclosed to multiple staff members that he was allegedly forced to have sex and regretted doing it. Police from the city of Davis Police Department responded to EMQ and took a report, during which time the boy ultimately said that he was not forced to have sex. After 5 p.m., well over 24-hours after the boy had absconded, the clinical director for EMQ, Audrie Meyer, called Ms. Becton and indicated that Ms. Becton’s son had been sexually and physically assaulted. As a result, the Bectons went to EMQ, removed their son from the program, and took him home. The Bectons claimed that their son’s behavior significantly regressed after the incident and ultimately had to be institutionalized. The boy’s guardian ad litem, Gloria Johnson, and his parents, Lamont Becton and Veronice Becton, sued the operator of EMQ FamiliesFirst, FamiliesFirst Inc.; the clinical director for EMQ, Audrie Meyer; and the regional manager for FamiliesFirst, Gordon Richardson. The boy’s family alleged that FamiliesFirst was governed by, and had violated, the California Community Care Facilities Act, Health and Safety Code §1500 et seq., and Title 22 of the California Code of Regulations § 80000 et seq. They also alleged that FamiliesFirst was negligent in its care and custody over the boy from March 23, 2012 to May 31, 2013 and that Meyer and Richardson had knowledge that other students regularly went absent without official leave and engaged in sexual activity, drinking, drug use, and the like. Plaintiffs’ counsel contended that FamiliesFirst was responsible for ensuring, among other things, that the child-to-staff ratio was sufficient to address the special care and needs of all children in the facility; for providing supervision, protection, and care to the children at all times; for assisting children in working with a group and handling individual problems; and for administering discipline and setting limits for behavior in the community. However, counsel argued that, given the potential risk of harm to students and staff members who could become the targets of physical and/or sexual victimization, FamiliesFirst failed to comply with the strict staffing ratios. Plaintiffs’ counsel also contended that although the Bectons’ son was supposed to receive individualized therapy at least once a week, he received zero individual therapy from Dec. 15, 2012 to April 3, 2013, which was the same time period when the line staff complained of a complete lack of staff, responsiveness, and support from upper management. In regard to the night of May 30, 2013, plaintiffs’ counsel contended that there was inadequate staff to shadow the children that evening, as was clear from the multiple incident reports where staff explicitly noted the lack of adequate staff, resulting in the 11 children going AWOL. Counsel noted that shortly after 6 p.m., a Davis police officer responded to citizen complaints of kids fighting at Playfields Park and encountered the 11 FamiliesFirst residents, including the Bectons’ son, all of whom were identified. As a result, the police officer called FamiliesFirst and told its employees to come get the children, but EMQ FamiliesFirst allegedly responded that it did not have enough staff to come get the group. Counsel contended that even if FamiliesFirst was unable to come get the AWOL group when it was notified of their location by police at around 6 p.m. on May 30, 2013, no one called the Bectons until 24 hours later. Counsel further contended that the boy was supposed to receive his medication that night and that it was once again noted that he was not on campus, but that still no one called the Bectons, who lived just an hour away. Plaintiffs’ counsel argued that as a result, the 12-year-old boy was left to remain on his own throughout the night with a group of children that the facility knew had destructive behaviors. Counsel added that clinical case notes indicated that Meyer was specifically called on the night of the incident and advised of the various AWOL’s, but that Meyer instructed the on-call staff to “wait it out.” Plaintiffs’ counsel argued that this was apparently an intervention Meyer had come to prefer in addressing at-risk, severely emotionally disturbed children who were in public, unsupervised groups that were known to act out sexually. Counsel contended that as a result, the boy was sexually victimized by a girl who was two years older and about 100 pounds larger than him. The boy’s initial disclosure indicated that he was forced to have sex, but he later admitted that he was not forced. However, plaintiffs’ counsel argued that each of the boy’s therapists indicated that, given his low functioning, the boy would not have been able to appreciate the consequences of such conduct. The individual claims against Meyer and Richardson were dismissed after evidence. Defense counsel argued that there was no harm done to the Bectons’ son and that his time at the facility had no impact on his condition., The Bectons claimed that their son’s behavior had significantly regressed after his care with FamiliesFirst and that within a few weeks, he was placed in an involuntary psychiatric hold (Section 5150) at a hospital. Plaintiffs’ counsel contended that prior to being with FamiliesFirst, the boy’s chart contained unverified speculation about what may or may not have happened to him. The boy was in a number of placements between the ages of 0 and 3, and this early childhood history manifested itself in a variety of behavioral disturbances when he was in crisis. He would often cry and scream out in the middle of the night for extended periods of time, he had difficultly staying on task, and he was socially inappropriate at times. He also showed aggression toward other children and teachers, and would often become emotionally dysregulated in the classroom, causing him to be often off-task in school. The boy’s psycho-educational assessments showed significant limitations. He scored in the below-average range, far-below average, and in a borderline range for a vast majority of his assessments. He was diagnosed with post-traumatic stress disorder, reactive attachment disorder, and oppositional defiant disorder. Plaintiffs’ counsel contended that despite the boy’s pre-incident condition, he was scheduled to “graduate” the program and come home with just wraparound services. However, counsel argued that after the events, the boy required intensive, 24-hour care at a locked facility in Utah. Counsel contended that the boy has now been diagnosed with more severe PTSD and has developed schizoaffective disorder. Plaintiffs’ counsel argued that as a result, the boy has never fully recovered, remains at a locked facility, and has never returned home. Although, the boy is allowed to see his parents, it’s only periodically, when his parents can afford to visit. Defense counsel argued that the boy’s condition was due to a pre-existing condition and that the alleged incidents had no impact on his condition.