Vol. 56 No. 6

Trial Magazine

Verdicts & Settlements: Professional Negligence

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Failure to report suspected child abuse

June 2020

Doe, 11, reported to a teacher that her mother’s live-in boyfriend was sexually abusing her. The County of Riverside Department of Public Social Services was notified, and Doe’s mother filed a restraining order against the boyfriend, who purportedly then fled the country.

Later that year, county social workers returned to the home to investigate referrals regarding the mother’s mental health. While there, the social workers allegedly observed the boyfriend living in the home but failed to notify police or do anything to help Doe, who recanted her previous abuse allegations.

More than two years later, Doe delivered the boyfriend’s baby, and the child was placed for adoption. Doe’s experiences have necessitated lifelong therapy.

Doe, through a guardian, sued the county, alleging its social workers failed to report suspected child abuse after they witnessed the boyfriend living in her home when they returned to investigate. The plaintiff asserted that the defendant violated the Child Abuse and Neglect Reporting Act by failing to report a reasonable suspicion of child abuse to law enforcement. The defense asserted discretionary immunity.

The parties settled for $10 million.

Citation: Doe v. Cty. of Riverside, No. MCC1701255 (Cal. Super. Ct. Riverside Cty. July 3, 2019).

Plaintiff counsel: AAJ members Roger E. Booth, Carly L. Sanchez, and Andrew S. Pruitt, all of Torrance, Calif.