Professional Negligence Law Reporter

Doe, 4, was placed in the custody of San Bernardino County. Subsequently, Specialized Care Foster Family Agency placed him in the home of foster parents Hector and Maria Chavez. Several months after his placement, Doe reported that another foster child in the home, 13-year-old A.P., had touched his buttocks and “put glue on me” during the night. County representatives who were called to the home instructed the Chavezes to place chimes on the children’s doors and monitor them more closely. Nevertheless, A.P. allegedly abused Doe again by committing oral copulation on him, an act witnessed by another child in the home. As a result of his experience, Doe has been diagnosed as having post-traumatic stress disorder.

Doe, through a guardian, sued the county and the agency, alleging failure to warn the Chavezes of A.P.’s history of predatory behavior, in violation of regulations mandating that a child’s predatory tendencies be reported to foster parents. Suit also alleged the Chavezes had failed to properly monitor A.P.

The parties reached a settlement in the case for approximately $504,600. The foster care agency paid approximately $399,600; the county paid $75,000; and the Chavezes paid $30,000.

Citation: Doe v. Cty. of San Bernardino, No. CIVDS-19-09170 (Cal. Super. Ct. San Bernardino Cty. Oct. 23, 2020).

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