Professional Negligence Law Reporter

San Bernardino County’s Children and Family Services division placed Doe, 10, months, in the care of a relative, Rikki Klein. At the time, Joshua Sexton—the biological father of Klein’s two children—who visited frequently, had at least two prior criminal convictions for physical assault. Within weeks of the placement, the county received an emergency referral through its child abuse hotline, stating that Sexton had beaten up Klein in Doe’s presence. The referral also stated that the foster home was filthy and that Klein had failed to keep Doe or her own children clean. The county maintained the foster placement.

Approximately two months later, another referral was made to the hotline, expressing concern about Klein’s use of marijuana, refusal to obtain a restraining order against Sexton, and failure to take Doe for his assessments. The county again continued to allow Doe to stay in Klein’s home.

Doe was later brought to a hospital, suffering from multiple nonaccidental physical injuries, including extensive bruising and a scalp laceration.

Doe sued the county, alleging it failed to provide him with a safe environment with trained foster parents, breached the duty of care arising out of a special relationship, and violated his civil rights. The plaintiff also claimed that the defendant had a custom and practice of placing children with foster parents known or suspected of being abusive.

The plaintiff and the defendant reached a structured settlement of $120,000.

Citation: Doe v. Cty. of San Bernardino, No. CIVDS-19-15642 (Cal. Super. Ct. San Bernardino Cty. Aug. 5, 2020).

Plaintiff counsel: Jack H. Anthony, Costa Mesa, Calif.