Social Work

Professional Negligence Law Reporter

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Failure to Open Case Plan For At-Risk Child

November/December 2019

Reed v. Cnty. of San Bernardino Children & Family Servs., No. CIVDS 1416377 (Cal. Super. Ct. San Bernardino Cnty. July 3, 2019).

Noah Reed, 5, lived with his father and Hannah Thompson, his father’s girlfriend. Several calls were made to a hotline, warning that Thompson was acting violently toward Reed. Police came to the home, where Reed told them that Thompson had beaten him with a drumstick.

Karen Perry, a social worker with the County of San Bernardino Children and Family Services agency, came to Reed’s house to investigate. She spoke to Reed, his father, and Thompson and determined that Thompson was violent and suffering from mental illness. The social worker referred the family for services and closed the file. Less than a year later, Thompson severely beat Reed. As a result, the child suffered serious brain damage and an ocular nerve injury. He was comatose for several months and now, at the age of 10, suffers from spastic quadriplegia, cognitive difficulties, and bowel dysfunction.

Reed’s mother, on his behalf, sued the county agency, alleging liability for Perry’s failure to open a case plan for Reed once she determined that services were necessary and that he was at risk of violence in his home.

The jury awarded over $113.4 million, apportioning liability at 85% to the county agency, 10% to Reed’s father, and 5% to Thompson.

Plaintiff counsel: AAJ member Steven R. Vartazarian and Matthew J. Whibley, both of Sherman Oaks, Calif.