According to four lawsuits, it was concealed that numerous foster children were abused while under the care of San Bernardino County Children & Family Services.
Gail Fry/Contributor
In 2016, the Muellers, deciding to become foster parents with the hope of eventually adopting, were excited when they applied for their foster home license with San Bernardino County Children & Family Services (CFS). At the time, Muellers say they expressed to San Bernardino County CFS that they would not foster or adopt children with behavioral/ emotional issues or a child subjected to sexual abuse.
About two years later, on January 23, 2018, adoptive parents William and Michelle Mueller, along with adoptive grandfather Michael Dobie, filed a lawsuit in federal court against San Bernardino County for violations of civil rights, violations of the Federal Adoption and Assistance Act & Child Welfare Act, direct and derivative negligence, and negligent concealment on behalf of a minor child, referred to only as E.M.
Documents obtained by The San Bernardino American News reveal on August 29, San Bernardino County agreed to pay $7.5 million with legal fees to settle a federal lawsuit where evidence and testimony was to be presented to a jury claiming the Department of Children & Family Services and/or its social worker, Deborah Kay, had knowledge of sexual abuse, were negligent, and failed to protect a young boy from sexual abuse by his much older brother while they shared a room at a foster home.
The now Mueller Brothers, known as E.M. and C.T., were four and ten years old respectively when they entered the foster care system. After a period of time, C.T. started physically and sexually abusing E.M. and it is alleged in court documents that San Bernardino County Department of Children and Family Services knew and concealed the abuse.
Court documents reveal that the two brothers, ten-year-old C.T. (born in 2003), and his four-year-old younger brother E.M. (born in 2009) were removed and placed in foster care on September 13, 2013, as a result of mental health, substance abuse, and domestic violence issues in their home.
Prior to being placed with adoptive parents, William and Michelle Mueller and grandparent Michael Dobie, court records show that, on or about 2014 to 2016, the younger brother E.M. suffered from being sexually and physically abused by his older brother C.T. while they were both living together at a foster home.
Attorney Eric Rossman told The San Bernardino American News that before E.M. was assaulted by C.T., CFS had removed C.T. from a foster home after he was inappropriate with a female foster child.
(Video: Gail Fry, The San Bernardino American News)
After which, CFS removed C.T. from the foster home, placing him in a male only foster home and in the same room with his brother E.M. CFS has a policy of keeping siblings together whenever possible.
Based on those circumstances, the Muellers claim San Bernardino County, CFS, Kay and other social workers knew E.M. was being physically and sexually abused, and thereby, were placed on notice.
According to the Muellers, social worker Kay met with C.T. and E.M. on a monthly basis in late 2015 and 2016, and during one of those visits, E.M. told Kay that he was being sexually and physically abused by C.T. In response, Kay warned E.M. not to tell the Muellers “their secrets” otherwise he would be removed from the Mueller’s home.
In an interview, Attorney Eric Rossman confirmed his belief that E.M.’s statements were true, that San Bernardino County CFS Social worker Deborah Kay cautioned E.M. to not tell the Muellers, his new adoptive parents, about how his much older brother C.T. had abused him. CFS and Kay disputed E.M.’s account.
(Video: Gail Fry, The San Bernardino American News)
The Muellers alleged the county et. al. and Kay had knowledge, were negligent, and under the color of law, withheld C.T.’s history of sexual and physical abuse from them before the brothers, in 2016, were placed as foster children into their home.
The Mueller’s attorney, Eric Rossman, verified that when the Muellers concluded the adoptions of E.M. and C.T. on or about March 20, 2017, they had no knowledge that C.T. had been violent and sexually abusing his younger brother E.M.
(Video: Gail Fry, The San Bernardino American News)
After moving into the Mueller’s home, by March 26, 2017, E.M. told the Muellers about C.T. threatening to kill him using a knife, pressing it against his neck, and that C.T. had done this before at prior foster homes. When questioned, C.T. confessed his actions to the Muellers.
When the Muellers went to CFS Social Worker Kay to report the incident, Kay referred C.T. for therapy expressing her position to not report the incident. The Muellers then took action to protect E.M. from C.T., having E.M. sleep in Michelle Mueller’s bedroom. On two occasions, C.T. attempted to enter the bedroom, and when Michelle Mueller admonished C.T., he tried to bully her.
After C.T. was repeatedly hitting E.M. resulting in bruises, and E.M. told the Mueller’s C.T. had sexually abused him again, C.T. was removed from the Mueller’s home or on or about May 11, 2017.
The Muellers claim C.T. was able to continue getting away with physically and sexually abusing his brother E.M. while under the care of San Bernardino County CFS, when social worker Deborah Kay neglected to properly document, create a record, or file these reports.
The Mueller’s claim that because the county, CFS and Kay, failed to document, and create a record of C.T.’s ongoing abuse of E.M., unbeknownst to them, a violent child was placed into their home, placing their family in at risk, and causing them harm.
The San Bernardino American News will continue to follow this story, please look for:
A series of lawsuits, verdicts, and settlements, against San Bernardino County Children & Family Services raises alarm – Part 2
