Gail Fry
Contributor
What is happening to foster children while under the care of San Bernardino County Children & Family Services that led to lawsuits being filed?
In their lawsuit filed in federal court, William and Michelle Mueller, foster and adoptive parents, along with adoptive grandfather Michael Dobie, name the County of San Bernardino Children & Family Services and social worker Deborah Kay of failing in their duty to secure the safety of their adopted son, E.M., while he was involuntarily in the foster care system as well as his right not to be raped, sexually, and physically abused.
The Muellers alleged Kay withheld and eliminated evidence of the physical and sexual abuse endured by E.M and failed to report or stop the abuse by allowing E.M. to be in physically available to his older brother/abuser, C.T. As a consequence, E.M. suffered severe physical and psychological trauma and damages.
Court documents show E.M. drew illustrations of C.T. gripping a knife and cutting him. The Muellers allege these pictures were shared with Kay who, according to the Muellers, discretely took them out of the foster home.
After E.M. told Kay of C.T.’s abuse, the Mueller’s claim E.M. was put on an additional psychotropic medication, Depakote, and Kay allegedly blamed the boy claiming he was psychologically unstable, and a bad person.
The Muellers detail a pattern of San Bernardino County knowingly concealing abusive foster children, known to abuse other foster children, posing a danger, specifically singling out dependent foster child known as, Rickie F., alleged to have sexually abused a younger male foster child, and CFS failing to document or report it, to where two other boys were also sexually abused.
They characterize San Bernardino County’s conduct as demonstrating a reckless or callous indifference to the federally protected rights of the Muellers and E.M., seeking punitive damages against the county from the court.
Attorney Eric Rossman explained evidence showed an appearance that the San Bernardino County Children and Family Services had ignored, and were indifferent to the warning signs of abuse in the placement of C.T. and E.M. with foster/adoptive parents William and Michelle Mueller (Gail Fry, Black Voice News).
The county answers the Mueller’s complaint
In response to Mueller’s complaint, the County of San Bernardino acknowledged E.M. and C.T. were placed in foster care in 2013 and that it has a responsibility to safeguard children it places into foster care.
Additionally, the county acknowledged that children in foster care have the right to live in a safe, healthy and comfortable home and the right to not be physically and sexually abused, and that they did not disclose to the Muellers C.T.’s pattern of undocumented alleged physical and sexual abuse of his younger brother E.M.
Additionally, the county acknowledged E.M. and C.T. had monthly visits with social worker Kay while they were living with the Muellers in foster care.
Yet, the County viewed its employees’ actions as reasonable, done in good faith and without malice or deliberate indifference, supporting claims of qualified immunity and/or absolute immunity from a lawsuit.
The County further claimed lack of knowledge, unclear questions, that other third parties had responsibility, and the County is immune from liability for its employees’ falsehoods among other defenses and denials.
In prepping for trial, the County of San Bernardino alleged negligence is insufficient to support a violation of due process when resulting in unintended loss of or injury to life, liberty, or property, and has no duty to protect individuals from third parties, that some responsibility belongs to the state, and social worker Kay did not know C.T. was abusing his younger brother E.M. until after C.T. was removed from the Muellers’ home.
The county further alleged not one of E.M.’s service providers or numerous mandated reporters suspected that E.M. was being abused, or notified Kay, or anyone at the County, and denied E.M.’s claim that he had disclosed his abuse to Kay.
The County of San Bernardino rebuffed any claims that they deprived the Muellers or E.M. of rights, privileges, and/or immunities guaranteed by the United States Constitution and other laws that resulted in damage.
The county alleged it has a policy or practice of documenting, reporting, and preventing physical and sexual abuse, did not fail to train or monitor its employees – Kay or others – and has a policy of keeping siblings together, and there was no reason that they knew of to separate the brothers.
The Muellers and Dobie were represented by lead Attorney Eric S. Rossman and co-counsel attorney John Kristensen.
A link to the website for the Rossman Law Group, PLLC, can be found here: https://rossmanlaw.com/
Attorney John Kristensen of Kristensen, LLP, in Los Angeles served as co-counsel representing the Muellers and Dobie in their case against the County of San Bernardino. (source: Attorney Eric Rossman).
On August 30, Eric S. Rossman, attorney for the Muellers and E.M., announced the $7.5 million settlement reached with San Bernardino County.
“[T]he settlement brings closure and justice to the child and his family from this extremely difficult time of their lives,” Attorney Rossman confirmed about the settlement.
“Hopefully, from this settlement and other cases, San Bernardino County will begin taking appropriate steps to correct systemic failures and will better protect children who are placed into its foster care program from physical and sexual abuse,” Rossman declared.
“The County agreed to resolve litigation filed by the child and the adoptive parents,” San Bernardino County Public Information Officer David Wert voiced, reasoning, “While the County has not admitted any liability in this matter, when deciding to resolve litigation the County considers the effects of protracted litigation on children and families.”
Wert concluded, “The County considers the resolution to be consistent with the well-being of all parties.”
In an interview with the San Bernardino American News, Rossman said in his opinion San Bernardino County Department of Children and Family Services is poorly run, children are not safe or protected from harm.
Attorney Eric Rossman described the San Bernardino County Children and Family Services as a poorly run department of the county, that fails to protect children, and even today it’s foster care program is not safe for children. (Gail Fry, Black Voice News)
This article is the second in a series examining the failures by San Bernardino County’s Department of Child and Family Services to protect children entrusted to its care and the millions of dollars in settlement costs to the county as a result. Part 3 will look deeper into the troubled history of this department.
