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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?
Currently, the San Bernardino American News is informed of at least four lawsuits where there are allegations of physical and sexual abuse of foster children being covered up that resulted in settlements and a jury verdict (now under appeal) of more than $10 million, with a fourth lawsuit going to trial. The plaintiffs all point to the San Bernardino County Department of Children and Family Services as being responsible for failing to protect the children.
The Department of Children and Family Services mission statement is, “Children and Family Services (CFS) protects endangered children, preserves, and strengthens their families, and develops alternative family settings. Services mandated by law and regulations will be provided in the least intrusive manner with a family centered focus. This mission is accomplished in collaboration with the family, a wide variety of public and private agencies and members of the community.”
The Goal of CFS is: “…to keep the child at home when it is safe. If it is determined that the child is at risk, the goal is then to develop an alternative plan as quickly as possible.”
The County of San Bernardino reached settlements in two of the lawsuits totaling more than $7.5 million, and one lawsuit resulting in a federal jury awarding $2.5 million to a former social worker turned whistleblower, all cases involving Child and Family Services. The County of San Bernardino recently announced its appeal of the $2.5M jury verdict.
In response to the San Bernardino American News’ question of whether the County of San Bernardino planned to review or make any changes at CFS as a result of the two civil settlements, and the jury verdict involving CFS, SBC Public Information Officer David Wert responded, “Children and Family Services policy is consistent with applicable laws and other regulations, and always has been. CFS continues to hire staff at all levels on a continuous basis.”
These four lawsuits as well as the California State Attorney General’s announcement of an investigation in 2016, and detailed in numerous SBC Grand Jury Reports, appear to indicate serious issues at CFS, the county’s agency responsible for ensuring the safety of foster children.
Former San Bernardino County Social Worker Eric Bahra, turned whistleblower, informed his supervisors at Children and Family Services of systemic failures that caused 54 foster children to be placed in the home of a known abuser and after Bahra and San Bernardino County Sheriff Detective Michelle Brand witnessed the interview of a foster child victim, Bahra identified the abuser and the 54 foster child victims and gave the list to Brand. (source: https://provider.kareo.com/eric-bahra).
The lawsuits allege CFS failures
As previously reported by The San Bernardino American News, the first in a series of lawsuits was filed in federal court on December 14, 2016, by SBC Social Worker and whistleblower, Eric Bahra, and named the County of San Bernardino, San Bernardino County Department of Children and Family Services (CFS) and its employees, Kristine Burgamy and Nickola Hackett.
Court documents claim when Bahra realized and reported CFS’ failures to monitor, data errors, and the systemic failures caused 54 foster children to be placed in the unlicensed foster home of a known serial child molester, Leonardo Rodriguez, the county covered up the abuse, and retaliated against him. In an interview with the San Bernardino American News, Attorney Charles Bonner confirmed Rodriguez was never arrested.
Attorney Bonner testified that a systemic failure at CFS resulted in 54 foster children being placed at a foster home whose license had been revoked, the home of Leonardo Rodriguez, a serial sexual molester, who sexually molested the foster children. (Source: Gail Fry, The San Bernardino American News).
The court records document that SBC fought Eric Bahra’s whistleblower lawsuit until it went to a jury trial, where testimony and evidence was presented to a jury, after hearing the testimony and evidence, the jury found against the county awarding Bahra $2.5 million in damages.
Five of the 54 children, who were placed in the unlicensed foster home of Leonardo Rodriguez, a serial child molester, were able to retain Attorney Jack Anthony who filed a lawsuit on their behalf.
Anthony gave Bahra credit for his accurate testimony, which assisted Anthony in establishing the county was placed on notice that foster parent Rodriguez was known to have a record of molesting, mistreating and neglecting foster children.
Anthony told the San Bernardino American News that testimony from Bahra provided Anthony with the basis to reach a substantial confidential settlement and some form of justice for five of Rodriguez’ victims.
Attorney Bonner, Bahra’s attorney, verified in an interview with the San Bernardino American News, that despite the fact that SBC Sheriff Detective Michelle Brand witnessed the interview of a 10-year-old girl, one of the children molested by Leonardo Rodriguez, he was never arrested or charged criminally for his alleged molestation of numerous foster children.
Bonner confirmed that San Bernardino County Detective Michelle Brand requested all information about what occurred including the identity of the foster children placed in the home of foster parent Leonardo Rodriguez, however, Rodriguez was not arrested or charged for his alleged crimes. (Source: Gail Fry, San Bernardino American News).
On August 17, 2018, the third lawsuit was filed by foster/adoptive parents, William and Michelle Mueller, and grandparent Michael Dobie, alleging San Bernardino County and/or its social worker, Deborah Kay, was aware a young boy known as E.M. was being sexually abused by his older brother C.T., were negligent, and failed to protect E.M. when he was placed together with his brother C.T. in foster care.
The Muellers’ federal lawsuit claimed prior to their planned adoption of E.M. and C.T., that CFS had intentionally covered up the fact that foster child, E.M., the younger brother, was being abused by foster child, C.T., the older brother.
Eric Rossman, Attorney for the Mueller Family, confirmed his investigation discovered ongoing issues with San Bernardino County CFS, which included prior lawsuits, and several grand jury reports. (source: Gail Fry, San Bernardino American News).
On August 30, Attorney Eric S. Rossman, representing the Muellers and grandparent Dobie, announced the $7.5 million settlement reached with San Bernardino County.
The fourth lawsuit, which is ongoing, was filed on September 25, 2015, at the San Bernardino Superior Court by former SBC CFS Social Worker Mary Anna Whitehall alleged the County of San Bernardino committed fraud upon the court, covered up child abuse occurring within its foster care program, and retaliated against whistleblowers.
Whitehall claimed retaliation by the county after she testified to the San Bernardino Superior Court on March 6, 2014, that SBC Children & Family Services committed a fraud upon the court in order to obstruct justice and discredit former social worker turned whistleblower, Eric Bahra.
As part of their fraud upon the court, Whitehall alleges CFS also concealed and failed to investigate the biological parents of a baby found dead at their home under suspicious circumstances, allowing the biological parents to keep their remaining children.
San Bernardino Superior Court Judge Bryan Foster scheduled a pre-trial hearing in the Whitehall case for October 27, at 8:30 a.m. at the San Bernardino Justice Center.
This article is the third 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 4 will look deeper into the troubled history of this department.
