Appeals court throws out case against four social workers in Gabriel Fernandez case
into alleged abuse, the case stood as a stern warning to child protective caseworkers across the country.
The decision, which the district attorney’s office still could appeal to the California Supreme Court, troubled Gabriel’s cousin, Emily Carranza.“I’m a little disturbed and disappointed in the judicial system,” she said, adding that she hopes the district attorney’s office will appeal. “What kind of message are they sending to social workers? If you make a mistake, make sure you cover up your tracks? I’m angry.
Lomeli said, and the defendants — who he noted had overruled a scoring system intended to detect whether a child was in danger — had demonstrated “an improper regard for human life.” Eventually, records show, after Fernandez refused to continue counseling, Clement, one of the social workers, recommended that DCFS close the case. But before officially closing it out, she used a risk-assessment rubric, which determined that the family scored a six — a “high” score. High-risk cases can’t be closed unless a supervisor makes a “discretionary override,” which is what happened, according to court documents, when Merritt, a supervisor, downgraded the case to “moderate.
In a dissenting opinion, one of the justices wrote that she was “disturbed by the negative incentives this case creates for social workers and for DCFS,” saying she believes it strips away incentive for social workers to want “to reform and repair the parts of the system that may fail the children it is intended to protect.”
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