The state Attorney General’s Bureau of Children’s Justice announced Wednesday morning its investigation into San Bernardino County’s Department of Children and Family Services and allegations that children are repeatedly placed into abusive homes, where they have been severely abused, some to the point of death.
California Attorney General Kamala Harris announced Wednesday her office is investigating allegations of systemic failures in San Bernardino County’s Department of Children and Family Services, prompted by horrific tales of children repeatedly being placed into abusive homes where they died or were severely abused.
“We are looking more broadly than any one individual incident. We’re looking at the need for systemic reform and potential systemic breakdowns,” said Jill Habig, special counsel to the attorney general, on Wednesday. “The reason we’re disclosing this now is we’re at a point in the investigation where we need public engagement and input so we have a full, thorough and impartial investigation. We’re putting this out so people can contact us and provide information.”
The investigation was launched last year amid allegations by former social workers that top San Bernardino County officials covered up incidents in which children in the juvenile dependency system either died or were severely abused by their parents or foster parents. At least two lawsuits have been filed by former San Bernardino County social workers alleging whistleblower retaliation.
“We look forward to continuing our work with the Bureau of Children’s Justice in its examination of our practices and are always interested in any outcomes that could benefit our families,” said Marlene Hagen, director of San Bernardino County’s Department of Children and Family Services, in a statement Wednesday.
The allegations in San Bernardino County were among the reasons Harris established the Bureau of Children’s Justice last March.
“Our children embody California’s future and deserve legal rights and equal opportunities to succeed. I created the Bureau of Children’s Justice last year to shine a spotlight on accountability and enforcement gaps that put our children at risk and to protect vulnerable children like foster youth,” Harris said in a statement Wednesday. “The Bureau of Children’s Justice’s active investigations seek to protect children statewide from trafficking, abuse, neglect, and unlawful punishment. I want to encourage members of the public to report information about these investigations to my office.”
Along with its investigation in San Bernardino County, the BCJ is also investigating Humboldt County’s compliance with mandatory reporting laws involving allegations of child abuse and neglect, confinement in juvenile halls and camps overseen by the San Diego County Probation Department, police interaction with students in the Stockton Unified School District, and the way nonprofit private schools, including Tobinworld, treat students with disabilities.
A recent criminal case in Los Angeles County underscores ongoing concerns of the need for reforms in the juvenile dependency system.
In April, two former Los Angeles County social workers and their supervisors — Stefanie Rodriguez, Patricia Clement, Kevin Bom and Gregory Merritt — were each charged with felony child abuse and falsifying public records in connection with the death of 8-year-old Palmdale resident Gabriel Fernandez.
The investigation, which began in 2013, revealed that the Los Angeles County Department of Children and Family Services fielded more than 60 complaints of suspected child abuse against Gabriel’s mother, Pearl Fernandez, and her boyfriend, Isauro Aguirre, and that eight investigations had been opened on the family, including one that was underway when Gabriel died.
Prosecutors allege the four defendants were negligent and minimized dozens of complaints filed against Pearl Fernandez and Aguirre.
In San Bernardino County, allegations by former social workers strike a disturbingly similar chord.
In September last year, former social workers Eric Bahra and Mary Anna Whitehall filed separate lawsuits in San Bernardino Superior Court alleging whistleblower retaliation.
Bahra, who only worked for the county for 11 months, alleged he was fired after reporting to his supervisor in June 2013 that the department’s database did not cross-check reports of child abuse by foster parents. It resulted in a total of 39 children, over the span of 12 years, being placed into a foster home where the father was accused in 2013 of sexually abusing some of the children, taking nude photographs of them and placing them in photo albums.
Whitehall alleges in her lawsuit that she was placed on administrative leave six days after she and two other social workers filed motions in juvenile dependency court alleging the Department of Children and Family Services committed fraud upon the court in order to discredit Bahra, which ultimately led to his termination.
Specifically, top DCFS officials, Whitehall alleges, attempted to discredit Bahra by falsifying evidence in a July 2013 case in which Bahra and another social worker responded to a report of a dead infant at a San Bernardino residence. Bahra reported the home smelling of methamphetamine, and that four other children in the home showed signs of physical abuse. He recommended they be removed from the home and placed into foster homes. The social worker who accompanied Bahra that day, Melissa Pena, corroborated Bahra’s assessment.
But DCFS officials, Whitehall alleges, falsified evidence and told the court Bahra lied in his reports and breached confidentiality. They recommended the four surviving children be returned to their biological parents. By doing so, DCFS jeopardized the safety of the four children, Whitehall alleges.
Six days after filing her motion, Whitehall was placed on administrative leave. She suffered emotional distress, mental anguish, and subsequently resigned, according to her lawsuit.
Bahra’s and Whitehall’s attorney, Valerie Ross, could not be reached for comment Wednesday.
The county has denied the allegations in both lawsuits.
C.L. Lopez, spokeswoman for the county Division of Human Services, declined to comment, citing the pending litigation.
For more information on the Attorney General’s Bureau of Children’s Justice, its pending investigations, or to make a report, visit: oag.ca.gov/bcj/investigations. Tip information can also be emailed to BCJTips@doj.ca.gov.