LOS ANGELES – Dozens of county social workers protested in downtown Los Angeles on Tuesday, accusing District Attorney Jackie Lacey of criminalizing child welfare work by bringing child abuse charges against four of their colleagues.
Two former county social workers and their supervisors were charged March 28 of child abuse and falsifying records stemming from the death of an 8-year-old Palmdale boy who prosecutors said was tortured and murdered by his mother and her boyfriend.
Social workers Stefanie Rodriguez, 30, and Patricia Clement, 65, and supervisors Kevin Bom, 36, and Gregory Merritt, 60, are facing one felony count each of child abuse and falsifying public records.
The charges stem from the May 24, 2013, death of Gabriel Fernandez. According to police and prosecutors, Gabriel was a long-time abuse victim. When he died, he had a fractured skull, broken ribs and burns over his body, prosecutors said.
The boy’s mother, Pearl Fernandez, and then-boyfriend, Isauro Aguirre, are facing a capital murder charge stemming from Gabriel’s death.
The case sparked a firestorm of criticism of the county Department of Children and Family Services over reports that the boy and his mother were repeatedly visited by social workers in response to abuse allegations, but the boy was never removed from the home.
Social workers protesting on Tuesday said the system was at fault.
Calling the district attorney’s approach “ignorant” and “unknowledgeable,” supervising children’s social worker Paula Gamboa said Gabriel’s death was caused by heavy caseloads and a lack of support for social workers.
“The root of problem is not with the individual social worker but with the broken and overburdened system in which we work,” Gamboa told the Board of Supervisors following the protest outside.
Some blamed DCFS director Philip Browning, with social worker Veronica Luna saying he had demoralized staffers and created a culture of fear.
“Social workers cannot be scapegoated,” Luna said.
Browning has defended the work done by his agency and its employees.
“I want to make it unambiguously clear that the defendants do not represent the daily work, standards or commitment of our dedicated social workers, who, like me, will not tolerate conduct that jeopardizes the well-being of children,” Browning said after charges were filed against the four former social workers. “For the vast majority of those who choose this demanding career, it is nothing short of a calling.”
Some of those working for Browning said it will now be harder to recruit and retrain social workers.
According to the District Attorney’s Office, DCFS opened a file on Gabriel’s case on Oct. 31, 2012, and maintained one until the boy’s death. Prosecutors allege that Rodriguez and Clement falsified reports that should have documented signs of escalating physical abuse and the family’s failure to take part in DCFS efforts to help maintain the family.
Prosecutors also contend that Bom and Merritt knew or should have known they were approving false reports.
An investigation revealed that at times over an eight-month period preceding his death, Gabriel — among other instances of violent abuse — was doused with pepper spray, forced to eat his own vomit and locked in a closet with a sock stuffed in his mouth to muffle his screams, authorities said.
All four defendants were fired by the county following an internal investigation into the case. Merritt, however, appealed his firing, and the Civil Service Commission ordered that he be reinstated. The matter is now being appealed in court. A Los Angeles Superior Court judge recently ruled that the county must resume paying Merritt’s salary.
Merritt and the other three criminal defendants each face up to 10 years in prison if convicted.
Lacey has said the social workers and supervisors involved in Gabriel’s case had a legal duty to protect the child.
“We believe these social workers were criminally negligent and performed their legal duties with willful disregard for Gabriel’s well-being. They should be held responsible for their actions,” Lacey said.
Previous related stories:
Four social workers charged in Palmdale boy’s death
Social workers charged: Reaction from “Gabriel’s Justice” founders
County supervisor blasts judge’s ruling on fired DCFS worker
DA to seek death penalty against Palmdale couple in Gabriel’s beating death
L.A. County trying to block return of social worker in Palmdale child abuse death
Accused child killers plead not guilty
Four social workers fired in death of Gabriel
Couple charged with capital murder in death of Palmdale boy
Justice for Gabriel protest, teacher speaks out
Palmdale boy dies after abuse, mother and boyfriend arrested
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Shane Falco says
This case is somewhat disingenuous. How often do judges or district attorney’s recommend probation or even drop charges altogether only to have the person go out and rob/kill/rape or get drunk and ruin lives?
I know, first hand as a mandatory reporter, that social workers are overworked by the endless sewage of abusive parents/boyfriend/baby mama’s the AV. Often the child is simply an additional amount on a government aid check and are often treated worse than the pit bulls or Rottweilers tied to the trees in the yard.
The overworked DCFS workers become desensitized to much of it, most never reported in the press, to the point that minor abuse may be overlooked because kids lie to DCFS workers because they don’t want mom or dad to go to jail.
Hindsight is always 20/20. Errors by DCFS were made and the covering up is worse, but make no mistake, this child is dead because of the sewage sludge parents.
elsa2 says
blame game….what about the school district the teachers social workers at the school, they have had to know what was going on with Gabriel especially the teacher who sees the children every day. is their anything going to happen to these people, one service didn’t drop the ball on this poor baby everyone who has encounter him has….from his FAMILY all the way down the ladder. If one should go down everyone should, make an example, that it doesn’t matter who you are we are all mandated reporters and someone should have said or done something to protect this child and all children.
rf says
I’m not sure how it is in Palmdale, but in Lancaster I’ve seen the DCFS prosecution lawyer agree with everything the defense lawyer has said & the judge refuse to take on a case where the child abuser has admitted to all the charges before it even went to court resulting in NOTHING being done.
Laughing says
Not sure about the last sentence. If the abuser admitted to the charges then they are usually on probation, as well they are required to go to anger management, for drug and alcohol abusers they have therapy, sometimes the offender is separated from the family until certain conditions are met.
The offender may not receive any jail time, but the system is trying to keep families together where acceptable measures can be used. Court and jail are reserved for the more heinous as in this case. The social workers, though over worked, should have stepped up the speed of the case, as well as the supervisors.
elsa says
These people commenting on social workers, acting like they even know the first damn thing about what social workers do need to stop talking crap about educated people on an online newspaper and get an actual job. One person commented about why social workers haven’t gotten killed. Well they obviously are too stupid to know that social workers put their life on the line to try to save children. Yea, not everyone does their job the same but you can’t judge every black, white, or Hispanic the same just based on the color of their skin. So stop judging every social worker the same based on this case. Its horrible what happened to the little boy but people are so caught up in blaming DCFS that they forget who’s physical hands killed that little boy! It wasnt DCFS it was his own mother and her boyfriend.
May that innocent boy rest in peace and the mother who killed who own child get what god thinks is best.
Debbie says
Where are the police, medical responder etc… they should of been arrested. Many more people let this child down.
April says
If there is a social worker reading this please explain why you keep kids too long? Why you don’t remove kids that should have been removed? WHY WHY, Tell the truth were you scared of being attacked by a gang? Did you feel sorry for the parents? WHY? Do sometimes you want to return the kid or keep a kid and your meeting says “NO” WHY??? I want to know how you decide to do what you DO. Because it seems like someone is manipulating someone. Kids should not be your toy to play with!!
ANNON says
To hell with DCFS… its a system that is nothing less than a burden to the taxpayer that is full of phonies and fraud.
Shifty says
Every single time DCFS is called out about suspected child abuse a deputy is dispatched to the same location. Where were the deputies in this whole thing. I know the deputies would have had to go out there and talk with the victim and the person who called in the abuse.
Have the deputies been investigated CRIMINALLY….
Jen says
I am a social worker and from the beginning I’ve hoped charges would be filed. They are a disgrace to our profession.
av victim of child abuse says
@Jen, finally, a sensible person speaks up! Thank You. I know your work is not easy.And I realize that so many do their job to the best of their ability. These social workers being charged didn’t work to the best of their ability, and the lied and covered up. No excuse for that.
Von says
I agree….if there is evidence of social workers being neglectful or lack of integrity …then yes they should face judicial cosequences. In the meantime for the ignorant people making uneducated comments…how about you get the education…certification and become social workers…get out there and give DCFS a hand. Be part of the solution…ever wonder why DCFS even exists? Lets not put everyone under one hat….hold the ones responsible who had a part in this…period.
gregory hernandez says
WHAT FOR? law enforcement is not accountable, govt is not accountable, so why should county employees be held accountable. THIS IS THE BED WE HAVE MADE IN OUR APATHY, especially here in the AV.
you want change you want representation you want accountability… THEN GET OFF YOUR BUTTS AND DO SOMTHING!
Dauntless says
The protesting social workers are running scared. They’re probably afraid that they’ll be next! I pray that the DA is serious about this prosecution and that they’re all convicted to the fullest extent of the law. Yes, we all know how overwhelmed you caseworkers are. We also know that you are paid to do your job. These workers did NOT do their jobs, ethically or morally. If you choose to work in a field such as this, you go in knowing what you will have to deal with. You can’t be a slacker and expect all to turn out right. We’really talking about an innocent boy’s life…. which, was their responsibility to protect. If you social workers can’t do your job, change it! The people (children) who rely on you don’t need your kind of assistance, anyways!
Michelle Egberts says
If I were the defense attorneys for these social workers I would get all the “calls of service” reports from LASD Palmdale Station on the deputies who responded and cleared the calls. Responding deputies should be charged criminally too. Just like the Palmdale deputy that was convicted of rape.
Gladys says
Don’t you think the District Attorney should be doing that too? This is such a shame. Employees so busy trying to look busy…they didn’t do the right thing.
Michelle Egberts says
Gladys, Yes the District Attorney’s Office should be listening to the 911 tapes, reading the police reports and looking at all the “calls of service” to the address. The deputies are just as culpable as the social workers. When citizens want to complain about an LASD deputy, don’t call the station, call Internal Affairs Department 323-890-5300.
I personally commend District Attorney Jackie Lacey for pursuing this case to set example that this type of behavior will not be tolerated and will be prosecuted to the furthest extent of the law. One of our elected officials should write Legislation on this topic and call it “Gabriel’s Law” to protect all the other children who come in to the DCFS system.
Gladys says
agree ME
bitemessworkers says
Falsifying records after the fact is horrifying. They should arrest many more social workers for lying, submitting false report, creating events, lying to children. Not only do they abuse parents and destroy families for federal funds, they treat foster parents like criminals. We hope that all these social workers go to prison. The internal corruption in the department is insane, supervisors running around with their little nazi lying investigators and ss workers. Suprised no one has killed any of them yet for what they do.
Truebrit says
I agree with you and I too hope that they all go to prison. May the lot of them rot in hell. Their nothing but scum
Youhavetobekidding says
The workers on the Gabriel’s case are as guilty as the mom and her boyfriend. They should all rot in prison.