How Could You? Hall of Shame-James Gamez case-Child Death and Lawsuit

This will be an archive of heinous actions by those involved in child welfare, foster care and adoption. We forewarn you that these are deeply disturbing stories that may involve sex abuse, murder, kidnapping and other horrendous actions.

From Los Angeles, California, the “mother of a 9-year-old boy who died in 2019 due to alleged neglect by his foster parents is suing Los Angeles County, alleging the Department of Children and Family Services ignored warnings of possible abuse from her as well as administrators at the child’s school.

Maria Gamez, the mother of the late James Gamez, brought the lawsuit Tuesday in Los Angeles Superior Court, alleging wrongful death and negligence. She seeks more than $50 million in damages for herself and her two other minor children, identified only as K.G. and A.G.

A DCFS representative could not be immediately reached for comment on the suit.

James had a history of chronic asthma, according to the suit. After his mother accused his father of infidelity, differences arose between the couple that escalated into Maria Gamez becoming a victim of alleged spousal abuse, the suit states.

The DCFS improperly took custody of James and his siblings from Maria Gamez and gave them to the father’s brother and the man’s wife, who became their foster parents, the suit alleges. Maria Gamez alleges the DCFS did not perform an adequate home inspection and criminal background check on the foster parents before placing the children with them at their Downey residence.

“These actions, or more correctly, failures of actions, amount to a continuation by the county, the DCFS and the social workers of the custom and practice of deliberate indifference by them,” the suit states.

James was present at a party at his father’s Downey home on Nov. 16, 2019, where the father and foster parents disregarded his asthma and smoked around him, the suit states. The boy told his 15-year-old sister, K.G., that he did not feel well and started shaking and coughing, so the girl helped him with his inhaler medication, according to the suit.

The girl saw that his condition worsened and that his eyes rolled back as he turned pale before going unconscious, the suit states. His sister called 911 and attempted CPR after he stopped breathing, the suit states.

James was hospitalized and the cause of his respiratory arrest appeared to be related to his asthma, the suit states.

“James also exhibited physical signs and symptoms consistent with diffuse irreparable brain injury and swelling secondary to injury” and “never regained purposeful neurological responses with his environment,” the suit states.

“Throughout this time, each of the plaintiffs was in understandable suffering from utter distraught, despair, fear, heartache, pain, emotional distress at what was happening to her/his loved family member,” the suit states.”

James died Dec. 20, 2019, at Children’s Hospital of Orange County, according to the suit.

“When James died … each of the claimants became a complete wreck,” the suit states.

When the administration at the school James attended told Maria Gamez that there “appeared to be issues with (the boy’s) health and medication usage,” she contacted the county, which “disregarded the information and merely advised the mother to contact the foster parents,” the suit states.

Maria Gamez believes that social workers should have protected her young son from the boy’s father and the foster parents’ alleged abuse and neglect, including their failure to address the child’s ongoing medical needs, the suit states.”

Mother Sues LA County over Son’s Death in Foster Care

[My News LA 12/27/2020]

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