Bittersweet Justice: California Child Welfare

Occasionally there is justice for those negatively affected by the child welfare and adoption systems. Unfortunately, it is usually bittersweet and much too late. This will serve as REFORM Talk’s justice files.

“In the largest recent judgment against San Jose police, a federal jury on Friday awarded a family $3.25 million after siding with the parents, who accused officers of stealing their young children and placing them in protective custody.”

“At the time, police had become alarmed by the strange sexual behavior exhibited by the family’s 8-year-old daughter, and the father’s lack of cooperation during their abuse investigation. But the family argued the girl had never told investigators she had been molested, and there was no evidence of abuse”

“[O]fficers entered their home without a warrant in 2005 and seized the children, who were kept from their parents for more than a year.”

“Doyle said the 8-year-old daughter had masturbated in her Evergreen School District classroom and talked strangely, mentioning she was taking baths with her father, who refused to cooperate with authorities. Although Doyle acknowledged officers “probably” should have obtained a warrant before entering the home, he said police have the right to retrieve the children if they are in immediate danger.”

“June 29, 2005, Hoyt, Blank, five other police officers and county social workers came to the family’s home on Braden Court and entered without a search warrant. The 3-year-old autistic son and an infant boy were home with their grandmother, and Doyle said officials could not reach the mother — who was in the hospital for surgery — and thought Watson was with the girl.

So they placed the boys into the custody of county child protective services, and then did the same with the girl the next day.

But Watson believes he was targeted because he had hired an attorney after a feud with the school district. He denies the girl had been doing anything sexual.

Even so, a San Jose municipal court judge ruled the officers acted correctly in taking the kids. It wasn’t until the family moved to Napa County in 2006 — nearly 1½ years after the initial seizure — that social workers there reviewed the case and quickly returned the children to the family, said their attorney, Peter Johnson of Walnut Creek.

In 2007, the family sued the city, police, the county, the school district and several officials. The family settled with the county and school officials for an undisclosed amount.”
San Jose ordered to pay $3.2M in child seizure suit

[Mercury News 4/1/11 by Mike Rosenberg]