Alejo v. Alhambra - Police failure to investigate report of child abuse was found to be actionable.

Alejo v. Alhambra (200) 75 Cal.App.4th 1180 [Court of Appeal, Second District, Division Seven.]


The opening of this decision states...

In 1973, Dr. Vincent Fontana wrote a book on child abuse entitled, "Somewhere a Child Is Crying." The complaint in this case asks: "Is anyone listening?" In sustaining a demurrer to the complaint, the trial court held a city is not liable when its police officers fail to investigate and report their reasonable suspicions a child has been the victim of physical abuse and, as a result, the child suffers further abuse. We reverse

FACTS:

●    On May 18, 1997, Hector Alejo, Alec's father, became concerned when he observed Alec had severe facial bruising to and surrounding the area of his left eye. He questioned both Alec and his mother, Jamie Clark, about the injury but their explanations did not dispel his concern.


●    On May 21, 1997, Hector received a telephone call from a neighbor and close friend of Clark's, who advised Hector that Clark and Gonzalez were using drugs and Gonzalez was physically beating and abusing Alec. The caller also inquired whether Hector had seen Alec's recent "black eye".

Hector immediately called the Alhambra police department and reported his knowledge about the physical and mental abuse being inflicted upon Alec by Gonzalez, including the incident of the Alec's black eye and the fact he had just received a telephone call alerting him Clark and Gonzalez were using drugs and Gonzalez was in the process of physically abusing Alec, and requested the police immediately go and investigate the matter.

●     The Alhambra police department  failed to conduct any investigation into whether Alec was being abused, failed to prepare an internal report or cross-report to other governmental agencies and offices concerning Alec's possible abuse.

●    Six weeks later Alec was subjected to a severe, violent beating resulting in serious physical injuries.  Alec is now totally and permanently disability.

 

●    Alec filed a lawsuit alleging negligence on the part of the city and Officer Doe in failing to investigate or report a reasonable suspicion of child abuse as mandated by Penal Code section 11164

 

The tiral court found that mandatory provisions of the Child Abuse Prevention Act did not impose a mandatory duty on the city or its police officers to investigate reports of child abuse. A demurrer was granted without leave to amend, which was reversed on appeal.

Held:

Penal Code § 11166, subdivision (a) creates a mandatory duty to investigate and/or reports of suspected child abuse. The failure to investigate was clearly a breach of duty to report.