Facts

In April 2014, 11-year-old Jacquelyn H. reported to a teacher that her mother's live-in boyfriend, Deon Welch, was raping her. The County of Riverside, Department of Public Social Services, Child Protective Services was notified and investigated the referral. Jacquelyn's mother filed a restraining order against Welch. The police closed their file based on Jacquelyn's mother's assertion that Welch had fled to Mexico.

Later that year, in October 2014, Riverside social workers returned to the home to investigate referrals regarding the mother's mental health. At that time, they observed that Welch was living in the home. Jacquelyn recanted her previous statements regarding sexual abuse. The County failed to notify the police that Welch was living in the family home and failed to take any other action to protect Jacquelyn. In September 2016, it was discovered that 13-year-old Jacquelyn was seven months pregnant with Welch's child. Jacquelyn gave birth to a son, who was placed for adoption.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that the County of Riverside social workers who saw that Welch was living in the home in October 2014 had a reasonable suspicion that Jacquelyn was being sexually abused by Welch. She argued that the County violated the Child Abuse and Neglect Reporting Act and various other mandatory duties relating to children who are receiving child welfare services by, among other things, failing to report this reasonable suspicion to law enforcement in October 2014. Plaintiff argued that had the County of Riverside reported suspected sexual abuse to the appropriate law enforcement agencies, such agencies would have acted to either arrest Welch or remove Jacquelyn from the situation.

DEFENDANT'S CONTENTIONS: Defendants generally denied all of the allegations in plaintiff's complaint. They pleaded discretionary immunity and consent as affirmative defenses.

Injuries

Jacquelyn was raped repeatedly for a period of two years, ultimately resulting in her pregnancy. In addition to the severe sexual abuse she endured, Jacquelyn was forced to give birth and place her child for adoption. Plaintiffs contended that Jacquelyn would require lifetime therapy.

Result

The case settled for $10 million before any depositions were taken.

Other Information

Mediation took place before Jay Horton at Judicate West on Aug. 23, 2018.