Facts

Orlando Rouchon and Wytasha Justice are the natural parents of minor J.R. Rouchon called Los Angeles County's 211 line, asking for help finding housing for himself and J.R. The individual who took Rouchon's call contacted the Department of Children and Family Services (DCFS). Gabriela Todmia, who had been a social worker with the DCFS for one year or less, made an unannounced visit to the motel where Rouchon and J.R. were residing while awaiting more permanent housing. Todmia and law enforcement interviewed both Rouchon and J.R. and noted that J.R. did not appear malnourished, was appropriately dressed with her hair combed, and appeared comfortable in the presence of her father. Todmia was given Rouchon's permission to inspect J.R., and found no signs indicative of child abuse or neglect. About a month later, Todmia went to J.R.'s school, seized J.R. from her classroom, and interviewed her. Todmia did not inform J.R. that she could refuse to be interviewed, and/or could leave the interview, or ask her parents to be present for the interview. Following the interview, Todmia applied for a warrant to remove J.R. from her parents' custody, which was denied. Then, Todmia submitted a petition and non-detention report to the juvenile court. As a result, formal dependency proceedings were initiated and the court made jurisdictional findings on the basis of two of the petition's allegations. No orders were made for any forensic interview or medical procedures, including examination of J.R. However, without parental consent or knowledge, a DCFS social worker, Kimberley Allen, took J.R. to the UCLA K.I.D.S. HUB in Torrance where a forensic interview of J.R. was conducted. J.R. was subjected to a full-body examination but the medical procedures and examination found no abuse of any kind. Rouchon, Justice, and J.R., through her guardian ad litem, Robert Powell, filed an action against the County of Los Angeles, Todmia, Allen, and others.

PLAINTIFFS' CONTENTIONS: Plaintiffs contended that defendants violated plaintiffs' constitutional rights when defendants failed to obtain notice or consent to conduct a school interview, and a forensic medical interview and exam. Specifically, plaintiffs contended that defendants caused J.R. to be seized and interrogated at school without a warrant or court order, or parental consent, knowledge or presence, and without immediate need or exigency, in violation of J.R.'s fourth amendment rights. Plaintiffs further contended that by unlawfully causing the interview of J.R., and a forensic medical interview and exam, without a valid court order or consent, defendants interfered with parents' right to the care, custody, and control of their daughter, and J.R.'s right to the care and comfort of her parents, without unreasonable and unjustified government interference, in violation of plaintiffs' first and fourteenth amendment rights. Plaintiff further contended that the wrongful and unlawful conduct of defendants was intentional, done with malice, and/or conscious disregard for J.R.'s rights. Plaintiffs also argued that Los Angeles County breached its duties and obligations to plaintiffs when it failed to establish, implement and follow the correct and proper Constitutional policies and procedures by failing to properly select, supervise, train, control, and review their agents and employees as to their compliance with Constitutional safeguards.

DEFENDANTS' CONTENTIONS: Defendants denied all contentions.

Result

The case settled for $100,000.