Facts

Solomon Farr was the biological father of C.F., currently 8 years old, E.F., currently 3 years old, and S.F., currently 6 years old, and had legal and physical custody of all three. Alternative Family Services, Inc., (Alternative) was a private company contracted by Sonoma County and nearly two dozen other counties in northern California to place foster care children into safe and nurturing homes. They were responsible for certifying, selecting, vetting, supervising, training, placing, and all other aspects surrounding the foster home, placement of children in the foster home, and protecting foster children. Mark Zapata Martinez and his wife Martha Martinez were the foster parents to C.F., E.F., and S.F. for Alternative. Mark Martinez sexually assaulted E.F., C.F., and S.F. from around mid-April 2018 until late June 2018. Mark Martinez was convicted and is serving a life sentence in prison. C.F., E.F., and S.F., by and through their guardian and guardian ad litem, brought a lawsuit against Mark Martinez, Martha Martinez, and Alternative.

PLAINTIFFS' CONTENTIONS: Plaintiffs alleged that despite defendant Alternative neglected its responsibilities and violated California state law during the approval process for defendants Mark Zapata Martinez and Martha Martinez. The violations included significant inconsistencies and issues in the approval process, such as the improper use of screening tools and incomplete information in the home study. Alternative placed English-speaking children in a Spanish-speaking foster home despite clear warnings from the foster mother about her inability to provide adequate care. Alternative also failed to conduct unannounced visits to the home and neglected to document conversations with the foster father, who turned out to be the sexual abuser.

DEFENDANTS' CONTENTIONS: Defendant, Alternative Family Services, contended that it followed all required procedures in the vetting, screening and supervision process. Alternative's policies and procedures were more rigorous than what was required by Community Care Licensing and the State of California. The Martinez family fostered 9 other children for another agency, raised 5 biological children of their own, all without incident. The foster parents passed the DOJ, FBI and CACI background checks and had no prior claims against it through Child Protective Services (CPS). Alternative followed up in a home study report on all questions that were not answered on the home study questionnaires. Alternative contended it exceeded the number of references required, properly trained the foster parents and that were no red flags before or after the placement of plaintiffs by the County of Sonoma in the Martinez's home. The plaintiffs were visited by Alternative's social workers once per week during the 70 days that the plaintiffs were in the Martinez home, and the County of Sonoma social workers made regular home visits and supervised the biological father's twice-per-week visits. Neither the biological father, Alternatives social workers, County of Sonoma social workers, or Martha Martinez recognized any change in plaintiffs' demeanor or behavior during the 70-day placement. In the past 5 years since the plaintiffs were removed from the home, no information has been developed that would have indicated that Martinez had any prior child sexual assault history.

Result

Jury verdict of $24.8 million for plaintiffs with Alternative Family Services, Inc. being assigned 60% of the responsibility for plaintiffs' harm, Martha Martinez being assigned 5%, and Mark Martinez being assigned 35%.

Other Information

Alternative Family Services intends to file a JNOV and a notice of appeal.