California county to pay $32M in child welfare settlement

Several significant lawsuits have been filed against Child Protective Services ( CPS ) in various California counties for negligence, misconduct, or violations of civil rights, resulting in substantial settlements. Here are key examples:
- Tulare County (2023): A $32 million settlement was reached in the case of J.G., an infant who suffered permanent brain damage due to CPS’s failure to investigate multiple reports of abuse and neglect starting in March 2020. The lawsuit alleged negligence by the county’s Child Welfare Services, which failed to act despite clear signs of malnourishment, leading to severe developmental harm. This is noted as one of the largest settlements against a CPS agency in California for a surviving child.
- Orange County (2007): Deanna Fogarty-Hardwick won a $4.9 million judgment after CPS social workers falsely claimed she was unfit, leading to the removal of her two daughters for over six years. The U.S. Supreme Court upheld the verdict, and with interest and attorney fees, the total payout approached $9.3 million. The lawsuit highlighted violations of constitutional rights, including due process and protection from unreasonable seizures.
- San Diego County (2020): A $1.8 million settlement was approved for parents whose four children were removed in 2010 without proper justification and subjected to invasive medical exams at an emergency shelter, violating their constitutional rights. This followed a $750,000 settlement in the same case, with total payouts in San Diego County for similar CPS-related cases exceeding $8.4 million since 2015.
- San Bernardino County (2023): A federal class-action lawsuit was filed on behalf of nearly 6,000 children, alleging systemic failures by Children and Family Services, including high caseworker turnover, excessive caseloads (up to 90 children per worker), and inadequate vetting of foster homes, leading to increased abuse in care. The lawsuit seeks reforms rather than specific monetary damages, so no settlement figure is confirmed.
- Los Angeles County (2022): A whistleblower, Dennis Finn, settled for $1.85 million after being fired for exposing delays and improper practices in CPS following the death of Gabriel Fernandez. The case focused on retaliation rather than direct CPS misconduct toward families.
These cases reflect a pattern of allegations against CPS for negligence, improper removals, or failure to protect children, with settlements ranging from millions to tens of millions. No single lawsuit reaches the “billions” threshold, but cumulative payouts across counties are substantial. For instance, attorney Shawn McMillan, who specializes in suing CPS, has disrupted over $40 million in settlements over two decades, indicating ongoing systemic issues. ( https://www.mcmillan-law.com/ )
For legal action against CPS, note that suing requires proving constitutional violations (e.g., Fourth or Fourteenth Amendment rights) or gross negligence, often under 42 U.S.C. § 1983. Consulting a civil rights attorney specializing in CPS cases is recommended, as these lawsuits are complex and require exhausting administrative remedies first.