Law protecting children waits for governor's signature

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(The Center Square) – A bill protecting children in California’s social welfare systems passed the Legislature this year and is waiting for Gov. Gavin Newsom's signature.

Assembly Bill 2304, nicknamed Gabriel’s Law, was named after 8-year-old boy Gabriel Fernandez, who was killed by his mother and her boyfriend in 2013 after several months of starvation, abuse and torture, according to news reports.

The bill would make falsifying or altering public records related to a case a crime for social workers employed by county welfare agencies, according to a legislative analysis. Social workers would have to take reasonable steps to arrange emergency care for children who are taken into protective custody. Convictions would carry steep sentences of felony imprisonment, the bill analysis says.

“Gabriel’s tragedy took place when I was still on the Palmdale City Council, and I was still an active Law Enforcement officer. There were several systems that failed to protect Gabriel," said Assemblymember Tom Lackey, R-Palmdale, the bill's author. "Tragically, this heartbreaking affront against justice kept replicating year after year in the Antelope Valley. I felt a personal obligation to do anything I could to prevent any further tragedy. I’m hoping our efforts will contribute in preventing any furtherance of this type of heartbreak.”

The mother, Pearl Sinthia Fernandez, and her boyfriend, Isauro Aguirre, were both tried and convicted of Gabriel’s murder. Fernandez was sentenced to life in prison and is being incarcerated at the Central California Women’s Facility in Chowchilla, according to a search of prison records. Aguirre is incarcerated at California State Prison in Corcoran, another Central California city, according to records.

Notably, several social workers who were involved in Gabriel’s case were criminally charged following Gabriel’s death, but the case against them was ultimately dismissed, ABC reported.

One group that opposed the bill, Los Angeles Dependency Lawyers, did not respond to The Center Square on Thursday for comment. However, the organization submitted comments registering its opposition to the bill earlier this year that indicate the group did not think the bill went far enough.

“This bill interferes with child protection by shielding social workers from accountability for acts of wrongdoing,” the organization wrote in the legislative analysis. “Social workers for county child welfare agencies in the state of California are able to obtain health and other related care for children within their temporary care and custody pursuant to the Welfare and Institutions Code.”

The bill also sought to exclude social workers from current accountability laws, the organization wrote.

“However, as government employees acting on behalf of the state to care for children, social workers are not, and should not be allowed to falsify documents regarding children,” the group wrote. “This bill would deny families accountability when social workers engage in such bad acts. As a result, we oppose this bill.″

Gabriel's family was not available to talk before press time on Thursday.