B.H. v. County of San Bernardino
In September 2008, when B.H. was two years old, his mother, L.H., noticed bruises on B.H.’s face and body when he returned from visitation with L.S. (father). L.H.’s former foster mother[1] reported the injuries to the San Bernardino County Sheriff’s Department. A sheriff’s deputy examined the child, determined there was an ongoing custody dispute, and concluded there was no need for further investigation. A month later, B.H. received a devastating head injury while in the care of his father which will permanently disable him.
L.H., as guardian ad litem, filed a lawsuit against the County of San Bernardino, the City of Yucaipa, Deputy Sheriff Kimberly Swanson, and her supervisor, Sergeant Jeff Bohner,[2] for violation of the Child Abuse and Neglect Reporting Act (CANRA), for not cross-reporting his injuries to the Department of Children and Family Services (DCFS). The trial court granted summary judgment in favor of the public entities and employees (the County defendants); plaintiff appealed.
On appeal, plaintiff claims (1) there were triable issues of material fact as to whether the sheriff’s deputy had a mandatory duty to cross-report suspected child abuse to DCFS, and (2) the court erred in ruling that the county and the sheriff’s deputy were immune from liability for their discretionary functions.
Comments on B.H. v. County of San Bernardino