Gov. Gavin Newsom has signed a bill aimed at protecting children who are abused.
The law, which went into effect this week, is named “Gabriel’s Law,” after Gabriel Fernandez — an 8-year-old boy in Palmdale who died in 2013 after being tortured and abused by his mother and her boyfriend.
“It devastated the community. Still has,” said State Assemblymember Tom Lackey (R-Palmdale), who worked on legislation related to Gabriel’s case for years. “It hasn't gone away, right? It’s something we still acknowledge.”
Since Fernandez’s death, the Antelope Valley has seen a number of high-profile child deaths at the hands of their parents.
The new law requires social workers to make sure a child gets emergency medical care when needed, and it makes it easier to prosecute social workers who knowingly falsify records.
Officials said there had been warning signs about Fernandez’s abuse, but social workers with the L.A. County Department of Children and Family Services failed to follow up on them. The high-profile case prompted internal reforms in the agency.
What happened to Gabriel
Gabriel died in May 2013, after months of abuse from his mother and her boyfriend. He was found with a number of injuries, including a fractured skull, broken ribs and BB pellets lodged in his body. His mother and her boyfriend were both sentenced.
A teacher had reported signs of abuse to the county, but social workers did not remove him from the home. Then they ended the investigation. Prosecutors charged the social workers with child abuse, but the charges were later dismissed.
“He was literally tortured. And there were many, many, many documented events, and there are many encounters that he had with people that lacked follow-up,” Lackey said.
What does the law change?
Before this week, the law said that social workers may authorize care if a child needs immediate emergency care, but did not require it. Gabriel’s law requires a social worker to secure medical care for a child.
“ They call for an ambulance or escort the child to an emergency room— make sure a physician has the opportunity to provide some level of remedy and documentation of the injury,” Lackey said.
It also clarifies the law so that social workers who are guilty of falsifying or destroying public records can be imprisoned or fined.
Why did the law take so long to change?
Lackey’s previous legislative efforts related to Fernandez’s case failed over the years. He introduced at least five different pieces of legislation that failed to advance.
“I'm not even saying that I blame the pushback and the concern, because if you're too aggressive, there's a tendency to accuse people of wrongdoing when they are not guilty of wrongdoing, so we wanted to make sure that the balance was reasonable,” he said.
Lackey terms out this year. “We're trying to do something as a community to not only pay tribute to [Gabriel], but to prevent it from reoccurring,” he said.
