Gabriel’s Law signed into law to protect kids in California welfare system, takes effect immediately

A bill increasing protections for children in California’s social welfare system was signed into law by Gov. Gavin Newsom on Sunday. It takes effect immediately.Assembly 2304, nicknamed “Gabriel’s Law,” stipulates that social workers employed by county child welfare departments who falsify or alter documents in a case are subject to felony imprisonment, according to a legislative analysis of the bill. Newsom’s office announced the Democratic governor’s signature of the legislation, which was authored by Assemblymember Tom Lackey, R-Palmdale.
Lackey introduced this bill again this year after several years of trying to get it passed, the legislator told The Center Square on Monday.
The bill arose out of the case of an abused child, Gabriel Fernandez, who was abused and ultimately killed by his mother and his mother’s boyfriend, according to previous reporting by The Center Square. Gabriel was starved, abused and tortured for several months before he was killed.
“There are two very strong aspects to this piece of legislation that were a big part of the tragedy of Gabriel Fernandez,” Lackey told The Center Square. “The first would be the emergency care called for in an instance where a mandated reporter or social worker or law enforcement official must take reasonable steps to secure immediate emergency medical care for someone they see who appears to need urgent treatment. That’s got to take place.”
In Gabriel’s case, Lackey said, there were several instances where social workers and other officials did not take immediate action. Holding accountable officials and government employees in those roles was paramount in the legislation, according to Lackey.
The second aspect of the legislation is to require imprisonment for workers convicted of falsifying or altering documents, the legislator said.
“When these workers knowingly manipulate, alter or falsify in any way the records, they’re going to be held accountable for that,” Lackey said. “It’s not going to be brushed under the carpet. There’s going to be statutorily-required consequences for that misconduct.”
No such statutory requirements were in place to when Gabriel was suffering his abuse, which allowed officials to escape accountability, Lackey said.
“When that happens, that is just a license to cover your tracks when you’re discovered,” the legislator said.
The only group to register opposition to the bill, Los Angeles Dependency Lawyers, did not make anyone available to answer The Center Square’s questions. However, in remarks submitted as part of the legislative analysis, the group said the bill would interfere with child protection laws.
“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,” the organization wrote. “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. This bill would deny families accountability when social workers engage in such bad acts. As a result, we oppose this bill.”
The Governor’s Office declined The Center Square’s request for comment on Monday.

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