What dismissal of charges in the death of Gabriel Fernandez means to social workers

LOS ANGELES - “Sobering, sad and dangerous” is what the attorney for the family of 8-year-old Gabriel Fernandez calls what happened in court Thursday.

A judge dismissed all charges against four social workers who were handling the boy’s case.

The four were charged in March 2016 with one felony count each of child abuse and falsifying public records in connection with Gabriel Fernandez's death.

The social workers sent him back to live with his mother, despite complaints
against her. The boy's mother, Pearl Sinthia Fernandez, was sentenced to life in prison and her boyfriend, Isauro Aguirre, was sentenced to death in June 2018.

He was convicted of first-degree murder, and jurors found true the special circumstance allegation of murder involving the infliction of torture.

RELATED: Case dismissed against social workers charged in death of Gabriel Fernandez

The two case handlers and their supervisors at the Department of Children and
Family Services were found factually innocent in the boy’s death.

An LA Judge had no choice, but to do so, since the California Second Court of Appeals had already decided the social workers did not have custody of the boy, thus no control over the mother’s actions.

Had they been declared guilty, it would have set a precedent making all social workers in California responsible for situations that some of them think they have no control over.

Others say it would have made them more responsible in their decision making, saying the precedent now endangers children in the system.

But the union that represents social workers disagrees. David Green from SEIU Local 721, says that they are all still upset about what happened in this case, but that changes have been made. Their case loads are lighter, and there has been more training.

“No one wants those children to do well, more than we do” he explained.

But when we asked if they have all they need to guarantee that the Fernandez case will not happen again, he pauses.

COVID-19 has increased their case load, and the repercussions of stay at home orders on families where there were problems is being felt.

“At this point, I can say that is our mandate, our plan, our desire - to make
sure it never happens again, but I also know there is more than can be done.”