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I want my baby back

City to pay $250,000 for taking infant from teen mother

(stock photo)
(stock photo)

On September 23, the city council is expected to approve paying $250,000 to settle a case that involved the taking into custody of a seven-day-old child from the baby's then-16-year-old mother in May of 2008 by "several San Diego police officers" and social workers.

The police officers removed the child from the household without obtaining a warrant and, according to a court decision, without any "reasonable or articulable evidence to suggest the infant child was in immediate danger of sustaining severe bodily injury, or that the infant had been abandoned by its mother.”

“[T]he infant was in good health” and was not in “need [of] any medical care.” There was no evidence suggesting “the child was in immediate danger of physical or sexual abuse, nor was there any indication that the physical environment posed any threat to the infant's health or safety."

After taking the baby, county social workers claimed that the mother had abandoned her child, resulting in a permanent loss of custody.

The settlement comes after a long legal battle that wound up in the hands of appellate court judges on two separate occasions. Then, in April 2013, appellate judges determined the police officers’ decision to remove the child violated the mother's Fourth and Fourteenth amendment rights. The case was sent back to the trial court.

Now, more than one year later, the city is ready to settle the issue.

According to the agenda, the city council will authorize "the Mayor, or his designee to pay the sum of $225,000 from the Public Liability Fund No. 720045, in settlement of each and every claim for damages, interest, costs and fees of any type, including attorney fees, against the City of San Diego, its agents and employees..."

The council will discuss the item on Tuesday, September 23, at 10 a.m.

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On September 23, the city council is expected to approve paying $250,000 to settle a case that involved the taking into custody of a seven-day-old child from the baby's then-16-year-old mother in May of 2008 by "several San Diego police officers" and social workers.

The police officers removed the child from the household without obtaining a warrant and, according to a court decision, without any "reasonable or articulable evidence to suggest the infant child was in immediate danger of sustaining severe bodily injury, or that the infant had been abandoned by its mother.”

“[T]he infant was in good health” and was not in “need [of] any medical care.” There was no evidence suggesting “the child was in immediate danger of physical or sexual abuse, nor was there any indication that the physical environment posed any threat to the infant's health or safety."

After taking the baby, county social workers claimed that the mother had abandoned her child, resulting in a permanent loss of custody.

The settlement comes after a long legal battle that wound up in the hands of appellate court judges on two separate occasions. Then, in April 2013, appellate judges determined the police officers’ decision to remove the child violated the mother's Fourth and Fourteenth amendment rights. The case was sent back to the trial court.

Now, more than one year later, the city is ready to settle the issue.

According to the agenda, the city council will authorize "the Mayor, or his designee to pay the sum of $225,000 from the Public Liability Fund No. 720045, in settlement of each and every claim for damages, interest, costs and fees of any type, including attorney fees, against the City of San Diego, its agents and employees..."

The council will discuss the item on Tuesday, September 23, at 10 a.m.

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Comments
3

And the child is where?

Sept. 18, 2014

The settlement didn't reveal that info. Usually it doesn't when a minor is involved. The court of appeals decision did mention that the child had been placed with relatives and they were seeking permanent guardianship. I'm not sure if that has changed. Thanks. -dH

Sept. 18, 2014

Six years? This case took six years to get to this point? I think the fine should be times six. And the police and/or social workers ought to be fired for incompetence.

Sept. 19, 2014

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4S Ranch Allied Gardens Alpine Baja Balboa Park Bankers Hill Barrio Logan Bay Ho Bay Park Black Mountain Ranch Blossom Valley Bonita Bonsall Borrego Springs Boulevard Campo Cardiff-by-the-Sea Carlsbad Carmel Mountain Carmel Valley Chollas View Chula Vista City College City Heights Clairemont College Area Coronado CSU San Marcos Cuyamaca College Del Cerro Del Mar Descanso Downtown San Diego Eastlake East Village El Cajon Emerald Hills Encanto Encinitas Escondido Fallbrook Fletcher Hills Golden Hill Grant Hill Grantville Grossmont College Guatay Harbor Island Hillcrest Imperial Beach Imperial Valley Jacumba Jamacha-Lomita Jamul Julian Kearny Mesa Kensington La Jolla Lakeside La Mesa Lemon Grove Leucadia Liberty Station Lincoln Acres Lincoln Park Linda Vista Little Italy Logan Heights Mesa College Midway District MiraCosta College Miramar Miramar College Mira Mesa Mission Beach Mission Hills Mission Valley Mountain View Mount Hope Mount Laguna National City Nestor Normal Heights North Park Oak Park Ocean Beach Oceanside Old Town Otay Mesa Pacific Beach Pala Palomar College Palomar Mountain Paradise Hills Pauma Valley Pine Valley Point Loma Point Loma Nazarene Potrero Poway Rainbow Ramona Rancho Bernardo Rancho Penasquitos Rancho San Diego Rancho Santa Fe Rolando San Carlos San Marcos San Onofre Santa Ysabel Santee San Ysidro Scripps Ranch SDSU Serra Mesa Shelltown Shelter Island Sherman Heights Skyline Solana Beach Sorrento Valley Southcrest South Park Southwestern College Spring Valley Stockton Talmadge Temecula Tierrasanta Tijuana UCSD University City University Heights USD Valencia Park Valley Center Vista Warner Springs
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