Professional Negligence Law Reporter

The Children’s Services Division of Riverside County’s Department of Public Social Services (DPSS) took Jaiden Hunter, 4, into protective custody. Jaiden, who was later declared a dependent of the Riverside County Superior Court, was then placed in the home of his biological father, Henry Hollins. Hollins obtained a restraining order against Jaiden’s mother, Melissa Hunter, which required her to stay at least 100 yards away from Hollins and from Jaiden’s school.

Months later, DPSS allowed Hunter to have overnight weekend visits with Jaiden at her apartment. Hunter did not return Jaiden at the designated time on multiple occasions, however, and DPSS advised her that this could jeopardize future visits and her ability to obtain custody of her son. Nevertheless, Hunter repeatedly failed to return Jaiden to Hollins at the agreed-upon time. Her failure to return the child after a weekend visit prompted DPSS to obtain a protective custody warrant for Jaiden. Notwithstanding this, for the next 15 days, Jaiden was not returned to Hollins, and DPSS took no meaningful steps to retrieve the child.

Hollins subsequently learned that Hunter had fatally shot Jaiden in the head before killing herself.

Hollins sued the county, alleging violation of the Child Abuse and Neglect Reporting Act; breach of mandatory duties, including the duty to provide an appropriate case plan and remove a child from a home that posed a risk of abuse or neglect; and breach of the duty arising under a special relationship.

The parties settled before trial for $350,000.

Citation: Hollins v. Cty. of Riverside, No. CIV061829831 (Cal. Super. Ct. San Bernardino Cty. Nov. 23, 2020).

Plaintiff counsel: AAJ members Carly L. Sanchez and Roger E. Booth, both of Torrance, Calif.