Michelle K. v. Cnty. of Sonoma

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MICHELLE K., et al., Plaintiffs, v. COUNTY OF SONOMA, et al., Defendants.

No. 22-cv-01202-AMO

United States District Court, N.D. California

September 27, 2024

ORDER GRANTING IN PART AND DENYING IN PART MOTIONS TO DISMISS

RE: DKT. NOS. 220, 222

ARACELI MARTÍNEZ-OLGUÍN UNITED STATES DISTRICT JUDGE

Before this Court are two motions to dismiss brought by (1) Defendant County of Sonoma and County Social Workers; and (2) Defendants State of California and Amy Lafferty.^[1] Having read the parties' papers and carefully considered their arguments therein and those made at the hearing, together with the relevant legal authority and good cause appearing, the Court hereby GRANTS in part and DENIES in part the motions, for the following reasons.

I. FACTUAL BACKGROUND^[2]

In September of 2006, the County of Sonoma (“County”) removed Plaintiffs Michelle K., P.K., and Kristin K. from the custody of their biological parents. Third Amended Complaint (“TAC”) (ECF 209) ¶ 32. Kristin K. was placed in the custody of her aunt, where she remained while she was a minor. TAC ¶ 32. The County placed Michelle K. (age 3), P.K. (age 2), and their sister Kaya K. (age 4) with Defendants Jose and Gina Centeno on October 20, 2006, despite a January 2006 report of suspected child abuse involving two other children the Centenos fostered. TAC ¶ 34. Between October 20, 2006, and September 24, 2008, the County of Sonoma (the “County”), the State of California (the “State”), and the foster care agency TLC Child and Family Services (“TLC”) received frequent reports from the children's biological extended family and others that the children were being physically and emotionally abused, including that they were seen with bruising on their arms and legs, and that they did not want to leave family visits. TAC ¶¶ 35-36.

On September 24, 2008, the Centenos legally adopted Michelle K., P.K., and Kaya. TAC ¶ 39. Prior to the adoption, the County, State, and TLC failed to conduct full background checks on the Centenos, properly inspect their home, assess the well-being of the Centenos' three biological children, speak with Kaya, Michelle K., and P.K. outside of the presence of the Centenos about the care they were receiving, or investigate allegations of abuse made by the children's maternal aunt and Kristin K. TAC ¶ 40. In June of 2009 and March of 2010, the County placed another foster child, Pablo, and his infant sister, Maci, with the Centenos, without evaluating the safety of the children already living there. TAC ¶¶ 41-44.

In September of 2010, the County received multiple reports from teachers that Mr. Centeno physically abused the children, and that Kaya, Michelle K., and P.K. were coming to school with unexplained bruises. TAC ¶¶ 46, 49. The teachers' reports, and interviews conducted with Michelle K., P.K., and Kaya by County Social Worker Jacqueline Johnson, revealed that the Centenos hit the children with their fists, belts, wooden spoons, and hairbrushes; that the Centenos called them names; that the kids were visibly upset about being picked up and were terrified of their adoptive parents; that P.K. came to school with a mark on his neck; that Ms. Centeno hit Michelle K. in the face, knocking her tooth out; that Mr. Centeno kicked Michelle K.; and that the children were punished by being forced to stand holding something heavy over their heads in the shower or stand in the corner with their arms up. TAC ¶¶ 48-50. On September 17, 2010, Johnson met with the Centenos, who asserted that Kaya had sexualized behaviors and that the three children were liars. TAC ¶ 51. They admitted to taping gloves on Kaya's hands at night, to making the children have time outs in the shower, and to putting alarms on the beds to alert when the children moved. TAC ¶¶ 51, 82.

Johnson wrote a report noting her deep concerns about the children's welfare, including that the children were in “dire need of intensive therapy immediately.” TAC ¶¶ 52-53. Johnson noted that the children's statements were consistent and that she believed the parents to be overwhelmed. TAC ¶¶ 52-53. Johnson discussed her report with her fellow County Social Workers Monisha Sashital and Bob Harper. TAC ¶ 53. This information was provided to TLC, the State, and Amy Lafferty, the adoption services representative in charge of the adoption of Pablo and Maci. TAC ¶ 54. Johnson filed an Investigation Narrative after the investigation, substantiating allegations of emotional abuse against the Centenos, finding that the interviews indicated a pattern of harsh physical punishment and verbal abuse, and that she believed the Centenos were overwhelmed and should not care for Pablo and Maci. TAC ¶ 55.

On September 24, 2010, Johnson again met with Ms. Centeno but did not meet with Mr. Centeno. TAC ¶ 56. Johnson “expressed her belief” that the Centenos were overwhelmed and that she was concerned about their frustration level, volatility, and possible burnout. TAC ¶¶ 5657. Johnson consulted with fellow County Social Workers Linda Morrissey, Leslie Winters, and Sashital, and expressed concerns that Michelle K., P.K., and Kaya were “high risk” children, and that this risk would be increased with the adoption of the two younger children. TAC ¶ 57. A few days later, Defendants Lafferty and Johnson learned that Ms. Centeno removed her children from school and after-school programs. TAC ¶ 58.^[3] Nobody from any agency took any further action to check on the welfare of Kaya, Michelle K., and P.K. TAC ¶ 59. The Centenos finalized their adoption of Pablo and Maci on August 19, 2011. TAC ¶ 60.

Between August of 2011 and late 2018, the Centenos shackled Kaya, Michelle K., and P.K. to their beds with alarms to prevent them from leaving and kept them in cages. TAC ¶ 62. Kaya has not been seen since 2012. TAC ¶ 62. In late 2018 and early 2019, there were multiple reports to the County related to suspected child abuse of Maci and Pablo as well as the children's potential danger to themselves and others. TAC ¶¶ 63-68. On October 31, 2018, an unidentified individual submitted a Suspected Child Abuse Report (“SCAR”) to the County and County Social Worker De La Cruz, which listed the history of the Centenos' emotional and physical abuse toward Michelle K., P.K., and Kaya. TAC ¶¶ 63-64. An emergency report was shared with the County on February 7, 2019 regarding concerning behaviors by Pablo and Maci. TAC ¶ 65. County Social Workers interviewed Ms. Centeno but failed to inquire about the whereabouts of Kaya, Michelle K., or P.K. and failed to tour the home, despite Ms. Centeno stating that she was doing everything she could to take care of her “two children” when she had five adopted children. TAC ¶ 66. County Social Workers found insufficient evidence of abuse or safety concerns, took no further action, and closed the investigations. TAC ¶¶ 64, 68. Around the same time, the Centenos traveled to Guanajuato, Mexico, and left Michelle K. and P.K. with a distant relative of Mr. Centeno. TAC ¶ 70.

In late March of 2019, the County received a report of multiple bruises on Maci's arm. TAC ¶ 71. A County report listed the names of all the children who were supposed to be in the care of the Centenos, but County Social Workers Andrea Kroeze and D. Romero “evaluated out”^[4]the report, stating that there were no concerns for Maci in the home. TAC ¶ 71. Nobody questioned Maci or Ms. Centeno or inquired about the other children in the home. TAC ¶ 71. An additional report of abuse on July 23, 2019 was handled similarly by County Social Worker Deborah Gilday. TAC ¶ 72. In October of 2019 and February of 2020, police officers responded to the Centeno house on multiple occasions due to Maci's threats to kill herself and Pablo throwing items. TAC ¶¶ 73-75. In a January 2020 emergency report, Maci disclosed that Mr. Centeno hit her, but the County “evaluated out” the report. TAC ¶ 74.

On June 30, 2020, an American citizen discovered Michelle K. and P.K. in Mexico. TAC ¶ 76. The children were found with a woman who reported that they had been left with her.

TAC ¶ 76. The woman recounted to the American citizen that Michelle K. disclosed that she had been “kidnapped for 8 years” before being brought to Mexico, that her father had raped her while holding her hostage, and that Michelle K. and P.K. had been sexually and physically abused for years. TAC ¶ 76. Mexican social services interviewed and examined the children, and a sexual abuse examination corroborated this narrative. TAC ¶ 77.

The Centenos were arrested on August 19, 2020, and have been charged with felony torture and other crimes, including kidnapping and assault. TAC ¶¶ 85-87. Mr. Centeno was charged with nine additional felony crimes for his suspected sexual abuse. TAC ¶¶ 85-86. Ms. Centeno is now deceased. TAC ¶ 23.

II. PROCEDURAL BACKGROUND

On February 25, 2022, Plaintiffs Michelle K. and P.K., through their guardian ad litem, and Plaintiff Kristin K. (collectively, “Plaintiffs”) filed suit. Plaintiffs filed the Third Amended Complaint (“TAC”), the operative complaint, on May 16, 2024. ECF 209. Plaintiffs allege 19 causes of action related to the abuse they suffered at the hands of the Centenos.^[5] They bring claims against Defendants Jose and Gina Centeno; the County of Sonoma; County Social Workers Josephine McCay, Frederick Jones, Monisha Sashital, Linda Morrisey, Leslie Winters, Janet Taylor, De La Cruz, Andrea Kroeze, Deborah Gilday, D. Romero, the Estate of Jacqueline Johnson, and the Estate of Bob Harper;^[6] the State of California; Amy Lafferty; TLC Child & Family Services;^[7] the City of Rohnert Park; Officer Gonzales; and Officer Groat.^[8]

On June 14, 2024, Amy Lafferty and the State of California moved to dismiss the TAC.

ECF 220. On June 18, 2024, the ...