County, social worker sued for placing 4-month-old with dad with history of DV; baby now brain-damaged from abuse (Alameda County, California)

Another example of CPS incompetency. The mother apparently had some drug addiction issues, so they placed the baby with the presumed father, MELVIN SNELL, even through dad (later determined not to be the bio dad) had a history of drug issues AND domestic violence. Within 4 months, the baby is found "listless and unresponsive" from dad's abuse. Although the baby survived, he is now visually impaired and brain damaged. Who says dads are discriminated against? Seems to me that the authorities bend over backwards to accommodate any creep who claims to be a father.

http://www.insidebayarea.com/oaklandtribune/localnews/ci_13602493

Alameda County, social worker face suit on behalf of child found abused
By Chris Metinko
Oakland Tribune
Posted: 10/20/2009 02:22:34 PM PDT
Updated: 10/21/2009 06:28:46 AM PDT

A lawsuit involving a 4-month-old infant, found visually impaired and brain-damaged from abuse in 2005 at the hands of a man whom county officials had placed the child with, may be headed to trial this month.

The lawsuit, filed in 2007, names Alameda County as a defendant for failing to protect the child and for placing the infant in the home of the man, who had a criminal background that included drug and domestic violence offenses.

A worker in the county's Social Services Agency also is named as a defendant.

The case stems from incidents starting at the child's birth in August 2005 through December 2005. Shortly after the child's birth, toxicology tests showed narcotics in the infant's system. The mother, Evelyn Franklin, had a criminal background of narcotics violations. The infant was placed in foster care under court supervision and soon with his presumed father, Melvin Snell.

On Dec. 21, 2005, the infant was found "listless and unresponsive" at Snell's home and had suffered various injuries, including those to the brain.

Snell, later determined not to be the infant's father, was later convicted of a criminal charge in connection with the case and was incarcerated.

The defense claims the county and its social services workers failed to perform or take into account criminal background checks and provide proper visits to Snell's home to make sure the child was not in danger. The suit also contends the county knew

Franklin was living with Snell, a violation of the child's case plan that was developed when the infant was placed with Snell.

The county claims its Social Services Agency made visits to the home and did not know Snell was not the father of the child and that Franklin was living with Snell. The county also claims there was no indication of potential abuse by the presumed father or abuse of his other children also living in the home.

The case currently is in mediation, but could be headed to trial Friday.

In court filings, Mark Mandel, the attorney representing the interests of the child, asks for general and special damages for physical and mental injuries sustained, permanent physical ailments, cost of the suit and further relief.

In recent settlement hearing filings, it is said the plaintiff asked for $8.5 million.

Mandel refused to talk about the case or who hired him when contacted. The child has been adopted by his legal guardian.