Alicia T. v. County of Los Angeles

In Alicia T. v. County of Los Angeles (1990) 222 Cal. App. 3d 869, a child was taken to the hospital by her family to be examined for a possible vaginal infection. (Id. at p. 875.) Hospital personnel notified the sheriff's department of suspected molestation. (Ibid.) Although the hospital recommended the child be examined by a specialized child abuse trauma group, this was not done. (Ibid.) Instead, she was seen by an allegedly less-qualified physician, who concluded she had been sexually molested. (Ibid.) As a result, the child was placed in foster care for approximately seven weeks although another physician correctly concluded within a few days of her placement that no molestation had occurred. (Id. at pp. 875-876.) The causes of action asserted in Alicia T. mirror plaintiffs' in the present case: civil rights violations, false imprisonment, and negligent and intentional infliction of emotional distress based on failure to have the child properly examined, thus delaying her return to the family. (Alicia T., supra, 222 Cal. App. 3d at p. 876.) The trial court sustained the defendant county's demurrer, which was upheld on appeal. (Id. at pp. 877, 887.) The court noted the function of a social worker was analogous to that of a prosecutor in investigating suspected abuse. Like a criminal prosecutor, "'the social worker must make a quick decision based on perhaps incomplete information as to whether to commence investigations and initiate proceedings against parents who may have abused their children. The social worker's independence, like that of a prosecutor, would be compromised were the social worker constantly in fear that a mistake could result in a time-consuming and financially devastating civil suit.'" (Alicia T., supra, 222 Cal. App. 3d at p. 880.)