A bill named after a Southern California boy who died after months of horrific abuse was signed into law Monday to bolster protection for children from parental or familial abuse.
The so-called Gabriel’s Law was signed by Gov. Gavin Newsom after the bill, Assembly Bill 2304, was introduced by Assemblymember Tom Lackey of Palmdale.
Gabriel Fernandez, who was only 8 years old when he died in 2013, endured months of beating and torture by his mother and her boyfriend. His case also led to questions whether LA County could have prevented his death.
Under Gabriel’s Law, social workers are required to ensure a child receives appropriate medical care when the child appears to need immediate emergency medical, surgical or other remedial care. It also clarifies that social workers who knowingly falsify or manipulate official records can be held accountable under existing law, according to Lackey’s office.
“I have carried this bill for years, and I cannot put into words what it means to finally see Gabriel’s Law be signed,” Lackey said. “We came back, we made changes, we fought again, and we refused to let another rejection be the end of this effort.”
Lackey said Gabriel “was never just a name on a bill to me.”
“He was an eight-year-old boy who needed someone to protect him, and the people and systems responsible for doing that failed him,” Lackey said. “I have thought about that every time I walked this bill into another hearing,
another committee and another vote.”
Gabriel’s case later chronicled in the 2020 Netflix documentary series “The Trials of Gabriel Fernandez.”
The Legislature approved AB 2304 last month and sent it to Newsom for consideration.
“Gabriel’s life changed us, and I hope this law helps ensure that another child does not pay the price for the failures we already know how to prevent,” Lackey said.
