This is KPBS Midday Edition. I'm Maureen Cavanaugh a federal judge has reversed a jury verdict and found San Diego county at fault in a child abuse investigation. It is rare for a federal judge to reverse a jury verdict in this reversal could change county policy. The case revolves around the questioning of two young children at school by child protective services without the knowledge or consent of their parents. Joining me is Greg Moran, reporter, The San Diego Union-Tribune. Give us a bit more the background of this case. This was occurred in February. The agency here in San Diego got a report that her husband that she was living with had taken some naked photographs of one of his two children. The child welfare services opened an investigation and in doing that they also opened an inquiry into the two younger children. Within a couple of weeks, the authorities closed the investigation and determined that it was unsubstantiated. What happened was a couple of days after she was told that they were going to close the case, went to the school where these young children attend to question them. She said that she did it to wrap up the case and bring things to a close. The parents believe that this was a fishing expedition and they're trying to find more evidence. So a jury heard this case and found that the county did not violate Sarah's rights but now the judge who heard the case has reversed that verdict. As you mentioned in your story that is very uncommon. These motions are filed and they are very rarely successful. In this case the judge went through all of the evidence and said this is why he believes that the verdict was an error. There was evidence that ensured the social worker did not have a court order, a warrant or the parents permission. All these requirements that the law says you need in order to go interview somebody worked -- weren't there. The judge said in his interview that it was clear that the cash they had proven their case. He says it is something judges don't like to do and something you don't do very often but the clear way of the evidence showed that the county had violated this families right and he reversed the decision. You interviewed a family law attorney was sent a federal appeals court ruling should up the county on notice that they should stop those school site interviews. What did that appeals court ruling say They said in that situation the social worker is acting as a law enforcement official. They're going there to collect information or evidence and the nine-year-old said yes they're still been abuse and that would be something they would have to report to police. If that is the situation then they need the things that you need to question somebody. You need a warrant, a court order or something like that. It got appealed to the Supreme Court which made this ruling that vacated that part of the order but did overturn it. So there's clearly case in this area that says you have to be careful when you do these interviews and that has been out there on the books since 2010. The Kelly says they plan to appeal the decision but if it stands, what it could mean for all the other families whose children have been interviewed under this policy? That is an interesting point. It could give rise to a class action suit for any family or all families whose children were interviewed at school without the consent or knowledge of the parents. The county I'm sure is going to resist this but clearly the longer term implications of this could be difficult because this is the county policy. They do allow social workers to do this and they feel that they are allowed to do that under state law. They are trained to go into these interviews at schools when necessary. Now that a judge has said that when you do that you are violating people's rights, that is a big liability for the county. I've been speaking with Greg Moran, reporter, The San Diego Union-Tribune. You are listening to KPBS Midday Edition.
A federal judge in San Diego has reversed a jury verdict and found a San Diego County policy at fault in an alleged child abuse investigation. U.S. District Judge Roger Benitez ruled Child Welfare Service's policy of interviewing young children without a warrant or parental consent is unconstitutional.
The case stems from a 2013 investigation into the Dees family, which police quickly closed. But county social workers went to interview one of the Dees children at school. The county allows social workers to interview children who are alleged abuse victims or their siblings without their parent's permission.
County social workers eventually dropped their investigation, but the Dees sued and accused the county of violating its constitutional rights. A jury cleared the county in February. But Judge Benitez wrote last week that the jury had made a mistake.
"The only conclusion that reasonable jurors could have reached is that the county’s policy and practice caused the violation of (the Dees') constitutional rights," he ruled.
The San Diego Union-Tribune reporter Greg Moran joins KPBS Midday Edition on Wednesday with more on the case and its potential to open the county up to further lawsuits.
