Law and Policy

Gabriel’s Law Moves Closer to Becoming Law in California

A bill in California’s Legislature, named for Gabriel Fernandez, 8, whose death revealed a child welfare system in dire need of reform, has passed and is now on the Governor Gavin Newsom’s desk.

Gabriel’s Law, Assembly Bill 2304, is a bill by Assemblyman Tom Lackey that aims to increase protections for children who are abused.

The bill would mandate that social workers make sure that a child is provided with proper medical treatment if there is evidence that emergency, surgical or other treatment may be required.

It would also make clear that social workers who knowingly falsify or manipulate official records may be held accountable under existing law.

In 2013, Gabriel passed away after suffering repeated abuse despite reports and visible signs that he was being abused. The case was later made public in the 2020 Netflix documentary series The Trials of Gabriel Fernandez.

Lackey said Gabriel’s story should bring about permanent changes in the way vulnerable children are protected.

The bill has been introduced in various forms over the past several years, including in 2018, 2020, 2021, and 2023.

Jonathan Hatami, the assistant district attorney who prosecuted Gabriel’s case, described the bill as an important step towards preventing similar deaths.

The bill is a commitment to remember children who have lost their lives due to failures in protection systems, said Emily Carranza, Gabriel’s cousin and founder of the Gabriel Fernandez Foundation.

Children cannot protect themselves, she said, emphasizing the role of adults and child welfare agencies in identifying warning signs and intervening before abuse becomes deadly.

Signed by the governor, Gabriel’s Law would be another legislative step toward improving protections for children who are at risk of child abuse.

 

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