Los Angeles County Sued for Millions in Medical Kidnapping Case

After a six-year court battle, a mother in Los Angeles who lost custody of her 15-month-old baby through false abuse charges won a major battle for parental rights last week. When Rafaelina Duval’s son Ryan was seized by L.A. County Department of Children and Family Services (DCFS) in 2010, she was falsely accused of intentionally starving him. He had been diagnosed by a pediatrician with “failure to thrive,” but the doctor at the time also noted that the child was in no immediate danger, according to Duval’s attorney, Shawn McMillan. In a stunning blow to Los Angeles County, the jury found that its DCFS social workers “intentionally and willfully” seized her child without a warrant, and did so “with malice.” Additionally, the jury found that the county DCFS had “an official custom and/or practice of seizing children from their parents without a warrant” and failed “to enact an official policy or procedure when it should have done so.” The jury awarded Duval $2.94 million in compensatory damages, plus $165,000 after finding in a separate verdict that she was the victim of discrimination.