Birth mother of foster child files wrongful death claim against Kern

Bakersfield Californian, The (CA)

Author: CHRISTINA VANCE, Californian staff writere-mail: cvance@bakersfield.com

The mother of a Kern County foster child who died last year has filed a wrongful death claim against the county.

Angelic Rose Clary's mother allegedly made repeated -- but ignored -- complaints to county employees because she suspected her children were being neglected, according to a claim filed March 12.

Angelic, 3 months, was found dead on Sept. 14 in a foster home on Castleford Street.

Her death was ruled as either natural or accidental by the Kern County coroner's office about three months later. The infant likely breathed in something, possibly vomit, and choked.

Angelic's twin sister, Tiffany, was also found at the foster home with a fever of 104.8 degrees.

Tiffany was rushed to the hospital. Doctors said the infant was dehydrated and hungry. She also tested positive for barbiturates.

The girls' birth mother, Ruth Rodriguez, said she told her social worker, court-appointed attorney and the court she was worried for her twins prior to the death, according to her attorney, Michael Dolan.

"She knew that the kids were being neglected and felt totally helpless," Dolan said. "The county was put on notice by her."

During scheduled visits, Rodriguez noticed her twins were dirty, undernourished and sporting cuts and bruises, Dolan said.

The death weighed heavily on Rodriguez, Dolan said.

"She worked toward getting her kids back, and this kind of deflated her emotionally," he said.

Kern County has looked at the claim preliminarily and doesn't think Child Protective Services is liable, County Counsel Bernard Barmann said Friday.

Barmann suggested it might be a state matter.

The foster parent in charge of watching the Clary twins, Sabrina Stafford, has never been charged criminally. However, Stafford's foster license was suspended a few days after Angelic's death.

Investigators are still deciding whether it's appropriate to file criminal charges against Stafford, Deputy District Attorney Scott Spielman said.

Bakersfield police, who investigated the case, submitted their findings to the District Attorney's office in January.

A forensic pediatrician is reviewing exams, toxicology reports and other medical data to figure out whether or not there are "criminal actions that account for the condition of the children," Spielman said Friday.