A horrific, fatal case of child abuse, which resulted in a death-penalty case, tried by a Valencia prosecutor, and a multipart Netflix documentary, led to a bill that passed the Legislature with unanimous support this week.
Gabriel Fernandez was an 8-year-old Palmdale boy who died in 2013 after enduring what was described as a torture killing at the hands of his mother, Pearl Fernandez, and Isauro Aguirre, Pearl’s boyfriend. Pearl Fernandez pleaded guilty and received life in prison, Aguirre was convicted by a jury in November 2017 of first-degree murder, with the special-circumstance torture-murder allegation found true.
The circumstances of the boy’s murder, which were documented in “The Trials of Gabriel Fernandez,” have inspired several pieces of legislation aimed at improving the communication, cross-reporting and accountability of the various agencies involved in child protective services throughout the state.
Specifically, Assembly Bill 2304 by Assemblyman Tom Lackey, R-Palmdale, “would require, if it reasonably appears that the child is (an emergency situation), the social worker to take reasonable steps to obtain emergency care for the child,” according to the text of the bill, which also includes a provision for indigenous children. “The bill would additionally require the social worker, if the social worker knows, or there is reason for the social worker to know, that the child is an Indian child, the social worker to notify the child’s tribe as soon as reasonably possible when securing emergency care. By increasing the duties of social workers, this bill would impose a state-mandated local program.”
The issue has been championed by Lackey, who is about to term out after trying to author multiple efforts over the last decade, starting in 2018 with Assembly Bill 1911, whose principal co-author was former state Sen. Scott Wilk, R-Santa Clarita. That bill died in the Public Safety Committee. Lackey authored AB 1450 the following year, which also died in the state’s Health Committee. AB 2654 tried to do the same thing in 2022. He introduced AB 1544 in 2023.
Lackey issued a statement after the bill headed to the governor’s desk Thursday, saying Gabriel Fernandez’s story “cannot simply become another tragedy we remember.”
“For years, I have carried Gabriel’s Law because we have a responsibility to learn from what happened to him and strengthen the protections for children who cannot protect themselves,” he wrote. “We are one step closer to making that promise a reality, and I hope the governor will join us in seeing it through.”
Assistant Head Deputy District Attorney Jon Hatami, a Santa Clarita resident who leads the office’s Complex Child Abuse Section, prosecuted Gabriel’s parents and said he will never forget that case, in a text message Thursday.
“Gabriel will always be a part of my life and my family’s life. He passed away on May 22, 2013, but I think of him every single day. We, as a community, must always do everything we can to protect vulnerable children before innocent lives are lost. Gabriel’s Law is a good step in doing just that. There is always more work to be done, and we will continue our battle to protect vulnerable children.”
Emily Carranza, cousin of Gabriel Fernandez and founder of the Gabriel Fernandez Foundation, said in a news release the law is “a promise that Gabriel’s life, and the lives of every child we have lost to abuse and failures within the system, will not be forgotten.”
She added: “Gabriel was only 8 years old. He depended on adults and the systems created to protect children to recognize the danger he was in and act. We cannot change what happened to Gabriel, Anthony Avalos, Noah Cuatro, or the other children whose lives were taken, but we can fight to make sure their stories lead to meaningful change.”
The Legislature is scheduled to adjourn for recess on Monday. In that scenario, Gov. Gavin Newsom has 30 days to sign the bill into law.
His office has not issued any previous statement on the bill.
