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Duty to Rescue: Ethics vs. Law

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Because, if we as individuals truly want justice for this now 9-year-old child--and not just the minimal protection proffered by current law--we must move up to a higher moral ground.

Malinda Sherwyn can be reached at [email address removed].

Click here to help us rescue Lexi. We need everyone to send a message to the Orange County Board of Supervisors and demand CPS remove Lexi from an abusive situation, take her into protective custody and reunite her with her mother.

More information about Lexi can be found at Bring Lexi Home Now and Save Lexi.

A comprehensive article the Orange County Voice by Nick Gerda: Problems in OC Child Welfare System Get Statewide Scrutiny.

Chronology of the Injustice

  • On February 25, 2011, Dr. Ruby Dillon took her daughter to the emergency room at Hoag Hospital. Despite medical records documenting "non-accidental" trauma consistent with sexual abuse workers at CPS failed to (1) interview the ER physician, (2) conduct a forensic exam, (3) contact law enforcement, (4) conduct a CAST interview of the minor child, and (5) conduct an interview of the suspected abuser: her father.

  • In December 2011, the minor's physical exam report shows evidence of sexual abuse. CPS willfully ignored the abuse.

  • In early March 2011, CPS received a signed affidavit under penalty of perjury from the minor's teacher confirming the minor's accusations of sexual abuse. CPS failed to interview the teacher.

  • In January 2012, the father lost his job and the minor tells law enforcement and CPS that the abuse is occurring almost every time she is at her father's house. CPS did nothing.

  • In August 2012, based on probable cause of suspected sexual abuse the City of Tustin Police Department removed the minor from the home of the father and took her into protective custody out of fear that the minor may be in danger. CPS ordered the child returned to the father, not the mother.

  • On November 7, 2012, the court-appointed therapist (as a mandated reporter) contacted the child abuse registry to report a new allegation of--sexual abuse by the father. The Tustin PD immediately sent an officer to the minor's school to interview her and removed her from her home into protective custody. CPS dismissed the reporting.

  • In December 2012, the father told the court he now wished to give up custody of the minor to a "third party in another country" or have her committed to a mental home. CPS insisted the minor remain with the father.

  • As of July 1, 2013, the Tustin Police Department recommended that the father be prosecuted for numerous felony crimes perpetrated on the minor daughter including sexual abuse. CPS refuses to return the minor to her mother.

  • On August 6, 2013, Dr. Rubin Dillon filed a claim in Superior Court against CPS.

  • As of June 14, 2014, Dr. Rubin Dillon has yet to regain custody of her daughter.


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Court Watcher, Child Advocate

Prior to my advocate for the parents whose children were unjustly removed from their home I was a private art dealer. The story of children being taken away from the caring parent and either returned to the (more...)
 
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