A NEW LAWSUIT alleges San Joaquin County failed to follow procedures that could have protected a 1-year-old boy from being beaten to the edge of death by his father.

The lawsuit, filed Tuesday in San Joaquin County Superior Court, alleges that San Joaquin County’s Department of Child Support Services and Human Services Agency ignored what lawyers called “repeated warnings and red flags” about the boy’s father, Roberto Hernandez.

Despite allegations that Hernandez was abusing his baby, Sebastian, agency officials did not properly intercede to protect the child until it was too late, the suit states.

Four months after being made aware of the abuse allegations, Sebastian was severely beaten, court records show. He suffered an acute brain injury, along with infection and swelling of the brain, according to a news release from Trial Lawyers for Justice, the national law firm that filed the lawsuit on behalf of the boy.

If the county had followed proper procedures, authorities could have interceded before the beating in April 2024 that nearly took the child’s life, the suit alleges. As a result, Sebastian is virtually blind, cannot walk or talk because of his injuries and will require around-the-clock medical care for the rest of his life, the lawyers say.

“It’s infuriating to see a baby hurt and suffer because of gross neglect by those who had the duty and power to prevent and protect him,” Nick Rowley, the attorney representing baby Sebastian and co-founder of Trial Lawyers for Justice, said in a statement.

County officials said Wednesday they had not yet received a copy of the lawsuit. In a statement, officials said, “The County does not comment on cases involving pending or active litigation or matters involving minor children.”

County agencies allegedly knew dad’s history

The abuse suit alleges that the county’s two social services agencies knew Sebastian’s father had prior criminal offenses connected with the physical abuse and neglect of his two children. Citing court documents, they say he was on probation with a court order to undergo drug rehabilitation treatment at the time of the beating.

The agencies received reports in January 2024 of suspected abuse of Sebastian, which should have triggered in-person safety and risk assessments, the lawsuit states. During an examination following the April beating, Sebastian not only exhibited current injuries, but also showed signs of past abuse — brain injuries as well as rib fractures in the process of healing.

“San Joaquin County had policies, protocols, and mandatory duties in place specifically to prevent tragedies like this. But those mandatory duties and safeguards mean nothing if agencies don’t follow them.” Bobby Thompson, plaintiff’s attorney

In addition to the traumatic brain injury, Sebastian has a crushed trachea requiring a tracheostomy, and blood was found in his spinal canal.

“San Joaquin County had policies, protocols, and mandatory duties in place specifically to prevent tragedies like this. But those mandatory duties and safeguards mean nothing if agencies don’t follow them,” Bobby Thompson, another attorney for the child, said in a statement.

“Sebastian fell through every crack in a system that was supposed to protect him,” Thompson added. “It’s negligence, a betrayal of public trust, and we intend to hold them fully accountable.”

This story originally appeared in Stocktonia.