When a child dies while under the supervision of a government agency, the family’s legal path looks different from an ordinary injury case. California treats claims against public entities as their own category, with a required filing step and a far shorter window to act. A recent matter out of Santa Clara County shows why those distinctions carry so much weight.
A Claim Filed Against the County and the State
In July 2026, attorneys for the father and maternal grandmother of a two-year-old boy who died in foster care filed wrongful death claims against the county’s Department of Family and Children’s Services and the California Department of Social Services. The claims allege the agencies placed the child with a relative whose prior felony conviction for child endangerment should have disqualified her.
As KQED reported on the filing, the claims also allege that staff failed to act on repeated warning signs, including a physician’s report to the child abuse hotline days before the boy’s hospitalization.
Why a Claim Comes Before a Lawsuit
You generally cannot sue a California city, county, or state agency the way you would sue a private driver or a property owner. The Government Claims Act requires a written claim first. Only after that claim is denied does the courthouse door open.
The sequence usually looks like this:
- A written claim goes to the correct public entity. Sending it to the wrong agency can cost a family its case.
- The agency has 45 days to review it. It may settle, reject the claim, or let the deadline pass.
- Rejection starts a new clock. The family then has roughly six months to file suit.
The Deadlines Are Short
For a death or personal injury, the claim must be presented within six months of the date the cause of action accrued under California Government Code section 911.2. That is half the time most people assume they have. Six months moves quickly when a family is grieving. That is precisely the problem.
What These Claims Must Show
Public entities hold immunities that private defendants do not. Liability often depends on whether a statute imposed a mandatory duty on the agency and whether its employees failed to carry it out. Background check requirements, placement standards, and mandated response protocols all fall into that category.
Records decide these cases. A San Jose, CA wrongful death lawyer will move early to preserve case files, hotline reports, and internal correspondence before they are lost.
Who May Bring the Claim
California limits standing to a surviving spouse or domestic partner, surviving children, and, when there are none, those who would inherit under intestate succession. Parents may qualify in certain circumstances. Damages can include funeral costs, lost financial support, and the loss of that person’s companionship and guidance.
If a public agency’s failure contributed to your family’s loss, the timeline is already running. A San Jose wrongful death lawyer can identify which entities bear responsibility and present the claim correctly the first time. The attorneys at Mitchell & Danoff Law Firm, Inc. handle claims against counties and state agencies across the South Bay, and you are welcome to reach out.