Legislation by Assemblyman Tom Lackey, R-Palmdale, aimed at strengthening protections for abused children cleared the state Legislature and is headed to Gov. Gavin Newsom for consideration, it was announced Thursday.
Assembly Bill 2304, known as Gabriel’s Law, is named for 8-year-old Gabriel Fernandez, whose 2013 death after months of abuse drew widespread attention to failures in the child welfare system.
The measure would require a social worker to ensure a child receives appropriate medical care when the child appears to need immediate emergency medical, surgical or other remedial treatment. It also clarifies that social workers who knowingly falsify or manipulate official records can face accountability under existing law, according to Lackey’s office.
“Gabriel’s story cannot simply become another tragedy we remember,” Lackey said. “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.”
Lackey has pursued versions of the legislation for years. Earlier measures included AB 1911 in 2018, AB 1450 in 2019-20, AB 31 in 2021, AB 2654 in 2022 and AB 1544 in 2023.
Gabriel died in 2013 after enduring repeated abuse despite reports and visible signs of mistreatment. His case later became the subject of the 2020 Netflix documentary series “The Trials of Gabriel Fernandez.”
Assistant District Attorney Jonathan Hatami, who prosecuted Gabriel’s case, said the legislation represents an important step toward preventing similar deaths.
“We, as a society, must always do everything we can to protect vulnerable children before innocent lives are lost,” Hatami said. “Gabriel’s Law is a good step in doing just that.”
Emily Carranza, Gabriel’s cousin and founder of the Gabriel Fernandez Foundation, said the bill carries significance beyond a single piece of legislation.
“Gabriel’s Law is more than legislation to me — it 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,” Carranza said.
Gabriel depended on adults and the systems designed to protect children to recognize the danger he faced and act, she said.
“Children cannot protect themselves,” she said. “It is our responsibility to protect them, to listen when they are crying for help, and to act before another family has to bury a child.”
AB 2304 now awaits action by Newsom.