Kern County sued over death of boy, 3
Margaret Eichhorst, the foster mother, is charged with first-degree murder and assault of a child under 8. She's accused of killing Alejandro Perez Jr. last year.
The wrongful death lawsuit alleges county policies have led to the deaths of at least five children placed in foster care over the past six years, including the high-profile disappearance and presumed deaths of Orrin and Orson West. The West boys' foster parents were convicted of murder.
Filed last month, the suit seeks damages in an amount to be determined at trial.
A competency hearing is scheduled in June to determine if a court-appointed attorney will serve as guardian for Alejandro's mother, Ashley Sinden.
The attorney who filed the suit on Sinden's behalf says she doesn't understand the nature of the proceedings due to 'mental disability and severe and ongoing drug abuse issues.'
Alejandro was removed from Sinden's care after her then-1-year-old daughter suffered burn injuries in March 2023. Sinden was giving her daughter a bath when she noticed steam rising from the water and the girl started screaming.
The girl was taken to a hospital and Sinden explained to deputies that a former roommate was responsible both for the burns and the messy state of her home. She claimed the ex-roommate trespassed on her property after being evicted and tampered with the water heater — resulting in the accidental burns to her daughter — and dumped trash inside the home.
Despite her explanation, the suit says, deputies decided to remove the daughter, Alejandro and a teen boy from the home and placed them in protective custody with the Department of Human Services.
They arrested Sinden, but prosecutors decided not to pursue charges.
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The suit says the home was cleaned up the next day and the teen was returned a few days later.
The family could have been reunited at that point, the suit says, but 'that is not how DHS operates, once they have possession of children, they maintain possession for a period most usually not less than six months.'
In subsequent court hearings, according to the suit, DHS didn't give Sinden's relatives preferential consideration when deciding where to place the children. On Sept. 14, 2023, they ended up in Eichhorst's home.
They were placed there even though Eichhorst, during the application progress, said she had PTSD, depression and anxiety, and acknowledged 'her own trauma may impede her ability to provide safe and suitable care,' according to the suit.
Information on her mental health history was withheld from the court that approved their placement.
'This gross, inexcusable incompetence led to (Alejandro's) tragic death at the tender age of only 3 years old,' the suit says.
Alejandro was pronounced dead on Feb., 9, 2024, at Eichhorst's home in the 500 block of El Tejon Avenue. An autopsy determined he died from blunt force trauma to the head, and suffered internal injuries including bleeding to his chest and bladder.
Eichhorst has a preliminary hearing scheduled in June.
She remains in custody on no bail.
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