Franet

*34 MEMORANDUM **

On August 14, 2001, appellant and crossappellee Karen Castro, a social worker for cross-appellee County of Alameda, removed the son and daughter of appellee and cross-appellant Jennifer Franet. Castro had not obtained a warrant before the removal. Castro believed that the children’s father, who was divorced from Franet but shared custody of the children, was sexually molesting the daughter. Franet had observed that the children’s hygiene suffered during visits to their father. The daughter had returned from visits to her father with diaper rash, and on one occasion complained of pain when urinating or walking. Franet had treated the rashes with bathing and ointments, and she mentioned the problem to the daughter’s pre-school teacher. The teacher, a mandated reporter, alerted Alameda County Child Protective Services, where the case was assigned to Castro. Castro found the mother’s failure to take the daughter to a doctor indicative of Franet’s inability to protect her children from abuse. After removing the children, Castro arranged for a sexual assault examination of the daughter. The exam was inconclusive.

Cross-Appellee Joan Hintzen was assigned to…