On July 3, 1993, social workers took 3-year-old David and his little brother Marcos from their mother and put them in a Fresno foster home for safekeeping. The move took a bad turn shortly after Christmas 1993.

          Two calls from the foster parents prompted social workers to rush to the home, where they found David in a near-comatose state. They took him to a hospital, where doctors said he had a severe head injury, which would leave him with permanent brain damage and partial paralysis. 

          David's injury resulted in the immediate removal of seven other foster children - some dirty, some with bruises, some with scrapes - from the West Princeton Avenue foster home. Now, 2-1/2 years later, the foster mother, Mary Salazar, and the Fresno County Department of Social Services are on trial, accused of neglecting and abusing David. His lawyer is asking for more than $5 million - the amount needed to take care of David for the rest of his life.

          The civil trial, which began May 13 in Judge Stephen Henry's courtroom, is unusual because the confidential matters of the county's Child Protective Service are being made public. 

          The civil complaint, filed on David's behalf by Fresno lawyer Roger K. Vehrs, said CPS workers failed to supervise the treatment of David while he was in the foster care of Mary and Rudy Salazar.

          The trial, which is scheduled to resume this week, has resulted in about 20 social workers testifying and defending their actions. Mary Salazar also has testified that she would never harm her foster children. She said David's injury was self-inflicted and that he had a habit of falling.

          Testimony has shown that Rudy Salazar did most of the spanking. Fresno police also investigated the Salazars but neither was charged, lawyers said; Rudy Salazar has since died.

          David is now 6 years old and living with his mother in Fresno. He functions at the level of a 1-1/2-year-old child, Vehrs said.

          The core of the case is against CPS and its workers, who Vehrs contends broke the law by not following up on reports that David was being abused. He said David was being excessively punished because he was not toilet-trained and had behavior problems.

          Vehrs also contends that CPS workers failed to supervise the Salazars because they had eight foster children - five more than they should have been allowed. Workers also failed to do monthly and annual visits to the foster home, Vehrs said.

          The county is being defended by Fresno lawyers James D. Weakley and Rosemary McGuire, who have told jurors that being a foster parent is a tough - and sometimes unwanted - job.

          The number of children needing foster homes has increased over the years, while staffing to protect their needs has remained nearly the same, said Ernest Velasquez, county social services director.  For example, in March 1991 there were 1,276 children needing foster homes but only 290 homes willing to provide the service, Velasquez said. In March 1996 there were 2,739 foster children and 376 homes, he said. During that five-year span, county staff for child welfare services rose from 168 employees to 174 employees, Velasquez said.

          The Salazars had been foster parents for about two years, said Mary Salazar's lawyer, Paul Auchard. During that time they had received no complaints from their foster children, neighbors or social workers, he said. 

          Fresno police contacted CPS after David's mother was alleged to be abusing her children. David and Marcos, who was then 8 months old, were first placed in a temporary foster home. On Aug. 23, 1993, they were placed in the Salazar home. The Salazars had six other foster children, ranging from 13 years to five months, plus their own 4-year-old daughter.

          The county paid the Salazars $345 to $440 a month for each foster child, court records said. Mary Salazar said she had a full-time job, so Rudy Salazar took care of the children during the day. She said she would never do anything to harm the foster children, but a former foster child of hers said she once spanked the children.

          The former foster child also said Rudy Salazar did most of the spanking and once hit a child in the head when Mary Salazar was not at home. He also put the children in the closet and under the bed, the child testified. Before David was seriously injured, his mother saw markings on him and told CPS workers. But they did not follow up on the report, Vehrs said.

          The central issue in the trial is exactly when David suffered his brain injury: Was it shortly before he was hospitalized or months earlier?

          Vehrs said the Salazars inflicted the injury. But the other lawyers say David may suffer from Fetal Alcohol Syndrome - the name given a group of birth defects doctors believe is linked to alcohol use by the mother.

          Lawyers defending CPS and the Salazars said shortly after David was taken from his mother in July 1993, he complained that his head hurt and he could not keep his balance. A social worker took him to a health center, where staff performed neurological, blood and eye tests and watched the child walk. A doctor wanted to do follow-up work and talk with David's mother or foster parent, but the social worker did not follow up on this request, Vehrs said. 

          A month later, he and his brother were placed in the Salazar home, where they and the other six foster children slept in two bedrooms, which had bunk beds. David slept on the top bunk, even though he was perceived as developmentally delayed, Vehrs said.

          Vehrs said a month before he was injured, CPS workers again failed to have David properly assessed by a psychologist, even though David's mother signed papers for the tests.

          On Christmas Day, David spent time with his mother and relatives. He was then returned to the Salazar home.

          On Dec. 28, 1993, Mary Salazar called CPS two times and asked that David be removed from her home, saying he had been having tantrums and had gone limp. 

          CPS workers arrived after the second call, and soon after David was rushed to the hospital. 


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