Lackey’s Gabriel’s Law Passes Legislature, Heads to Governor
by: Izzy Swindler
Published: August 31, 2026
SACRAMENTO...More than a decade after the death of 8-year-old Gabriel Fernandez exposed heartbreaking failures in the child welfare system, Assemblyman Tom Lackey’s (R-Palmdale) years-long effort to strengthen protections for abused children has cleared the California Legislature. Gabriel’s case drew renewed national attention in 2020 with the Netflix documentary series The Trials of Gabriel Fernandez, which examined the failures of the system that was supposed to protect him.
AB 2304, Gabriel’s Law, passed both houses of the Legislature and now heads to Gov. Gavin Newsom to be signed into law.
“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. We are one step closer to making that promise a reality, and I hope the governor will join us in seeing it through.”
Gabriel’s Law addresses two failures exposed by his case. AB 2304 requires a social worker to ensure a child receives appropriate medical care when the child appears to need immediate emergency medical, surgical, or other remedial care. It also clarifies that social workers who knowingly falsify or manipulate official records can be held accountable under existing law.
The legislation marks the culmination of a years-long effort by Lackey to advance these reforms. Previous versions include AB 1911 (2018), AB 1450(2019-20), AB 31 (2021), AB 2654 (2022) and AB 1544 (2023).
For those who worked directly on Gabriel’s case, the legislation represents an important step toward preventing other children from suffering the same fate.
“Gabriel will always be a part of my life and my family’s life. I think of him every single day,” said Assistant District Attorney Jonathan Hatami, who prosecuted Gabriel’s case.
“We, as a society, must always do everything we can to protect vulnerable children before innocent lives are lost,” Hatami continued. “Gabriel’s Law is a good step in doing just that. There is always more work to be done, and we will continue our battle to protect children. Today, I’m blessed that I was a part of this bill and I’m forever thankful for all the hard work from Olivia, Emily and Tom. Our children are our future. Please do your part to protect them and help them grow. Never forget Gabriel. His life mattered. His legacy continues.”
For Gabriel’s family, seeing Gabriel’s Law reach this point carries a significance that extends 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,” said Emily Carranza, cousin of Gabriel Fernandez and founder of the Gabriel Fernandez Foundation. “Gabriel was only eight years old. He depended on adults and the systems created to protect children to recognize the danger he was in and act. We cannot change what happened to Gabriel, Anthony Avalos, Noah Cuatro, or the other children whose lives were taken, but we can fight to make sure their stories lead to meaningful change.”
Carranza continued, “Gabriel’s Law is about accountability, communication, and putting the safety of children first. Children cannot protect themselves. 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.”
Gabriel died in 2013 after enduring months of abuse despite repeated reports and visible warning signs. His death brought national attention to the child welfare system and became the driving force behind Lackey’s continuing effort to strengthen protections for children facing abuse.
AB 2304 now awaits consideration by Gov. Gavin Newsom.