Abused Teen Files Claim Against CPS

SAN FRANCISCO (AP) -- A teenager who escaped after being held captive and savagely abused inside a California home filed a claim Wednesday against Sacramento County, saying it failed to protect him.

Attorney John Demas filed the precursor to a lawsuit for unspecified damages on behalf of Kyle Ramirez against the county's Child Protective Services. The claim said the agency ignored chronic abuse for seven years while the teen was in the custody of his mother's friend, Caren Ramirez.

"(CPS') prime directive is to protect children, but they brushed aside abuse and neglect and left Kyle with this monster," said Demas during a news conference Wednesday in Sacramento. "They failed Kyle."

Laura McCasland, spokeswoman for Sacramento County's Department of Health and Human Services, declined comment on the pending litigation.

The teen, now 18, made national headlines in December 2008 when he dramatically escaped a Tracy, Calif., home after being abused for more than a year. He said he was burned, beaten, starved, cut and chained to a table. He ran through a backyard, used a trampoline to hop a retaining wall and stumbled into the nearby health club with chain strapped to his ankle.

Caren Ramirez, Michael Schumacher and his wife, Kelly Lau, of Tracy, were each sentenced in San Joaquin County Superior Court in December to more than 30 years in prison for their roles in the abuse.

Sentencing for a fourth defendant who was convicted, Anthony Waiters, is scheduled on Feb. 28.

But Demas said the teen's abuse started way before his infamous escape when the teen's mother gave custody of Kyle and an older brother to Ramirez in 2001.

Demas argues that Ramirez, however, had no real legal rights to the brothers even though CPS allowed them to stay with her based off a handwritten note giving her "guardianship."

The brothers' mother died in 2008.

In that time, Demas said CPS had at least six opportunities to rescue the boys after numerous reports of abuse at Ramirez's Sacramento-area home, including a plea from the teen's older brother to authorities after he was removed from the home where his little brother was being tortured.

"What did CPS do? Nothing," Demas said.

Demas added that shortly after Ramirez was arrested for abusing the teen in 2007, she encouraged him to run away from a group home. Authorities said he reunited with Ramirez months later, this time living in the couple's Tracy home.

Demas said the claim was filed to provide compensatory help as the teen tries to get his life together and to hold the CPS accountable.

The teen has lived with his aunt and uncle in the Sacramento area since shortly after his escape.

Sydney Perry, the teen's aunt, said the teen has a long haul ahead of him, even though he attends school and likes playing football, video games, camping and fishing.

She said he has "mixed emotions" and speaks little about his abuse.

"He struggles," Perry said. "If Kyle were here, he would tell you that he wants it to go away. He would say, 'I want to make it go away."'

(Copyright 2011 by The Associated Press.  All Rights Reserved.)