Bill Text: FL S0058 | 2015 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relief of C.M.H. by the Department of Children and Families

Spectrum: Bipartisan Bill

Status: (Failed) 2015-05-01 - Died in Appropriations [S0058 Detail]

Download: Florida-2015-S0058-Introduced.html

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       Florida Senate - 2015                              (NP)    SB 58
       
       
        
       By Senator Simpson
       
       
       
       
       
       18-00053A-15                                            201558__
    1                        A bill to be entitled                      
    2         An act for the relief of C.M.H.; providing an
    3         appropriation to compensate C.M.H. for injuries and
    4         damages sustained as a result of the negligence of the
    5         Department of Children and Families, formerly known as
    6         the Department of Children and Family Services;
    7         providing a limitation on the payment of fees and
    8         costs; providing an effective date.
    9  
   10         WHEREAS, J.W. was victimized from the time he was 18 months
   11  of age by his mother’s boyfriend, which caused him to become
   12  sexually aggressive, and
   13         WHEREAS, on September 5, 2002, J.W., then in the custody of
   14  the Department of Children and Families (“DCF”), formerly known
   15  as the Department of Children and Family Services, was
   16  temporarily placed into the home of C.M.H., whose parents became
   17  nonrelative caregivers and volunteered to have J.W. live in
   18  their home, and
   19         WHEREAS, the DCF caseworker assigned to J.W.’s case failed
   20  to disclose to C.M.H.’s family a recommendation that J.W. be
   21  expeditiously placed in a residential treatment facility; that
   22  he had an extensive history as a victim and perpetrator of
   23  sexual abuse; and that he was an alleged juvenile sexual
   24  offender, and
   25         WHEREAS, prior to the placement of J.W. with the family,
   26  DCF obtained a comprehensive behavioral health assessment that
   27  stated that J.W. was sexually aggressive and recommended
   28  specific precautions and training for potential foster parents,
   29  and
   30         WHEREAS, the testimony of the DCF caseworker confirms that
   31  DCF was aware that 10-year-old J.W. and C.M.H., who was then 8
   32  years old, were sharing the same bedroom, and
   33         WHEREAS, on October 31, 2002, J.W. sexually assaulted a 4
   34  year-old child who was visiting C.M.H.’s home, and
   35         WHEREAS, although DCF knew that J.W. was a sexual offender,
   36  the agency did not remove him from the home, and
   37         WHEREAS, DCF failed to implement a written safety plan as
   38  required by DCF Operating Procedure 175-88, and
   39         WHEREAS, after November 2002, J.W.’s behavioral problems
   40  escalated, and he deliberately squeezed C.M.H.’s pet mouse to
   41  death in front of C.M.H. and made physical threats toward
   42  C.M.H., and
   43         WHEREAS, C.M.H.’s parents decided to begin the process of
   44  adopting J.W., whom they considered a part of their family, and
   45         WHEREAS, the family subsequently became aware that J.W.
   46  needed significant mental health treatment, including placement
   47  in a residential treatment facility, and
   48         WHEREAS, the family was informed by DCF that they would not
   49  be granted visitation privileges if J.W. was removed from their
   50  home and placed in a residential treatment facility, and
   51         WHEREAS, in January 2004, the family began taking classes
   52  to train to be therapeutic foster parents to better meet J.W.’s
   53  needs, and
   54         WHEREAS, in March 2004, after C.M.H.’s mother was diagnosed
   55  with Stage 4, terminal, metastatic colon cancer, which had
   56  spread to her liver, C.M.H.’s father, contacted DCF to postpone
   57  the adoption, and
   58         WHEREAS, in April 2004, DCF closed out J.W.’s dependency
   59  file, leaving J.W. in the custody of the family without any
   60  subsidies or assistance, and
   61         WHEREAS, in April 2005, C.M.H.’s father wrote DCF and the
   62  juvenile judge assigned to the case to request help in placing
   63  J.W. in a residential treatment facility, however, DCF provided
   64  no assistance, and
   65         WHEREAS, on July 28, 2005, after a physical altercation
   66  between J.W. and C.M.H., C.M.H. disclosed to his parents that
   67  J.W. had sexually assaulted him, and J.W. was immediately
   68  removed from the home, and
   69         WHEREAS, C.M.H. sustained severe and permanent psychiatric
   70  injury, including posttraumatic stress disorder, as a result of
   71  the sexual and emotional abuse perpetrated by J.W., and without
   72  immediate interventions will face a lifetime of dysfunction,
   73  trauma, and tragedy, and
   74         WHEREAS, the sexual assault of C.M.H. by J.W. was
   75  predictable and preventable, and
   76         WHEREAS, on April 14, 2006, a lawsuit, Case No. 2006 CA
   77  003727, was filed in the 15th Judicial Circuit in and for Palm
   78  Beach County on behalf of C.M.H., by and through his parents,
   79  alleging negligence on the part of DCF and its providers which
   80  allowed the perpetration of sexual abuse against and the
   81  victimization of C.M.H. by J.W., and
   82         WHEREAS, DCF aggressively defended and denied the
   83  allegations in the claim and a jury trial was set in Palm Beach
   84  County, and
   85         WHEREAS, on January 2, 2014, after a jury trial and verdict
   86  for $5 million, the court entered a judgment against DCF for
   87  $5,176,543.08, including costs, and
   88         WHEREAS, the Division of Risk Management of the Department
   89  of Financial Services has paid $100,000, as allowed under s.
   90  768.28, Florida Statutes, for costs, less than half of the total
   91  amount of litigation costs expended by plaintiff’s counsel to
   92  litigate this case and to complete the trial, and
   93         WHEREAS, C.M.H., now 21 years of age, is at a vulnerable
   94  stage in his life and urgently needs to recover the balance of
   95  the judgment awarded him so that his psychiatric injuries may be
   96  addressed and he may lead a normal life, and
   97         WHEREAS, the balance of the judgment is to be paid through
   98  the passage of this claim bill in the amount of $5,076,543.08,
   99  NOW, THERFORE,
  100  
  101  Be It Enacted by the Legislature of the State of Florida:
  102  
  103         Section 1. The facts stated in the preamble to this act are
  104  found and declared to be true.
  105         Section 2. There is appropriated from the General Revenue
  106  Fund to the Department of Children and Families the sum of
  107  $5,076,543.08 for the relief of C.M.H. for the personal injuries
  108  and damages he sustained. After payment of attorney fees and
  109  costs, lobbying fees, and other similar expenses relating to
  110  this claim, the remaining funds shall be disbursed to C.M.H. for
  111  his exclusive use and benefit.
  112         Section 3. The Chief Financial Officer is directed to draw
  113  a warrant in favor of C.M.H. in the sum of $5,076,543.08 upon
  114  funds of the Department of Children and Families in the State
  115  Treasury, and the Chief Financial Officer is directed to pay the
  116  same out of such funds in the State Treasury not otherwise
  117  appropriated.
  118         Section 4. The amount paid by the Department of Children
  119  and Families pursuant to s. 768.28, Florida Statutes, and the
  120  amount awarded under this act are intended to provide the sole
  121  compensation for all present and future claims arising out of
  122  the factual situation described in the preamble to this act
  123  which resulted in the personal injuries and damages to C.M.H.
  124  The total amount of attorney fees and lobbying fees relating to
  125  this claim may not exceed 25 percent of the amount awarded under
  126  this act.
  127         Section 5. This act shall take effect upon becoming a law.