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.