Florida Senate - 2016 COMMITTEE AMENDMENT Bill No. SB 30 Ì391648IÎ391648 LEGISLATIVE ACTION Senate . House Comm: RCS . 02/10/2016 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Judiciary (Bean) recommended the following: 1 Senate Amendment 2 3 Delete lines 10 - 92 4 and insert: 5 WHEREAS, beginning at a very young age, J.W. was subjected 6 to incidents of physical and sexual abuse, which caused him to 7 become sexually aggressive, and 8 WHEREAS, on September 5, 2002, J.W., then in the custody of 9 the Department of Children and Families (DCF), formerly known as 10 the Department of Children and Family Services, was placed into 11 the home of C.M.H., whose parents volunteered to have J.W. live 12 in their home, and 13 WHEREAS, prior to the placement of J.W. with the family, 14 DCF obtained a comprehensive behavioral health assessment that 15 stated that J.W. was sexually aggressive and recommended 16 specific precautions and training for potential foster parents, 17 which C.M.H.’s parents did not receive, and 18 WHEREAS, the testimony of the DCF caseworker confirms that 19 DCF was aware that then-10-year-old J.W. and then-8-year-old 20 C.M.H. were sharing a bedroom, and 21 WHEREAS, on October 31, 2002, J.W. sexually assaulted a 4 22 year-old child who was visiting C.M.H.’s home, and 23 WHEREAS, although DCF knew that J.W. was sexually 24 aggressive, the agency did not remove him from the home, and 25 WHEREAS, after November 2002, J.W.’s behavioral problems 26 escalated, and he deliberately squeezed C.M.H.’s pet mouse to 27 death in front of C.M.H. and made physical threats toward 28 C.M.H., and 29 WHEREAS, C.M.H.’s parents began to discuss adopting J.W., 30 whom they considered a part of their family, and 31 WHEREAS, in January 2004, the family began taking 32 therapeutic parenting classes to better meet J.W.’s needs, and 33 WHEREAS, in March 2004, after C.M.H.’s mother was diagnosed 34 with Stage 4, terminal, metastatic colon cancer, which had 35 spread to her liver, C.M.H.’s father, requested that DCF stop 36 the process of having the family designated as “long-term 37 nonrelative caregivers,” and 38 WHEREAS, in April 2004, DCF closed out J.W.’s dependency 39 file, leaving J.W. in the custody of the family, and 40 WHEREAS, in April 2005, C.M.H.’s father wrote DCF and the 41 juvenile judge assigned to the case to request help in placing 42 J.W. in a residential treatment facility, and 43 WHEREAS, on July 28, 2005, after a physical altercation 44 between J.W. and C.M.H., C.M.H. disclosed to his parents that 45 J.W. had sexually assaulted him, and J.W. was immediately 46 removed from the home, and 47 WHEREAS, C.M.H. sustained severe and permanent psychiatric 48 injury, including posttraumatic stress disorder, as a result of 49 the sexual and emotional abuse perpetrated by J.W., and 50 WHEREAS, the sexual assault of C.M.H. by J.W. was 51 predictable and preventable, and 52 WHEREAS, on April 14, 2006, a lawsuit, Case No. 2006 CA 53 003727, was filed in the 15th Judicial Circuit in and for Palm 54 Beach County on behalf of C.M.H., by and through his parents, 55 alleging negligence on the part of DCF and its providers, which 56 allowed the perpetration of sexual abuse against and the 57 victimization of C.M.H. by J.W., and 58 WHEREAS, a mutually agreeable settlement could not be 59 reached between all parties, and a jury trial was set in Palm 60 Beach County, and 61 WHEREAS, on January 2, 2014, after a jury trial and 62 verdict, the court entered a judgment against DCF for 63 $5,176,543.08, including costs, and 64 WHEREAS, the Division of Risk Management of the Department 65 of Financial Services has paid the family of C.M.H. $100,000, as 66 allowed under s. 768.28, Florida Statutes, and