CS/HB 443

1	A bill to be entitled
2	An act for the relief of Marissa Amora; providing an
3	appropriation to compensate Marissa Amora, a minor, for
4	injuries she sustained as a result of the negligence of
5	employees of the Department of Children and Family
6	Services; requiring a specified legislative budget
7	request; providing for a continuing appropriation;
8	providing a limitation on attorney's fees, lobbying fees,
9	costs, and other similar expenses relating to the claim;
10	providing an effective date.
11
12	WHEREAS, on November 8, 2000, Moesha Sylencieux, now known
13	as Marissa Amora, who was not yet 2 years old, was brought to
14	the emergency room of Bethesda Memorial Hospital in Palm Beach
15	County, Florida, and
16	WHEREAS, Marissa Amora's natural mother told the hospital
17	staff that Marissa Amora fell from a standing position and
18	consequently could not walk, and
19	WHEREAS, while she was at the hospital, Marissa Amora could
20	not bear weight on her legs, and
21	WHEREAS, during a 3-day admission that followed, an MRI
22	showed the presence of an unexplained mass in the area of
23	Marissa Amora's spine, and she was transferred to Miami
24	Children's Hospital for further testing and treatment, and
25	WHEREAS, Marissa Amora was admitted to Miami Children's
26	Hospital on November 11, 2000, arriving with a working diagnosis
27	of "spinal cord tumor," and during the following month she was
28	fully evaluated for the tumor that was presumed to have
29	accounted for her sudden inability to walk, with all test
30	results normal, and
31	WHEREAS, on December 4, 2000, Marissa Amora underwent a
32	biopsy of the mass in the area of her spine, which indicated
33	that the mass was benign, and
34	WHEREAS, during Marissa Amora's approximately 1-month
35	admission to Miami Children's Hospital, several incidents gave
36	rise to suspicions and concerns on the part of the hospital
37	nursing staff and social workers with respect to Marissa Amora's
38	safety, and
39	WHEREAS, the hospital staff and social workers were
40	concerned about the natural mother's lack of involvement with
41	her daughter and about the interactions between Marissa Amora
42	and her natural mother who, over the course of Marissa Amora's
43	hospitalization at Miami Children's Hospital, came to the
44	hospital only four times, and who failed to visit her at other
45	times during her hospitalization even though hospital social
46	workers provided her with directions and money for
47	transportation, and
48	WHEREAS, when Marissa Amora's natural mother did come to
49	the hospital, families of other patients observed her spanking
50	Marissa Amora while Marissa was in her hospital bed, and
51	WHEREAS, Marissa Amora's natural mother failed to come to
52	the hospital on December 9, 2000, the day that her daughter was
53	supposed to be discharged, and
54	WHEREAS, with Marissa Amora waiting to be discharged, the
55	social workers at the hospital appropriately called the
56	Department of Children and Family Services, the call being
57	designated as one for "special needs," given the mother's lack
58	of ability or desire to care for her daughter and the general
59	lack of bonding between mother and child, and
60	WHEREAS, Marissa Amora's case was assigned to a protective
61	investigator for the Department of Children and Family Services
62	in District 11, Miami-Dade County, Shirley Arias, who commenced
63	her investigation by going to Miami Children's Hospital on
64	Monday, December 11, 2000, at which point she began compiling a
65	list of concerns and risk factors that indicated possible
66	physical abuse, and
67	WHEREAS, Investigator Arias reviewed the hospital records
68	and found that there was evidence that Marissa Amora had an
69	unexplained fracture of her clavicle and that, though the mother
70	had been assisted and counseled by the social workers at the
71	hospital, the social workers continued to have serious concerns
72	for the mother's desire and ability to care for her child, and
73	WHEREAS, Investigator Arias observed that Marissa Amora
74	would cry when her mother walked into her hospital room and then
75	would become calm when her mother would leave, and also observed
76	a general lack of bonding between mother and child, and
77	WHEREAS, on Monday, December 11, 2000, a meeting took place
78	in the hospital between Investigator Arias, Marissa Amora's
79	natural mother, and Dr. Jefry Biehler, an in-house director of
80	the Child Advocacy Team who was asked to be involved at the
81	request of the hospital's social workers, and
82	WHEREAS, Dr. Biehler interviewed the natural mother in the
83	presence of Investigator Arias and reported that he "had
84	concerns" and recommended to Investigator Arias that the child
85	should not be given to the mother unless a home study was
86	completed to ensure that the environment in the home was safe
87	for the child, and
88	WHEREAS, the suggested home study was never performed by
89	the department, and
90	WHEREAS, instead of initiating a home study, Investigator
91	Arias contacted the department's Palm Beach County District 9
92	office, whereupon the matter was referred to Protective
93	Investigator Evelyn Diaz Collins, and
94	WHEREAS, Investigator Collins failed to conduct or initiate
95	a home study, and
96	WHEREAS, Investigator Collins instead went to the family
97	home while Marissa Amora was still in the hospital, met with the
98	natural mother, noting that the apartment was devoid of any baby
99	items, and subsequently informed the natural mother that she
100	would need to purchase a crib and that she would return the
101	following week to make sure that this condition had been
102	complied with, and
103	WHEREAS, Investigator Collins never returned to the home
104	and performed no followup whatsoever, and
105	WHEREAS, the requested home study was never completed, yet
106	department supervisors in Miami incorrectly believed that a home
107	study had been completed, and incorrectly assumed that there was
108	no threat to the child, and
109	WHEREAS, Investigator Arias met with her supervisor, who
110	advised that she should refer the case to the Department of
111	Children and Family Services' legal department, whereupon
112	investigator Arias consulted with the legal department on
113	Wednesday, December 13, 2000, and was advised that Marissa Amora
114	should not be allowed to leave Miami Children's Hospital until
115	the department had completed a home study, spoken with Marissa
116	Amora's natural father in New Jersey, assigned staff to the case
117	from the child protection team, and conducted criminal checks of
118	the appropriate parties, and
119	WHEREAS, deposition and trial testimony by Investigator
120	Arias revealed that she understood that the required home study,
121	the contact with Marissa Amora's natural father, the assignment
122	of staff to the case from the child protection team, and the
123	conduct of specified criminal checks were departmental "marching
124	orders" and that Marissa Amora should not have been allowed to
125	leave the hospital until all of these conditions had been
126	complied with, and
127	WHEREAS, on December 14, 2000, Investigator Arias completed
128	a departmental initial child safety assessment form, as required
129	by statute, which showed that Investigator Arias and her
130	supervisor concluded that physical abuse of Marissa Amora was
131	suspected, and
132	WHEREAS, Investigator Arias testified at trial that Marissa
133	Amora should never have been allowed to go home, that sending
134	Marissa Amora home was wrong, and that she should have voiced
135	her objection to her supervisors, and
136	WHEREAS, Investigator Arias' immediate supervisor, Robert
137	Boyak, testified under oath that the case should have been
138	assigned to the child protection team before Marissa Amora was
139	allowed to leave the hospital, but that no such referral to the
140	child protection team was completed, and
141	WHEREAS, on December 14, 2000, Investigator Arias began
142	contacting Marissa Amora's natural mother for the purpose of
143	having Marissa Amora picked up from the hospital, despite the
144	fact that a home study had not been completed, the case had not
145	been assigned to the child protection team, and Marissa Amora's
146	natural father had not been consulted, all of which had been
147	advisements of the Department of Children and Family Services'
148	legal department on December 13, 2000, and
149	WHEREAS, the department's log written by Investigator Arias
150	reflects numerous contacts prior to discharge from the hospital
151	from the social workers at Miami Children's Hospital challenging
152	the department's decision to allow Marissa Amora to go home with
153	her natural mother, and
154	WHEREAS, calls placed by the hospital's social workers to
155	the department's Palm Beach County district office, to the
156	Miami-Dade district office, and to supervisors in the chain of
157	command at the department were either not returned or, when
158	calls were returned to social workers, they were given false
159	assurances that the department's investigation had revealed that
160	there was no danger to Marissa Amora, and
161	WHEREAS, on December 15, 2000, Marissa Amora cried while
162	she was being taken from Miami Children's Hospital by her
163	natural mother, and the department was repeatedly told that
164	hospital social workers were very dissatisfied with the decision
165	to allow the child to go home with her natural mother and that
166	hospital nurses were willing to adopt Marissa Amora, and
167	WHEREAS, on January 11, 2001, Marissa Amora was again
168	admitted to the hospital's pediatric intensive care unit for
169	treatment for massive brain injuries, leg fractures, arm
170	fractures, and multiple other injuries that the chief of
171	pediatric intensive care opined were likely due to being swung
172	by her arms and legs and smashed into a wall or the floor, and
173	WHEREAS, the child protection team in Palm Beach County, as
174	well as hospital physicians in Boca Raton and Delray Beach,
175	determined that Marissa Amora's problems, dating back to the
176	admission to Bethesda Memorial Hospital on November 8, 2000, and
177	the life-threatening trauma with severe brain damage sustained
178	on January 11, 2001, were due to injuries caused by physical
179	abuse, and
180	WHEREAS, Marissa Amora remained in the hospital for several
181	months while undergoing a series of operations, including brain
182	surgery to relieve pressure from massive bleeding in her brain,
183	a tracheotomy to establish and maintain her ability to breathe,
184	and abdominal surgery to allow for nutrition to pass directly
185	into her stomach due to an inability to eat, and
186	WHEREAS, Marissa Amora has since required subsequent
187	additional surgical procedures to address many of the chronic
188	problems caused by her severe brain injury, and continues to
189	require tube feedings because she is unable to eat food by
190	mouth, and
191	WHEREAS, Marissa Amora will require a high level of care
192	throughout the remainder of her life, and
193	WHEREAS, employees of the Miami-Dade County and Palm Beach
194	County offices of the Department of Children and Family Services
195	admitted to making critical errors with regard to this case and
196	admitted that department procedures were not followed, and
197	WHEREAS, as a result of the negligence of the employees of
198	the Department of Children and Family Services, Marissa Amora
199	has suffered permanent and profound brain damage and will
200	require total care for the remainder of her life, and
201	WHEREAS, at trial the jury determined Marissa Amora's total
202	past and future economic losses to be $21,070,000, and her past
203	and future noneconomic damages, which include disability, loss
204	of enjoyment of life, bodily injury, physical and mental pain
205	and suffering, and disfigurement, to be $13,750,000, and
206	WHEREAS, the life care plan for Marissa Amora, as devised
207	by former District 11 Administrator and Certified Life Care
208	Planner for the former Department of Health and Rehabilitative
209	Services of the State of Florida, Lawrence Forman, M.Ed., has a
210	present value cost of $23,116,052.50, and
211	WHEREAS, the department's own experts, Sharon Griffin,
212	M.Ed., Habilitationist, and Bernard F. Pettingill, Jr., Ph.D.,
213	Economist, developed a life care plan for Marissa Amora, at an
214	estimated cost of $19,767,867, some of which the state contended
215	could be borne by Medicaid or Med-waiver, and
216	WHEREAS, Marissa Amora's past medical care and expenses,
217	including liens, amount to $458,719.89, NOW, THEREFORE,
218
219	Be It Enacted by the Legislature of the State of Florida:
220
221	Section 1.  The facts stated in the preamble to this act
222	are found and declared to be true.
223	Section 2.  There is appropriated from the Administrative
224	Trust Fund of the Department of Children and Family Services, or
225	any successor thereto, or, in the event sufficient funds are not
226	available from that fund to make payment for any given year or
227	otherwise, from the General Revenue Fund, the sum of $1,200,000
228	for fiscal year 2008-2009, and $1,700,000 each fiscal year
229	thereafter beginning fiscal year 2009-2010 through fiscal year
230	2018-2019, inclusive, to be paid to an insurance company or
231	other financial institution admitted and authorized to issue
232	annuity contracts in this state, selected by the guardian of
233	Marissa Amora, to finance and purchase a structured settlement
234	for the benefit of Marissa Amora, which shall include an annuity
235	that must be used for the habilitative care of Marissa Amora
236	over the duration of her lifetime and as relief for the
237	violations of her rights and for injuries and damages she
238	sustained as a result of the wrongful conduct of the Department
239	of Children and Family Services.
240	Section 3.  The Chief Financial Officer is directed to
241	execute all necessary agreements to implement the payment of
242	this claim and to draw a warrant in the amount of $1,200,000 for
243	fiscal year 2008-2009, and $1,700,000 each fiscal year
244	thereafter beginning in fiscal year 2009-2010 through fiscal
245	year 2018-2019, inclusive, in favor of the financier of the
246	structured settlement and to be paid from the Administrative
247	Trust Fund of the Department of Children and Family Services, or
248	any successor thereto, or, in the event sufficient funds are not
249	available from that fund to make payment for any given fiscal
250	year or otherwise, from the General Revenue Fund. The financing
251	of this structured settlement shall constitute a state debt or
252	obligation as defined in section 216.0442(1)(j), Florida
253	Statutes, as in effect on the date this act becomes law.
254	Section 4.  The Department of Children and Family Services
255	shall include in its annual legislative budget request a
256	specific appropriation for funds sufficient to make the payment
257	due under this act during each relevant fiscal year, beginning
258	in fiscal year 2008-2009 through fiscal year 2018-2019,
259	inclusive.
260	Section 5.  The appropriation made and authorized by this
261	act shall be deemed a continuing appropriation within the
262	meaning of section 216.011(1)(i), Florida Statutes, as in effect
263	on the date this act becomes a law. The Chief Financial Officer
264	shall not be obligated to make any payment to the insurance
265	company or other financial institution in the event no funds are
266	appropriated.
267	Section 6.  This award is intended to provide the sole
268	compensation for all present and future claims arising out of
269	the factual situation described in the preamble to this act
270	which resulted in the injury to Marissa Amora. The total amount
271	paid for attorney's fees, lobbying fees, costs, and other
272	similar expenses relating to this claim may not exceed 25
273	percent of each annual payment awarded pursuant to this act.
274	Section 7.  This act shall take effect upon becoming a law.

CODING: Words stricken are deletions; words underlined are additions.