Florida Senate - 2012 (NP) SB 18 By Senator Ring 32-00155-12 201218__ 1 A bill to be entitled 2 An act for the relief of L.T., a minor; providing an 3 appropriation to compensate L.T., a minor, by and 4 through Vicki McSwain, the Permanent Custodian for 5 L.T., for injuries and damages sustained as a result 6 of the negligence of employees of the Department of 7 Children and Family Services; providing a limitation 8 of the payment of fees and costs; providing an 9 effective date. 10 11 WHEREAS, on August 15, 1995, the Department of Children and 12 Family Services (DCF) removed 14-month-old L.T. and her infant 13 brother from their mother’s custody because they were not 14 receiving adequate care, and 15 WHEREAS, Judy Mandrell, a protective supervision counselor 16 for DCF, was assigned to find a foster home for the children. 17 Ms. Mandrell conducted a home study of the children’s great aunt 18 and uncle, Vicki and Eddie Thomas. Ms. Mandrell recommended 19 temporarily placing the children in the Thomases’ custody. Ms. 20 Mandrell’s immediate supervisor, Lillie S. Pease, approved the 21 recommendation, and 22 WHEREAS, a background check was conducted shortly after the 23 children were placed in the Thomases’ home. It indicated that 24 many years earlier Mr. Thomas had been convicted of a 25 misdemeanor and possession of narcotics equipment and that Ms. 26 Thomas had been charged with, but apparently not convicted of, 27 larceny. The background check did not reveal any prior history 28 of violence, sex offenses, or child abuse, and 29 WHEREAS, Ms. Mandrell and Ms. Pease ultimately concluded 30 that the Thomases were capable of providing the children a safe 31 and loving home and approved the placement. Ms. Mandrell 32 continued to make monthly home visits to assess the living 33 arrangements and the children’s welfare, and 34 WHEREAS, on August 21, 1996, Mr. Thomas was charged with a 35 lewd and lascivious act on a child under the age of 16. The 36 alleged victim was the 13-year-old daughter of a woman Mr. 37 Thomas was seeing despite being married to Ms. Thomas. The state 38 later amended the charge to add a count for sexual battery on a 39 child by a familial or custodial authority, and 40 WHEREAS, while the charges were pending, the Florida trial 41 court ordered Mr. Thomas to not have any contact with the victim 42 or her family, to vacate the home where Mr. Thomas had lived 43 with Ms. Thomas, L.T., and her brother, and to not have any 44 contact with any children. Mr. Thomas moved into his mother’s 45 garage just down the street from the home where Ms. Thomas lived 46 with L.T. and her brother, and 47 WHEREAS, DCF became aware of the charges against Mr. Thomas 48 and of the court’s no-contact order when L.T.’s biological 49 mother advised Ms. Mandrell of the charges and asked that L.T. 50 be removed from the home of Ms. Thomas. Ms. Mandrell spoke with 51 Ms. Thomas about the allegations and visited Mr. Thomas’s 52 mother’s home to confirm that Mr. Thomas was living there. Ms. 53 Mandrell continued to report that L.T. and her brother were 54 thriving and that Ms. Thomas was providing good care. On several 55 occasions, Ms. Mandrell reminded Mr. Thomas that he must not 56 have contact with the children, and 57 WHEREAS, on January 31, 1997, Mr. Thomas went to trial for 58 the charges against him, and the jury acquitted him of sexual 59 battery but was unable to reach a verdict on the charge of 60 committing a lewd and lascivious act. On March 25, 1997, a 61 retrial of the charge of committing a lewd and lascivious act 62 again produced a hung jury. On April 9, 1997, Mr. Thomas pled no 63 contest to that charge and was sentenced to 5 years’ probation. 64 As part of the sentence, Mr. Thomas was ordered to not have any 65 contact with the victim and her family and was required to 66 attend sex offender classes, and 67 WHEREAS, the same judge who presided over both trials of 68 Mr. Thomas also presided over the dependency case involving L.T. 69 and her brother. On May 9, 1997, 1 month after Mr. Thomas 70 entered his plea and was sentenced to probation, the judge 71 entered an order allowing Mr. Thomas to return to the home of 72 Ms. Thomas and the children. The judge authorized Mr. Thomas to 73 have unsupervised contact with the children, and 74 WHEREAS, Ms. Mandrell continued to make monthly home 75 visits. She noted that the case against Mr. Thomas involving 76 commission of a lewd and lascivious act barred the Thomases from 77 adopting, but she recommended the continuation of the foster 78 care arrangement. Each month, Ms. Mandrell’s report indicated 79 that there was little or no risk of abuse to the children, and 80 WHEREAS, on March 3, 2000, the same judge, acting in the 81 dependency case, approved the children’s long-term placement 82 with the Thomases, removing them from protective services, and 83 WHEREAS, 3 years later, on March 24, 2003, an anonymous 84 caller to DCF alleged that L.T. was being abused by Mr. Thomas 85 and that both Mr. and Ms. Thomas were using drugs in the 86 children’s presence. The anonymous caller incorrectly asserted 87 that Mr. Thomas was “a proven sex offender and is not supposed 88 to be around children.” Jennifer Johnson, a child protective 89 investigator for DCF, was assigned to investigate the 90 allegations. Gayla Spivey, Ms. Johnson’s supervisor, oversaw the 91 investigation, and 92 WHEREAS, on March 25, 2003, the day after the anonymous 93 report was received, Ms. Johnson interviewed L.T., her brother, 94 and Ms. Thomas. Both children denied the abuse allegations and 95 said that they were happy in the Thomases’ home. The children 96 said they understood the difference between good and bad touches 97 and had never been touched in a manner that made them 98 uncomfortable, and 99 WHEREAS, Ms. Johnson ran additional background checks on 100 the Thomases and required that they submit to drug tests. The 101 background checks revealed nothing new, and the drug tests came 102 back negative. Ms. Johnson prepared a report concluding that 103 L.T. and her brother were not being abused and were not at risk 104 of abuse. Ms. Johnson concluded that the case should be closed, 105 and her supervisor, Ms. Spivey, approved the report and the 106 closing of the case, and 107 WHEREAS, on February 24, 2005, L.T. ran away from the 108 Thomases’ home and was found by law enforcement officers. She 109 said she ran away because she had been sexually abused by Mr. 110 Thomas and physically abused by Ms. Thomas. L.T. told the 111 officers that Mr. Thomas sexually abused her from October 2004 112 to late December 2004. DCF immediately removed L.T. and her 113 brother from the Thomases’ home, and 114 WHEREAS, L.T. brought a lawsuit in the United States 115 District Court for the Northern District of Florida alleging 116 that Ms. Mandrell, Ms. Pease, Ms. Johnson, and Ms. Spivey were 117 deliberately indifferent to the risk that Mr. Thomas would 118 sexually abuse her, thus violating her right to substantive due 119 process under the Fourteenth Amendment, and 120 WHEREAS, Ms. Mandrell, Ms. Pease, Ms. Johnson, and Ms. 121 Spivey filed a motion for summary judgment, and the trial court 122 granted it. All federal law claims against Judy Mandrell, Lillie 123 S. Pease, Jennifer Johnson, and Gayla Spivey were dismissed with 124 prejudice, and all state law claims were dismissed without 125 prejudice, and 126 WHEREAS, on June 21, 2010, the parties agreed to a mediated 127 settlement under which L.T. shall receive $1 million, of which 128 $200,000 shall be submitted by check to the trust account of 129 Haas, Lewis, Difiore, & Amos, P.A., and the balance of $800,000 130 shall be submitted through a claim bill that DCF agrees to 131 support, NOW, THEREFORE, 132 133 Be It Enacted by the Legislature of the State of Florida: 134 135 Section 1. The facts stated in the preamble to this act are 136 found and declared to be true. 137 Section 2. There is appropriated from the General Revenue 138 Fund to the Department of Children and Family Services the sum 139 of $1 million for the relief of L.T., by and through Vicki 140 McSwain, Permanent Custodian for L.T., for injuries and damages 141 sustained. After payment of attorney’s fees and costs, lobbying 142 fees, other similar expenses relating to this claim, outstanding 143 medical liens, and other immediate needs, the remaining funds 144 shall be placed into a special needs trust created for the 145 exclusive use and benefit of L.T. 146 Section 3. The Chief Financial Officer is directed to draw 147 a warrant in the sum of $1 million, payable to L.T., by and 148 through Vicki McSwain, Permanent Custodian for L.T., upon funds 149 in the State Treasury to the credit of the Department of 150 Children and Family Services, and the Chief Financial Officer is 151 directed to pay the same out of such funds in the State Treasury 152 not otherwise appropriated. 153 Section 4. Any amount awarded pursuant to the waiver of 154 sovereign immunity under s. 768.28, Florida Statutes, and the 155 amount awarded under this act are intended to provide the sole 156 compensation for all present and future claims arising out of 157 the factual situation described in the preamble to this act 158 which resulted in the injury to L.T. The total amount paid for 159 attorney’s fees, lobbying fees, costs, and other similar 160 expenses relating to this claim may not exceed 25 percent of the 161 total amount awarded under this act. 162 Section 5. This act shall take effect upon becoming a law.