Florida Senate - 2015 COMMITTEE AMENDMENT Bill No. SB 58 Ì359438LÎ359438 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/04/2015 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Judiciary (Simpson) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete line 110 4 and insert: 5 this claim, the remaining funds shall be placed into an 6 irrevocable trust created for C.M.H. for 7 8 ================= T I T L E A M E N D M E N T ================ 9 And the title is amended as follows: 10 Delete lines 29 - 99 11 and insert: 12 and which C.M.H.’s parents did not receive, and 13 WHEREAS, the testimony of the DCF caseworker confirms that 14 DCF was aware that 10-year-old J.W. and C.M.H., who was then 8 15 years old, were sharing the same bedroom, and 16 WHEREAS, on October 31, 2002, J.W. sexually assaulted a 4 17 year-old child who was visiting C.M.H.’s home, and 18 WHEREAS, although DCF knew that J.W. was a sexual offender, 19 the agency did not remove him from the home, and 20 WHEREAS, DCF failed to implement a written safety plan as 21 required by DCF Operating Procedure 175-88, and 22 WHEREAS, after November 2002, J.W.’s behavioral problems 23 escalated, and he deliberately squeezed C.M.H.’s pet mouse to 24 death in front of C.M.H. and made physical threats toward 25 C.M.H., and 26 WHEREAS, C.M.H.’s parents decided to begin the process of 27 adopting J.W., whom they considered a part of their family, and 28 WHEREAS, the family subsequently became aware that J.W. 29 needed significant mental health treatment, including placement 30 in a residential treatment facility, and 31 WHEREAS, the family was informed by DCF that they would not 32 be granted visitation privileges if J.W. was removed from their 33 home and placed in a residential treatment facility, and 34 WHEREAS, in January 2004, the family began taking classes 35 to train to be therapeutic foster parents to better meet J.W.’s 36 needs, and 37 WHEREAS, in March 2004, after C.M.H.’s mother was diagnosed 38 with Stage 4, terminal, metastatic colon cancer, which had 39 spread to her liver, C.M.H.’s father, contacted DCF to postpone 40 the adoption, and 41 WHEREAS, in April 2004, DCF closed out J.W.’s dependency 42 file, leaving J.W. in the custody of the family without any 43 subsidies or assistance, and 44 WHEREAS, in April 2005, C.M.H.’s father wrote DCF and the 45 juvenile judge assigned to the case to request help in placing 46 J.W. in a residential treatment facility, however, DCF provided 47 no assistance, and 48 WHEREAS, on July 28, 2005, after a physical altercation 49 between J.W. and C.M.H., C.M.H. disclosed to his parents that 50 J.W. had sexually assaulted him, and J.W. was immediately 51 removed from the home, and 52 WHEREAS, C.M.H. sustained severe and permanent psychiatric 53 injury, including posttraumatic stress disorder, as a result of 54 the sexual and emotional abuse perpetrated by J.W., and without 55 immediate interventions will face a lifetime of dysfunction, 56 trauma, and tragedy, and 57 WHEREAS, the sexual assault of C.M.H. by J.W. was 58 predictable and preventable, and 59 WHEREAS, on April 14, 2006, a lawsuit, Case No. 2006 CA 60 003727, was filed in the 15th Judicial Circuit in and for Palm 61 Beach County on behalf of C.M.H., by and through his parents, 62 alleging negligence on the part of DCF and its providers which 63 allowed the perpetration of sexual abuse against and the 64 victimization of C.M.H. by J.W., and 65 WHEREAS, DCF aggressively defended and denied the 66 allegations in the claim and a jury trial was set in Palm Beach 67 County, and 68 WHEREAS, on January 2, 2014, after a jury trial and verdict 69 for $5 million, the court entered a judgment against DCF for 70 $5,176,543.08, including costs, and 71 WHEREAS, the Division of Risk Management of the Department 72 of Financial Services has paid $100,000, as allowed under s. 73 768.28, Florida Statutes, for costs, less than half of the total 74 amount of litigation costs expended by plaintiff’s counsel to 75 litigate this case and to complete the trial, and 76 WHEREAS, C.M.H., now 21 years of age, is at a vulnerable 77 stage in his life and urgently needs to recover the balance of 78 the judgment awarded him so that his psychiatric injuries may be 79 addressed and he may lead a normal life, and 80 WHEREAS, the balance of the judgment is to be paid into an 81 irrevocable trust through the passage of this claim bill in the 82 amount of $5,076,543.08, NOW, THERFORE,