Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. SB 30
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/10/2016           .                                

       The Committee on Judiciary (Bean) recommended the following:
    1         Senate Amendment 
    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