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Lawmakers burden Florida Child Protective Services with $70 million in ‘entitlement bills’

Lawmakers burden Florida Child Protective Services with  million in ‘entitlement bills’


The demands submitted for the 2025 legislative period are directed against the Ministry for Children and Families.

Florida state lawmakers have submitted nearly $70 million in so-called “damage bills” for next year’s legislative session to compensate families for alleged negligence by the state’s child welfare agency.

The five bills, all introduced by state senators, target the Florida Department of Children and Families and were filed on behalf of five Florida families.

For example, one bill seeks millions of dollars in compensation for a child the DCF left in the care of her mother, who later stabbed the child 14 times.

“These cases are all unique, but they are very important for the families involved,” said Senator Joe Gruters (R-Sarasota).

Gruters, also a former chairman of the Florida Republican Party, is supporting two of the bills, which together call for nearly $43 million in relief funds.

“I tried to get a bill passed to reform the application process so we wouldn't have to go through this farce in Tallahassee,” he explained, but “the damage is done, the cases are closed (and now) the state has to pay.”

But the sheer magnitude of the damages sought, while not a first, is a rarity in the legislative process, particularly against an executive agency under Gov. Ron DeSantis, whom lawmakers have deferred to in recent years. A request for comment to a department spokesperson is pending.

Draft lawsuits have been annoying lawmakers for years

It's no secret that the claims process has long been a source of concern for victims and lawmakers, who have faced criticism from local governments, where many claims originate, and their insurance companies, which typically have to pay them out.

In general, the legal doctrine of sovereign immunity protects a government from being sued or held liable in court without its consent. In the United States, however, this protection has been undermined by governments themselves, which decades ago began allowing lawsuits, most often based on negligence or other wrongful acts by their employees or officials.

However, Florida law limits the amount state agencies can pay in damages to $200,000. If that amount is higher, lawmakers must file a petition for restitution or a relief bill to get more money for a victim.

But in some years, the parliamentary leadership did not allow any draft compensation legislation to be discussed. And in 2013, a high-level parliamentary committee investigated the process and recommended changes. However, its proposals were never adopted.

In addition, the Ministry for Children and Families has been under criticism almost since its creation in 1996 from the former Ministry of Health and Rehabilitation Services (HRS), particularly following the high-profile death of a child in its care.

That sad notoriety peaked ten years ago when the Miami Herald's investigative series “Innocents Lost” “revealed a system that was clearly broken, leaving children defenseless and in danger.”

The agency has recently come under fire for its call centers, which were found to block 54 percent of calls from people trying to get through to a representative. In April alone, the call centers hung up on more than 700,000 calls, Florida Phoenix reported.

Here's more about the individual lawsuits, all filed this week:

About the invoices

Senate Bill 2: Filed by Sen. Ana Maria Rodriguez, R-Doral, seeks $20 million for a Fort Myers, CC, boy who overdosed on his mother's methadone when he was 13 months old. DCF failed to investigate seven complaints against the mother, the bill says. The child, now 9, suffers from seizures, neurological impairments, visual and hearing impairments and learning disabilities, among other health problems.

Senate Bill 12: The motion filed by Gruters would provide compensation to the grandparents of LP, a minor who was stabbed 14 times by the child's mother after DCF placed the child in her care. After a two-week trial in 2022, a jury found DCF negligent and awarded LP $28 million in damages, according to the bill.

Senate Bill 18: The bill filed by Gruters would provide nearly $15 million to compensate HH, who was reportedly abused by her mother and stepfather when she was 18 months old. After DCF failed to conduct “thorough investigations,” HH was hospitalized with life-threatening injuries and now suffers from permanent brain damage, including the inability to walk or talk, the inability to sit upright on her own, the need for a feeding tube, post-traumatic epilepsy and seizures, according to the bill.

Senate Bill 32: The bill was filed by Sen. Alexis Calatayud, R-Miami, and would provide $3.8 million in compensation for LE, who was returned to her mother's care after the agency determined the child would be in “'imminent danger' if left in the care of her parents,” the bill states. After DCF closed its investigation into LE's parents, the child was hospitalized, allegedly with injuries from child abuse. LE was diagnosed with shaken baby syndrome, which causes seizures and cerebral palsy, as well as malnutrition.

Senate Bill 34: The bill, introduced by Calatayud, would provide nearly $300,000 in assistance to Michael Barnett, whose child, RB, was shot in the neck by her mother's estranged husband. In 2010, Patrick Dell shot RB's mother and four other siblings in their home, the bill says. The department did not see a significant danger to the children in the home, although police had responded to 34 911 calls to the home in four years. Eleven of those calls involved domestic violence, the bill says.

Ana Goñi-Lessanstate watchdog reporter for the USA TODAY Network – Florida, can be reached at [email protected].

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