Andrew Powell
A claims bill has been filed that seeks to rectify the failings of the Department of Children and Families (DCF) that resulted in the severe abuse and neglect of a child.
Vero Beach Republican Rep. Robbie Brackett filed the bill (HB 6531) to provide financial compensation to “H.H” for the injuries and damages that she sustained that were caused by the negligence of DCF.
The bill would appropriate nearly $15 million and would be placed into a trust for H.H.’s exclusive use to support her ongoing medical and care needs resulting from catastrophic injuries she suffered from prolonged abuse that was never properly addressed by the agency.
The bill details the devastating circumstances surrounding H.H., who on May 3, 2017, was a healthy and normally developing 18-month-old child when DCF received its first child abuse hotline report. The tipster alleged that H.H.’s mother and stepfather had been abusing illegal substances and were selling these drugs from their home while also harboring a fugitive.
An investigation by DCF discovered that the stepfather had been released from the Department of Corrections seven months prior after being incarcerated for three and a half years, and was at the time on probation. He had a significant dangerous criminal history and had only been married to H.H.’s mother for one month, after dating for approximately three months prior to the investigation.
Despite DCF discovering risks of harm to H.H., they failed to speak with any persons, such as family members, who may have had knowledge regarding her safety. DCF did not speak to the stepfather’s probation officer and further failed to request any relevant records or refer the family to appropriate services. DCF incorrectly assessed the danger to H.H. as “no present danger” under the care of her mother and stepfather.
In June 2017, a second investigation was launched after another abuse report had been made to DCF alleging neglect of H.H. and substance abuse by her mother and stepfather. DCF failed to conduct a home visit at the family’s residence to observe the child and refer the family to services.
Several weeks later, the family relocated to a motel where DCF made a visit but failed to conduct any additional investigations. On July 2, 2017, DCF closed both investigations with no findings without properly investigating both allegations of abuse and neglect.
On September 4, 2017, DCF received four additional abuse reports through the hotline. Later that same day, H.H. was admitted to the hospital with life-threatening injuries, and was found to be a victim of severe, prolonged abuse.
Upon admission to hospital, it was found that H.H. was unconscious and unresponsive, had severe traumatic head injury, multiple brain bleeds, severe brain swelling caused by repeated abusive head trauma, eye injuries, respiratory failure requiring ventilator support, and was placed in a medically induced coma.
She further went through two cranioplasties to remove parts of her skull to relieve swelling and received various other intensive treatments and interventions. Physicians determined her injuries were caused by prolonged, repeated physical abuse that caused permanent damage. H.H. remained in the care of the hospital for a total of 109 days.
An investigation by law enforcement determined H.H. had been physically abused, neglected, and tortured by her mother and stepfather, and it was only then that DCF removed H.H. from the care of her mother and into the care of DCF.
As a result of the investigation, H.H.’s mother was charged with and convicted of aggravated child abuse and was sentenced to 40 years in prison. Her stepfather was charged with and convicted of possession of a firearm by a convicted felon, aggravated child abuse, and child abuse neglect causing great bodily harm, and was sentenced to 25 years in prison.
As a result of DCF’s failure to protect H.H., she suffered permanent injuries, including traumatic brain damage, cerebral palsy, and various other severe health issues that she will live with for the rest of her life.
If passed, the act would take effect upon becoming a law, and attorneys fees would be restricted to no more than 25% of the awarded amount.
