Andrew Powell
Clermont Republican Rep. Taylor Yarkosky has filed a claims bill (HB 6541) that would compensate a child for permanent injuries he sustained due to what his attorney says was a result of negligence by the Department of Children and Families (DCF).
Yarkosky’s bill follows efforts by Doral Republican Sen. Ana Maria Rodriguez last year (SB 2) and in 2023 seeking $20 million for the child, known as “C.C.” Yarkosky’s measure also adopts that $20 million figure.
The now-10-year-old C.C. was left permanently injured, suffering an anoxic brain injury, seizures, strokes and other neurological impairments.
C.C.’s lawyer Stacie Schmerling told Florida Politics at the time SB 2 was filed that DCF had done nothing about the multiple abuse reports they had received, despite knowing that his mother — Fort Myers resident Anna Highland — was addicted to opioids and had been taking methadone while pregnant.
“DCF’s responsibility is to take action to protect the child, to make sure the child does not suffer any further harm at the hands of a drug addict parent, whether it’s abuse or neglect, and certainly there were multiple opportunities for intervention. DCF got a report to protect this child the day he was born, and their obligation was to that. And they didn’t,” Schmerling said.
At the time C.C.’s birth, Highland was licensed as a foster parent by DCF and had a significant amount of involvement with the Department going back to 2012. Highland’s drug abuse during pregnancy caused C.C. to experience severe withdrawal symptoms, necessitating almost a month of hospitalization and morphine treatment.
Despite receiving six separate child abuse allegations related to Highland’s drug use within a seven-month period, DCF allowed C.C. to be released back into Highland’s care and eventually closed the investigation, deeming the substance abuse claims unsubstantiated and her methadone use non-threatening to child safety.
In 2015, DCF received two child abuse reports alleging that Highland was abusing a foster child, but both were closed without investigation. On Sept. 12, 2015, 13-month-old C.C. overdosed on Highland’s methadone, leading to a coma and a one-month hospitalization.
DCF’s investigation revealed that Highland and her mother delayed seeking medical help for approximately five hours. Consequently, C.C. was removed from Highland’s care and placed with his father.
The bill claims DCF failed in its duty to protect C.C. by allowing him to remain in his mother’s care without proper safety measures and seeks a $20 million settlement to be paid into a trust for C.C.’s exclusive use. Attorneys fees and costs, as well as lobbying fees and similar expenses, would be restricted to 25% of the amount awarded.
If passed, the bill would take effect upon becoming law.
