Bill allocating $15M to child abuse victim advances through first committee

The Civil Justice & Claims Subcommittee unanimously advanced a bill 15-0 that’s seeking a settlement of almost $15 million for the failure of the state to protect a child from severe abuse that left her permanently disabled.

Vero Beach Republican Rep. Robbie Brackett presented the measure (HB 6531) and detailed the tragic events that led to the claims bill being filed, including the Department of Children and Families’ (DCF) failure in 2017 to protect a then 18-month-old child.

“Members, HB 6531 is a claims bill based on a Volusia County trial,” Brackett said. “Subsequent jury verdict rendered December of 2023, found the DCF negligent for conducting a deficient child protective investigation in response to multiple abuse reports called into the state’s child abuse hotline, and failing to protect H.H. from abuse from the tortuous hands of her mother and stepfather.”

DCF had been notified multiple times that H.H. was being abused in her home, including the day she was admitted to hospital. Prior investigations into the claims gained no result or removal, and H.H. remained in the care of her mother and her stepfather, the latter of whom had a violent criminal history and was a convicted felon incarcerated for three and a half years before meeting H.H.’s mother.

Brackett detailed the physical injuries H.H. endured, many of which have left her needing constant care for the rest of her life.

“Some of H.H injuries include traumatic brain damage, cerebral palsy, inability to walk or talk, eat without a feeding tube, seizures,” Brackett said. “She needs physical therapy, speech therapy, constant care and monitoring and supervision, multiple medical specialists, in addition supportive care round the clock, 24/7.”

In closing, Brackett said the bill takes a step towards making right what happened to H.H. and noted that it was a good start.

“Something terribly went wrong with this process, and the state’s got to work to fix it, and we’re working on that I believe, but we let this child down, or a department of this state let this child down,” Brackett said. “We have the opportunity to do the best we can to make it better. This committee right now is the start of that.”

The bill will now move on to the House Budget Committee.