A number of claims bills which found Florida鈥檚 child welfare agency at fault are now heading to the House floor. Among them is a high profile bill involving twins that further compensates the surviving victim, in an abuse case that took his twin sister鈥檚 life.
For the past few years, Rep. Jose Felix Diaz (R-Miami) has been filing a claims bill in the House for Victor Barahona. He and his twin sister Nubia were abused by their foster parents, who later adopted them. This was all while under the supervision of the Florida Department of Children and Families. Their case later led to a legislative overhaul of Florida鈥檚 child welfare system.
In the past, though, the Barahona claims bill usually went nowhere in the legislature.
But, now, a bill by Sen. Anitere Flores (R-Miami) is already headed to the Senate floor, and Thursday, it passed its final stop in the House Judiciary Committee鈥攕ending it on to the full chamber.
鈥淗opefully, I get this one across the finish line and for the freshmen [lawmakers], just know that just because t doesn鈥檛 pass the first four years, doesn鈥檛 mean it won鈥檛 pass in the year five or six,鈥� said Diaz.
Diaz says he鈥檚 hopeful this goes all the way because it鈥檚 such a tragic case.
鈥淥ver the years, they were tortured. They were subjected to all sorts of abuse: mental, physical, and sexual,鈥� added Diaz. 鈥淎nd, ultimately, DCF dropped the ball quite a few times and the sister ended up dead, and the brother ended up almost dead in the back of a truck doused in chemicals, and he鈥檚 lived to tell the tale.鈥�
DCF was found to be negligent, after ignoring red flags and calls to their abuse hotline about the kids.
And, Diaz adds the agency is not contesting the claim.
鈥淭he Department of Children and Families has agreed to pay $5 million,鈥� he continued. 鈥淭hey already paid $1.25 million. They now owe $3.75 million.鈥�
A change to the bills now states the funds must be paid over a two-year period, instead of a single year.
Another claims bill by Rep. Mike Miller (R-Winter Park) has been filed since 2010. It creates a trust for Leticia Thomas to receive $800,000. DCF already paid her $200,000.
鈥淟eticia Thomas was removed from her home at 14-months-old and placed in a foster home by DCF,鈥� said Miller. 鈥淭wo years later, her foster father pleaded no contest to sex crimes with a 13-year-old and yet, DCF allowed Ms. Thomas to remain in the home for another eight years. He went on to sexual abuse her, until she ran away and sought protection of law enforcement. The good news Mr. Chairman is she is now 21-years-old and is now in college and would like to specialize in treating traumatized children.鈥�
Another uncontested claims bill is sponsored by Rep. James Grant (R-Tampa). In this case, DCF was found to have 50 percent of the blame for knowingly placing an abused child鈥攌nown to be abusive towards other kids鈥攊n the care of foster parents with children of their own.
鈥淭hat foster child had a serially documented sexually violent history,鈥� said Grant. 鈥淭hat foster child then did the worst of the worst to the children of the natural born parents. This is a claims bill in the amount of $5,076,000. There are zero lobbying fees. And, the maximum attorney fees under the existing rules are $1.269 million.鈥�
After passing their last committee Thursday, all three bills will now be taken up by the full House.
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