Hotline Alert on Child Abuse
The 18-month-old little girl (H.H.) lived with her biological mother and stepfather, and her 3-year-old brother (C.H.) who had cerebral palsy since his birth. In May 2017, someone contacted the child abuse hotline to express concern for the children’s living environment. The person reported that the family’s home had no furniture and that the parents sold drugs there.
In the lawsuit against DCF, the plaintiff asserted that before the hotline report the agency knew that the stepfather had a hefty criminal history including driving under the influence and burglary charges and a four-year prison sentence for police officer battery and other offenses. The complaint also alleged that the parents harbored a fugitive in the home where the family lived.
Department of Children and Families’ Abuse Investigation
The agency undertook an investigation following the hotline report. On multiple occasions, DCF agents visited the family's home and a motel where they had relocated during the investigation. The plaintiffs alleged that the investigative agents did not require the parents to take drug tests or ask why the family moved to a motel.
In its July 2017 final risk assessment, the DCF determined that the little girl’s risk level was "moderate." The investigative report said she was safe with her mother and stepfather.
However, a surge of reports arrived in September 2017 saying that the girl was being severely abused and neglected. That same month H.H. landed at a hospital for treatment of fractures and bruises. Sadly, according to her guardian’s lawsuit, the toddler suffered a brain bleed after she suffered a horrible beating. The toddler fell into critical condition.
Lawsuit Allegations of Negligent DCF Investigation
In 2021, H.H.’s guardian filed a lawsuit against the state's Department of Children and Families complaining that the agency was negligent in investigating her abuse as a toddler. The complaint alleges that the DCF’s failure to properly investigate the abuse in 2017 led to the girl’s permanent injuries that her parents inflicted upon her.
H.H. continues to suffer from "catastrophic permanent injuries" including quadriplegia ( paralysis from the neck down) from the abuse she endured. For the rest of her life, H.H. will require constant supportive care, supervision, monitoring, and various therapies.
Failure to Coordinate with A Criminal Investigation of Parental Abuse
The complaint states that H.H.’s mother and stepfather were convicted of aggravated child abuse and drug possession. They will be in prison for decades for these offenses.
Yet even when the agency knew of the criminal investigations against the parents and the attendant risk of harm to the toddler, the DCF failed to establish a joint investigation with law enforcement. Further, the lawsuit asserts that the agency failed to speak with any additional contacts who could have provided information about the children, the caregivers, and the drug use and traffic in the home. Tragically, instead, H.H. remained in an unsafe home.
The Verdict
After a week-long trial in Volusia County civil court, the jury took only three hours to issue a verdict in favor of the young girl. The fact-finders found that the Florida DCF’s negligence caused H.H.’s loss and injuries.
The verdict awards the girl $15 million in damages, including $10 million for her future treatment expenses and nursing care.
Stacie Schmerling and Lisa Elliott of the Justice for Kids Division of Kelley Kronenberg commented that they fought “to ensure that she will be able to live at home with her adoptive family and have the care, dignity, and resources that she deserves for the rest of her life," Schmerling hopes that the DCF and Florida's leaders will respect the jury's decision and now fight with us to help H.H.
Jocelyn Dopson-Rodriguez and Jeffrey S. Weiss of Garganese Weiss D'Agresta & Salzman who represented the defendant did not immediately comment on the outcome. However, a representative of the DCF said they are exploring appeal options.
Initially after the complaint, the defendant claimed that it was not responsible for H.H.’s injuries and that it had sovereign immunity.
Attorneys can learn more about this case in H.H. v. Florida Dept. of Children and Families, case number 2021 31168 CICI, in the 7th Judicial Circuit Court of Florida.
