CS/CS/HB 443

1	A bill to be entitled
2	An act for the relief of Marissa Amora; providing an
3	appropriation to compensate Marissa Amora, a minor, for
4	injuries she sustained as a result of the negligence of
5	employees of the Department of Children and Family
6	Services; requiring a specified legislative budget
7	request; providing a limitation on attorney's fees,
8	lobbying fees, costs, and other similar expenses relating
9	to the claim; providing an effective date.
10
11	WHEREAS, on November 8, 2000, Moesha Sylencieux, now known
12	as Marissa Amora, who was not yet 2 years old, was brought to
13	the emergency room of Bethesda Memorial Hospital in Palm Beach
14	County, Florida, and
15	WHEREAS, Marissa Amora's natural mother told the hospital
16	staff that Marissa Amora fell from a standing position and
17	consequently could not walk, and
18	WHEREAS, while she was at the hospital, Marissa Amora could
19	not bear weight on her legs, and
20	WHEREAS, during a 3-day admission that followed, an MRI
21	showed the presence of an unexplained mass in the area of
22	Marissa Amora's spine, and she was transferred to Miami
23	Children's Hospital for further testing and treatment, and
24	WHEREAS, Marissa Amora was admitted to Miami Children's
25	Hospital on November 11, 2000, arriving with a working diagnosis
26	of "spinal cord tumor," and during the following month she was
27	fully evaluated for the tumor that was presumed to have
28	accounted for her sudden inability to walk, with all test
29	results normal, and
30	WHEREAS, on December 4, 2000, Marissa Amora underwent a
31	biopsy of the mass in the area of her spine, which indicated
32	that the mass was benign, and
33	WHEREAS, during Marissa Amora's approximately 1-month
34	admission to Miami Children's Hospital, several incidents gave
35	rise to suspicions and concerns on the part of the hospital
36	nursing staff and social workers with respect to Marissa Amora's
37	safety, and
38	WHEREAS, the hospital staff and social workers were
39	concerned about the natural mother's lack of involvement with
40	her daughter and about the interactions between Marissa Amora
41	and her natural mother who, over the course of Marissa Amora's
42	hospitalization at Miami Children's Hospital, came to the
43	hospital only four times, and who failed to visit her at other
44	times during her hospitalization even though hospital social
45	workers provided her with directions and money for
46	transportation, and
47	WHEREAS, when Marissa Amora's natural mother did come to
48	the hospital, families of other patients observed her spanking
49	Marissa Amora while Marissa was in her hospital bed, and
50	WHEREAS, Marissa Amora's natural mother failed to come to
51	the hospital on December 9, 2000, the day that her daughter was
52	supposed to be discharged, and
53	WHEREAS, with Marissa Amora waiting to be discharged, the
54	social workers at the hospital appropriately called the
55	Department of Children and Family Services, the call being
56	designated as one for "special needs," given the mother's lack
57	of ability or desire to care for her daughter and the general
58	lack of bonding between mother and child, and
59	WHEREAS, Marissa Amora's case was assigned to a protective
60	investigator for the Department of Children and Family Services
61	in District 11, Miami-Dade County, Shirley Arias, who commenced
62	her investigation by going to Miami Children's Hospital on
63	Monday, December 11, 2000, at which point she began compiling a
64	list of concerns and risk factors that indicated possible
65	physical abuse, and
66	WHEREAS, Investigator Arias reviewed the hospital records
67	and found that there was evidence that Marissa Amora had an
68	unexplained fracture of her clavicle and that, though the mother
69	had been assisted and counseled by the social workers at the
70	hospital, the social workers continued to have serious concerns
71	for the mother's desire and ability to care for her child, and
72	WHEREAS, Investigator Arias observed that Marissa Amora
73	would cry when her mother walked into her hospital room and then
74	would become calm when her mother would leave, and also observed
75	a general lack of bonding between mother and child, and
76	WHEREAS, on Monday, December 11, 2000, a meeting took place
77	in the hospital between Investigator Arias, Marissa Amora's
78	natural mother, and Dr. Jefry Biehler, an in-house director of
79	the Child Advocacy Team who was asked to be involved at the
80	request of the hospital's social workers, and
81	WHEREAS, Dr. Biehler interviewed the natural mother in the
82	presence of Investigator Arias and reported that he "had
83	concerns" and recommended to Investigator Arias that the child
84	should not be given to the mother unless a home study was
85	completed to ensure that the environment in the home was safe
86	for the child, and
87	WHEREAS, the suggested home study was never performed by
88	the department, and
89	WHEREAS, instead of initiating a home study, Investigator
90	Arias contacted the department's Palm Beach County District 9
91	office, whereupon the matter was referred to Protective
92	Investigator Evelyn Diaz Collins, and
93	WHEREAS, Investigator Collins failed to conduct or initiate
94	a home study, and
95	WHEREAS, Investigator Collins instead went to the family
96	home while Marissa Amora was still in the hospital, met with the
97	natural mother, noting that the apartment was devoid of any baby
98	items, and subsequently informed the natural mother that she
99	would need to purchase a crib and that she would return the
100	following week to make sure that this condition had been
101	complied with, and
102	WHEREAS, Investigator Collins never returned to the home
103	and performed no followup whatsoever, and
104	WHEREAS, the requested home study was never completed, yet
105	department supervisors in Miami incorrectly believed that a home
106	study had been completed, and incorrectly assumed that there was
107	no threat to the child, and
108	WHEREAS, Investigator Arias met with her supervisor, who
109	advised that she should refer the case to the Department of
110	Children and Family Services' legal department, whereupon
111	investigator Arias consulted with the legal department on
112	Wednesday, December 13, 2000, and was advised that Marissa Amora
113	should not be allowed to leave Miami Children's Hospital until
114	the department had completed a home study, spoken with Marissa
115	Amora's natural father in New Jersey, assigned staff to the case
116	from the child protection team, and conducted criminal checks of
117	the appropriate parties, and
118	WHEREAS, deposition and trial testimony by Investigator
119	Arias revealed that she understood that the required home study,
120	the contact with Marissa Amora's natural father, the assignment
121	of staff to the case from the child protection team, and the
122	conduct of specified criminal checks were departmental "marching
123	orders" and that Marissa Amora should not have been allowed to
124	leave the hospital until all of these conditions had been
125	complied with, and
126	WHEREAS, on December 14, 2000, Investigator Arias completed
127	a departmental initial child safety assessment form, as required
128	by statute, which showed that Investigator Arias and her
129	supervisor concluded that physical abuse of Marissa Amora was
130	suspected, and
131	WHEREAS, Investigator Arias testified at trial that Marissa
132	Amora should never have been allowed to go home, that sending
133	Marissa Amora home was wrong, and that she should have voiced
134	her objection to her supervisors, and
135	WHEREAS, Investigator Arias' immediate supervisor, Robert
136	Boyak, testified under oath that the case should have been
137	assigned to the child protection team before Marissa Amora was
138	allowed to leave the hospital, but that no such referral to the
139	child protection team was completed, and
140	WHEREAS, on December 14, 2000, Investigator Arias began
141	contacting Marissa Amora's natural mother for the purpose of
142	having Marissa Amora picked up from the hospital, despite the
143	fact that a home study had not been completed, the case had not
144	been assigned to the child protection team, and Marissa Amora's
145	natural father had not been consulted, all of which had been
146	advisements of the Department of Children and Family Services'
147	legal department on December 13, 2000, and
148	WHEREAS, the department's log written by Investigator Arias
149	reflects numerous contacts prior to discharge from the hospital
150	from the social workers at Miami Children's Hospital challenging
151	the department's decision to allow Marissa Amora to go home with
152	her natural mother, and
153	WHEREAS, calls placed by the hospital's social workers to
154	the department's Palm Beach County district office, to the
155	Miami-Dade district office, and to supervisors in the chain of
156	command at the department were either not returned or, when
157	calls were returned to social workers, they were given false
158	assurances that the department's investigation had revealed that
159	there was no danger to Marissa Amora, and
160	WHEREAS, on December 15, 2000, Marissa Amora cried while
161	she was being taken from Miami Children's Hospital by her
162	natural mother, and the department was repeatedly told that
163	hospital social workers were very dissatisfied with the decision
164	to allow the child to go home with her natural mother and that
165	hospital nurses were willing to adopt Marissa Amora, and
166	WHEREAS, on January 11, 2001, Marissa Amora was again
167	admitted to the hospital's pediatric intensive care unit for
168	treatment for massive brain injuries, leg fractures, arm
169	fractures, and multiple other injuries that the chief of
170	pediatric intensive care opined were likely due to being swung
171	by her arms and legs and smashed into a wall or the floor, and
172	WHEREAS, the child protection team in Palm Beach County, as
173	well as hospital physicians in Boca Raton and Delray Beach,
174	determined that Marissa Amora's problems, dating back to the
175	admission to Bethesda Memorial Hospital on November 8, 2000, and
176	the life-threatening trauma with severe brain damage sustained
177	on January 11, 2001, were due to injuries caused by physical
178	abuse, and
179	WHEREAS, Marissa Amora remained in the hospital for several
180	months while undergoing a series of operations, including brain
181	surgery to relieve pressure from massive bleeding in her brain,
182	a tracheotomy to establish and maintain her ability to breathe,
183	and abdominal surgery to allow for nutrition to pass directly
184	into her stomach due to an inability to eat, and
185	WHEREAS, Marissa Amora has since required subsequent
186	additional surgical procedures to address many of the chronic
187	problems caused by her severe brain injury, and continues to
188	require tube feedings because she is unable to eat food by
189	mouth, and
190	WHEREAS, Marissa Amora will require a high level of care
191	throughout the remainder of her life, and
192	WHEREAS, employees of the Miami-Dade County and Palm Beach
193	County offices of the Department of Children and Family Services
194	admitted to making critical errors with regard to this case and
195	admitted that department procedures were not followed, and
196	WHEREAS, as a result of the negligence of the employees of
197	the Department of Children and Family Services, Marissa Amora
198	has suffered permanent and profound brain damage and will
199	require total care for the remainder of her life, and
200	WHEREAS, at trial the jury determined Marissa Amora's total
201	past and future economic losses to be $21,070,000, and her past
202	and future noneconomic damages, which include disability, loss
203	of enjoyment of life, bodily injury, physical and mental pain
204	and suffering, and disfigurement, to be $13,750,000, and
205	WHEREAS, the life care plan for Marissa Amora, as devised
206	by former District 11 Administrator and Certified Life Care
207	Planner for the former Department of Health and Rehabilitative
208	Services of the State of Florida, Lawrence Forman, M.Ed., has a
209	present value cost of $23,116,052.50, and
210	WHEREAS, the department's own experts, Sharon Griffin,
211	M.Ed., Habilitationist, and Bernard F. Pettingill, Jr., Ph.D.,
212	Economist, developed a life care plan for Marissa Amora, at an
213	estimated cost of $19,767,867, some of which the state contended
214	could be borne by Medicaid or Med-waiver, and
215	WHEREAS, Marissa Amora's past medical care and expenses,
216	including liens, amount to $458,719.89, NOW, THEREFORE,
217
218	Be It Enacted by the Legislature of the State of Florida:
219
220	Section 1.  The facts stated in the preamble to this act
221	are found and declared to be true.
222	Section 2.  For fiscal year 2008-2009, the sum of
223	$1,200,000 of nonrecurring General Revenue is appropriated to be
224	paid to an insurance company or other financial institution
225	admitted and authorized to issue annuity contracts in this
226	state, selected by the guardian of Marissa Amora, to finance and
227	purchase a structured settlement for the benefit of Marissa
228	Amora, which shall include an annuity that must be used for the
229	habilitative care of Marissa Amora over the duration of her
230	lifetime and as relief for the violations of her rights and for
231	injuries and damages she sustained as a result of the wrongful
232	conduct of the Department of Children and Family Services.
233	Section 3.  The Chief Financial Officer is directed to
234	execute all necessary agreements to implement the payment of
235	this claim and to draw a warrant in the amount of $1,200,000 for
236	fiscal year 2008-2009 in favor of the financier of the
237	structured settlement to be paid from the General Revenue Fund.
238	Section 4.  Beginning in fiscal year 2008-2009 and for the
239	next 9 fiscal years thereafter, the Department of Children and
240	Family Services shall include in its annual legislative budget
241	request a specific appropriation for $1,700,000 of nonrecurring
242	funds for the relief of Marissa Amora in the Administrative
243	Trust Fund or the General Revenue Fund for a total of
244	$17,000,000 paid over 10 years.
245	Section 5.  This award and any subsequent awards
246	appropriated up to a grand total of $18,200,000 in nonrecurring
247	funds, inclusive of this award, are intended to provide the sole
248	compensation for all present and future claims arising out of
249	the factual situation described in the preamble to this act
250	which resulted in the injury to Marissa Amora. The total amount
251	paid for attorney's fees, lobbying fees, costs, and other
252	similar expenses relating to this claim may not exceed 25
253	percent of each annual payment awarded pursuant to this act.
254	Section 6.  This act shall take effect upon becoming a law.

CODING: Words stricken are deletions; words underlined are additions.