William Kratochvil and Joseph Bootka (Fort Myers, Florida) (Governmental Law) obtained Final Summary Judgment for Defendant Florida Department of Children and Families, an agency of the State of Florida, against Plaintiff Kacey Chiddister, as father and natural guardian of C.H., a minor, in the Twentieth Judicial Circuit in Lee County Florida before Judge Joseph C. Fuller.
The cause of action arose from an incident that occurred over one year and one month after C.H. was born, when C.H. ingested his mother’s, A.H., legal prescription of methadone. C.H. ingesting the methadone resulted in C.H. overdosing and being placed in a medically induced coma. After awaking from the medically induced coma C.H. had difficulties seeing, breathing, and with mobility. Additionally, C.H. suffered severe cognitive injuries. Plaintiff then filed a suit against the Florida Department of Children and Families. Plaintiff alleged that the Florida Department of Children and Families had a non-delegable duty to prevent C.H. from suffering any injuries because the Florida Department of Children and Families were conducting home visits due to A.H. being in the middle of the adoption process of a minor who was in the dependency system. Plaintiff furthered alleged that the Florida Department of Children and Families put C.H. in a foreseeable zone of risk because the Florida Department of Children and Families did not remove C.H. from A.H.’s care when C.H. was born addicted to methadone and opiates. Additionally, Plaintiff alleged that the Florida Department of Children and Families put C.H. in a foreseeable zone of risk because A.H. was diagnosed with bipolar disorder and anxiety disorder; had a criminal history, including charges for fraud and using a false identification; had a substance abuse history including but not limited to, cocaine, pain pills, Xanax, and heroin; and was currently receiving methadone treatment from Operation PAR, Inc.
Pursuant to Florida Statute § 39.302(1) “[t]he department [of Children and Families] shall conduct a child protective investigation of each report of institutional child abuse, abandonment, or neglect. Discovery revealed that the Florida Department of Children and Families thoroughly investigated every abuse report received regarding C.H. and the other minor child A.H. was adopting. After the investigations there was never any findings of abuse or findings that A.H. was abusing illicit drugs or her legal prescription of methadone.
After nonbinding arbitration Plaintiff was awarded $25,000,000.00 in damages. Shortly thereafter, Vernis & Bowling filed a trial de novo order and set a hearing for their Motion for Summary Judgment.
At the hearing, defense counsel argued and Judge Joseph C. Fuller agreed that the Florida Department of Children and Families does not have the same duty of care towards biological children who are not in the dependency system as they do towards foster children; that the Florida Department of Children and Families only duty was to investigate abuse allegations; that the Florida Department of Children and Families did not have a duty of care towards C.H. because the Florida Department of Children and Families did not put C.H. in a foreseeable zone of risk; that there was no proximate cause between the Florida Department of Children and Families actions and C.H.’s injuries; and that the Florida Department of Children and Families did not have probable cause to remove C.H. from his biological mother, A.H., until C.H. overdosed on his mother’s legal prescription of methadone.