Foster Care Child Abuse Miami Attorneys

Can You Sue Florida’s Foster Care Contractors?

Yes. Florida regularly outsources its foster care responsibilities to contractors and subcontractors. These contractors are referred to under the Florida law as “lead agencies” and “subcontractors.” Because the State of Florida enjoys sovereign immunity under Fla. Stat. § 768.28, it can only be forced to pay $200,000 when foster care children are harmed, no matter how heinous the abuse or neglect. Florida’s legislature recognized that this“cap on damages” was unjust and, so, enacted a law specifically allowing lead agencies and subcontractors – who actually carry out Florida’s foster care duties – to be held fully accountable when their culpable negligence directly causes harm to children. That law can be found at Fla. Stat. §409.993 and begins:

“The Legislature finds that the state has traditionally provided foster care services to children who are the responsibility of the state. As such, foster children have not had the right to recover for injuries beyond the limitations specified in s. 768.28. The Legislature has determined that foster care and related services should be outsourced pursuant to this section and that the provision of such services is of paramount importance to the state. The purpose of such outsourcing is to increase the level of safety, security, and stability of children who are or become the responsibility of the state. One of the components necessary to secure a safe and stable environment for such children is the requirement that private providers maintain liability insurance. As such, insurance needs to be available and remain available to nongovernmental foster care and related services providers without the resources of such providers being significantly reduced by the cost of maintaining such insurance.”

The clear intent of Fla. Stat. §409.993 was to “increase the level of safety, security, and stability of children who are or become the responsibility of the state.” A critical part of that, as recognized by the legislature, was to provide an avenue to full and fair monetary relief if and when the culpable negligence of Florida’s foster care contractors causes injury or harm to Florida children.