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Adoption–Negligent Adoption


Although Florida prides itself as being among the states’ leaders in the number of children adopted, there are still many children who have been adopted under circumstances where child welfare agencies provide insufficient resources, such as adoption subsidy, to meet the children’s extraordinary medical and mental health needs.

Click here to read the Florida Department of Children and Families 2019 Adoption Incentive Annual Report

Tragically, some of these children have severe mental health disorders like reactive attachment disorder, or they may even be sexually aggressive. Because many of these adoption disruptions are preventable, at Justice for Kids, where it is appropriate, we fight to increase adoption subsidies and to bring damage claims for negligent or wrongful adoption. Children who are surrendered because of adoption disruptions have been traumatized yet another time, so they may have significant claims for personal injury. The lawyers at Justice for Kids fight to obtain the financial resources parents and children desperately need to preserve their families and properly treat these children.

  • Parents Adopting Child Not Informed of Two Failed Adoptions Settled Pre-suit for Undisclosed Amount. Two parents from Cocoa Beach, FL adopted a child but were not informed that the child had already been involved in two failed adoptions and had significant behavior problems, which resulted from her prior abuse and the traumas from being twice rejected. The previous adoption attempts failed because the child had explosive fits of anger and the proposed adoptive parents doubted that anyone would ever adopt her. After adoption by our clients, the child continued with her tantrums and even harmed the other two children in the home. The adoptive child was diagnosed with Disruptive Behavior Disorder and Reactive Attachment disorder. The case settled pre-suit and the settlement amount was sufficient to provide counseling, services, and other much-needed therapeutic intervention to avoid a third failed adoption and to save a family.
  • Adoptive Parents Settle Lawsuit for Undisclosed Amount Against Child Welfare Agencies Responsible for Not Revealing Prior Abuse History in Foster Care. The adoptive parents of two Jacksonville, FL area children filed suit in Duval County on behalf of themselves and their adopted children against child welfare agencies for negligence and wrongful adoption. The suit claimed that the agencies were negligent in-licensing and re-licensing a foster parent who had her own children removed from her due to abuse and that she had a criminal history for child abuse.  The minor Plaintiffs were subsequently severely physically, emotionally and sexually abused by this foster parent and suffer from varying behavioral issues and mental health diagnoses, including Reactive Attachment Disorder.  The children’s mental health and behavioral issues were not disclosed to the adoptive parents prior to the adoption.  The case resolved for an undisclosed amount, which was placed into two special needs trusts so the children can receive the extensive therapeutic treatment they need over the course of their lifetime.
  • Negligence and Wrongful Adoption Lawsuit Against Private Child Welfare Agencies for Failure to Disclose Children’s Sexual Abuse Histories and Sexual Behaviors to Adoptive Parents Resulting in Lack of Safety Plan and Child-on-Child Sexual Abuse.  The claim against the three agencies responsible resolved for undisclosed amounts. A Negligence and Wrongful Adoption lawsuit was filed in Hillsborough County, FL against private child welfare agencies for failure to disclose children’s sexual abuse histories and sexual behaviors to adoptive parents, which resulted in the lack of a safety plan and child-on-child sexual abuse.  The claim against the three agencies responsible resolved for undisclosed amounts.
  • Brothers Sexually Victimized by Pedophile. Two brothers were placed in Brevard County, FL with a pedophile who was a known gambler with multiple arrests and convictions yet was later permitted to adopt them. They were sexually victimized by the pedophile. This case settled for an undisclosed amount, which permitted these children to receive the education they needed and appropriate services for the remainder of their lives.
  • Child Welfare Agency Omits Foster Child’s Troubled Past From Adoption Registry. Two Palm Beach County, FL parents adopted a foster child who was represented on the adoption registry to be a great student and athlete, however the child welfare agencies omitted to advise them that he was violent, had extraordinary mental health diagnoses and a criminal background. As a result, the boy destroyed more than $100,000 of the parents’ property. This case settled for an undisclosed amount that was placed in a special needs trust for the child’s life.

Child Rights Legal Services Provided by Kelley Kronenberg:

FL Child Wrongful Death Law Firm

FL Child Civil Rights Law Firm

FL Child Class Action Law Firm

FL DCF Negligence Law Firm

FL Disabled Children Injury Law Firm

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