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  1. #1
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    Default Denial Of Medical Care For Children In State Care

    My question involves injury or loss that occurred in the state of: Florida

    Where can I find the relevant statues dealing with the provisions of medical care to those who are in the care of the state of Florida?

    Are there federal codes as well?
    Does US CODE: TITLE 42, CHAPTER 7: SOCIAL SECURITY cover it?

    I am looking specifically for those dealing with children and/or those who are NOT incarcerated, but in the custody/care.

    I am searching though the statues but am finding little. I really want something that says that the State is obliged to provide medical care to children in its care/custody.

    I have found some rules dealing with licensing of facilities dealing with chidren in state care/custody.

    Can anyone help?

  2. #2
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    Default Re: Denial Of Medical Care For Children In State Care

    Oh, so it appears I have a Title 42 ss 1983 case for, at least, a violation of Amendment XIV of the U. S. Constitution.

    It also appears that I can file in the State court and the Federal court at the same time. Yes?

    It appears that sovereign immunity is not applicable and the State can be sued. Yes?

    Can a citizen who is not an attorney innitiate the action on his own behalf?

  3. #3
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    Default Re: Denial Of Medical Care For Children In State Care

    Since you ignored the instruction not to reply to your own thread, you've just substantially reduced the number of people likely to review your question.

    Share some facts.

  4. #4
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    Default Re: Denial Of Medical Care For Children In State Care

    Quote Quoting Gee-Oh
    View Post
    Oh, so it appears I have a Title 42 ss 1983 case for, at least, a violation of Amendment XIV of the U. S. Constitution.
    Off the top of my head, I was going to say it was a deliberate indifference under the 8th AM to deny proper medical care to a child in government custody. It lead me to this case, as it appears the 14th AM only applies??

    A Prisoner in state custody is entitled to 8TH AM protections though!

    http://www.law.cornell.edu/supct/htm...7_US_307n16ref

    It also appears that I can file in the State court and the Federal court at the same time. Yes?
    No! Multiplicity/duplicity of suits will be a concern of the courts and one will be dismissed, IMO!!

    If you are talking state violations in state court and federal violations in federal court, then you need to research duplicity of suits to make sure it is permitted for the SAME cause of action? Even if both are permitted, when the defendant's are aware of both, they will move whatever court to STAY thiers while the other is pending. Also be prepared for some fierce case law to be cited which will claim you can not have both litigated at the same time, or one after another??

    It appears that sovereign immunity is not applicable and the State can be sued. Yes?
    Immunity is almost never absolute, unless you intend to sue the President of the United States in civil court for actions he committed as President, no dice then!! Qualified and Absolute immunity are two seperate doctrines.

    You can sue a state, you just have to overcome the burden of proof as far as Immunity is concerned.

    Can a citizen who is not an attorney innitiate the action on his own behalf?
    If we are talking federal court under 1983/14th AM, Yes, BUT not wise, especially in an Immunity based suit.


    http://www4.law.cornell.edu/uscode/h...4----000-.html

    I am not an Attorney, so take it for what it is worth.

    Bottom line, hire one, if you choose to represent yourself, you risk alot.

    Also YOU need to have Standing to bring the suit for the child, no standing, you will be dismissed.

  5. #5
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    Default Re: Denial Of Medical Care For Children In State Care

    Sorry to replying to my own post

    Just to clear things up a bit . . .

    My son is not a criminal. He was not in trouble with the police nor did he have any charges or complaint against him.

    He is a child and was in the custody of the Dept. Children and Families. He was at a private youth-care facility after been dumped by the people who were caring for him just before I was to seek custody because of neglect and abuse by those people.

    He was severly injured and had to suffer four days of agony before they finally decided to take him to a hospital. The delay complicated the injury and surgury was the only option at that time . . . then it was five days letter and surgury on the sixth.

    I already tried a lawyer, signed a contract with him, and then nothing . . . He has failed to do anything including responding to any communications I have tried, e-mails, letters, etc.

    However . . . If I claim in State court a U.S. civil rights violation they must act on it. Also there is case law and supreme court descisions that demonstrates that sovereign immunity is voided since U.S. law, the supeme law of the land, trumps State law in the case of civil rights violations.

    I need to file a complaint soon in the court of jurisdiction for the place of cause of action. I just need to get things rolling . . . the case is pretty much uncontestable as to the factual basis.

    In Florida contractors have huge power so I expect that they will try everything in their power to stop any case even being brought to hearing. I expect they will try and contest the facts and use dirty tricks.

    Any and all advice will be much appreciated . . . Please help.

  6. #6
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    Default Re: Denial Of Medical Care For Children In State Care

    This was touched on in a related thread. You were asked what rule you believed had been violated that would take the case outside of sovereign immunity. You responded "the Florida Administrative Code". So I must now ask: Which specific provision are you referencing? Please give an exact citation.

  7. #7
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    Default Re: Denial Of Medical Care For Children In State Care

    The contract with the State specifies that the Corporation be licences by the state under FAC rules.

    The relavent statue is:

    Title XLV: TORTS
    Chapter 768: NEGLIGENCE
    (11)(a) Providers or vendors, or any of their employees or agents, that have contractually agreed to act on behalf of the state as agents of the Department of Juvenile Justice to provide services to children in need of services, families in need of services, or juvenile offenders are, solely with respect to such services, agents of the state for purposes of this section while acting within the scope of and pursuant to guidelines established in the contract or by rule. A contract must provide for the indemnification of the state by the agent for any liabilities incurred up to the limits set out in this chapter.

    My emphasis.

    If they break the contract (the guidelines) or what is required by the contract (the rules) then, at least to my mind, the protection offered by that contract has been voided.

    Yes, no?

    It has been given to me that this coporation, I may assume this is the common practice, usually cuts corners on as much as they can to reduce operating costs . . . One could claim to the point of endangering its "clients".

    I wonder why?

  8. #8
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    Default Re: Denial Of Medical Care For Children In State Care

    So in short, you don't know of any rule that they violated.

    As I think you've been told, governmental immunity issues are complex. Consult a lawyer.

  9. #9
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    Default Re: Denial Of Medical Care For Children In State Care

    Oh, never mind on that matter.

    My son was not in a facility that was under the DJJ contract. As I said . . . he was not in trouble.

    The facility was under a contract with the department of Children and Families Services and the rule by which it licences facilities are less demanding. However they still broke those.

    I could still try and claim such breach of contract - loss of protection but it does not look good.

    The waver of Sovereign immunity was drafted in 1973 and enacted in 1974. The limit then is the same limit today over 34 years latter: $100,000.

    Depending on how you calculate it, its equivalent in 2008 dollars is between $450,000 to just over the million mark. The ink on the paper doesn't change but the world does. Kind of defeats the whole concept of compensation and reduces it do an insult. No wonder no lawyer wants to take my case; it's just not worth it to them!

    I can also see where this unmoving, concrete limit might even cause great harm: A corporation would have a significant motivation to litigation and pay its "nominal fine" rather than spend greater sums ensuring the litigation doesn't happen in the first place.

    They are doing a risk/benefit (to themselves) calculation based solely on financial considerations. Everyone else be damned!

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