JACKSONVILLE, Fla. – The adoptive parents of a boy were awarded more than $12 million in damages against a Jacksonville organization because it failed to disclose important facts on the child’s history and mental health diagnoses.
Attorney Justin Grosz represented the family in the case against Jewish Family and Community Services, Inc. (JFCS).
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According to Grosz, JFCS did not disclose the boy’s “significant” mental health diagnoses and behavioral issues during the adoption process.
The information withheld includes:
- The boy had been involuntarily committed to a psychiatric facility where physicians found him to be a danger to himself and others.
- The boy’s lifelong mental health issues carried the risk of extreme physical and sexually reactive behavior. According to Grosz, the concern was enough to create a Safety Contract at his last foster home – requiring that he never be placed in a room with younger children.
The parents’ lawyer said the organization implied the child’s only diagnosis was Autism and ADHD, and it did not disclose he had been committed to a psychiatric facility and the Safety Contract details.
The adoptive parents had three younger daughters (who were all under 5 years old at the time), and despite knowing that, the organization did not disclose the Safety Contract information before his adoption.
Following the adoption, the boy’s behaviors worsened, including self-harm, threats to harm the adoptive dad, fire-starting, and the sexual abuse of one of the daughters, Grosz said.
Professionals determined it was no longer safe for him to live with his adoptive family, and he will need constant supervision to ensure his safety and the safety of those around him.
“(The parents) are an inspiring testament to the meaning of family and commitment in the face of extreme adversity. Their ability to navigate such conflicting waters - protecting their daughters and themselves from their son while relentlessly pursuing care and treatment and endeavoring to maintain a sense of family unity in the hope of healing - has been remarkable,” Grosz said. “An adoption agency must never needlessly endanger the lives and safety of children and families by failing to fully disclose information it is legally required to disclose.”
At trial, it was determined JFCS negligently misrepresented and failed to disclose material facts related to the boy’s history during the adoption process.
The Florida Times-Union reported the jury determined the parents should get $13.5 million in damages for the “negligent misrepresentation” of the boy’s condition. However, the jurors also determined the parents should have examined records provided to them, so they said the couple carried 7.5% of the responsibility in this case. That reduced the liability to just under $12.5 million, according to the Florida Times-Union.
Jewish Family and Community Services, Inc. sent us the following statement in response to this lawsuit:
“Unfortunately, we’re very limited now in what we can say about this lawsuit as the legal case is far from over. Our focus is on the child involved and his adoptive family. Florida’s child welfare system has been working with this family for years to help heal the impacts of the trauma from abuse that happened before we helped with the adoption in 2017. For more than 60 years, we have been helping children and families with every stage of the adoption process – from aiding birth mothers to matching adoptive parents with children. We look forward to continuing that vital mission in this community.”
John Daigle, JFCS Spokesperson
The trial began on Dec. 4 and ended on Dec. 12.