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Tipsheet

This State Is About to End Government-Sponsored Kidnapping

This State Is About to End Government-Sponsored Kidnapping
Tasha Patterson/provided with permission.

Florida lawmakers have approved a new bill called “Patterson’s Law,” which is headed to Gov. Ron DeSantis’ desk for his signature.

The bill, which passed unanimously in the state House and Senate, is designed to protect families who are falsely accused of abusing their children by reforming how the state investigates suspected child abuse. If the governor signs the bill, it will go into effect on July 1.

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Patterson’s Law would grant parents whose children have been removed on suspicion of abuse the right to request and obtain additional medical examinations from qualified physicians. This would be done at their own expense, so it wouldn’t involve taxpayer funds.

This provision would be instrumental for parents of children who have preexisting medical or genetic conditions that could explain injuries. The measure requires child protective investigators to consider whether a child’s injuries are consistent with underlying conditions instead of immediately accusing parents of abuse. Under the law, the state Department of Children and Families (DCF) would be required to consult with specialists who have relevant experience in these types of cases.

DCF would have more time to forward child abuse allegations to law enforcement after parents bring up preexisting medical conditions or request a second opinion.

The bill is named after Michael and Tasha Patterson, whose story exposed how Florida’s child welfare system can victimize innocent parents of children with underlying health conditions that can lead to injury without abuse.

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DCF removed the couple’s infant twins from their custody and terminated their parental rights after state doctors and a child protection team concluded that fractures in the babies’ bones were caused by physical abuse. The state doubled down on its claims even when other physicians found genetic and metabolic conditions that could have caused the injuries.

Later medical evaluations revealed that the twins had hypermobile Ehlers-Danlos syndrome and other bone disorders that explained why they were so fragile. However, the courts and DCF refused to consider independent assessments, a common practice among state child protective agencies in Florida, Georgia, New Hampshire, Massachusetts, and several others.

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