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Parents to sue over boot camp
hanging
By John Davis, Jr.
June 27, 2000
News Chief
LAKE WALES -- The parents of a boy
who hanged himself using his own boot laces almost two years ago in
a Bartow boot camp are expected today to file suit against the
state, the Department of Juvenile Justice, Polk Sheriff Lawrence
Crow Jr. and Inphynet Hospital Services, claiming the defendants
failed to do their jobs.
Joseph and Mylinda Franza of
Okeechobee will seek compensatory damages plus legal costs, records
state. No figure is mentioned in the legal complaint composed by the
pair's attorney, Howard I. Kay of the law offices of Kent Lilly in
Lake Wales. The suit states the Franzas are seeking damages for the
"loss of (their son's) companionship and protection, mental pain and
suffering from the date of (their) son's death," and "medical and
funeral expenses due to (their son's) injury and death."
"A lot was not done that could have
been," Joseph Franza said late Monday. "It's still painful for us to
talk about."
The Franzas have three other
children.
The couple work for the state
Department of Corrections, Kay said Friday.
A "suicide risk screening
instrument" regarding Chad Franza was done by the Juvenile
Assessment Center run by the (Department of Juvenile Justice), but
the case manager completing the form, who was a DJJ employee, never
filled out a section entitled "Case Manager Interview of the Child,"
the lawsuit alleges. That section determined whether the 16-year-old
Franza boy would be placed on a close watch and referred for a
suicide risk assessment within 24 hours.
In another section of the screening
instrument document, though, one entitled "Case Manager Interview of
Parent/Guardian or Relative and CYF Counselor," the case worker
noted that Chad Franza had threatened to kill himself several times.
The worker's answer meant the boy was to be watched closely, and
that he was to be assessed within 24 hours. According to the
lawsuit, Chad Franza was never placed on close watch, nor was he
referred for suicide risk assessment. Not only did DJJ fail to
assess the boy within the next day, however, they never assessed him
at all, Kay states in the complaint. In other sections of the suit,
the lawyer points out that "Suicide Risk Assessment Results" were
never filled in by DJJ.
Because of the allegations above,
"The State of Florida, by and through its employees, agents and/or
subcontractors, negligently breached its duty to Chad Andrew Franza,"
the suit states.
Next, the Franzas' attorney takes
aim at Crow: "The SHERIFF owed a duty to Chad Andrew Franza to use
reasonable care in providing him a reasonably safe environment and
to use reasonable care for his physical and mental well-being and
safety. The SHERIFF ... negligently breached his duty to Chad Andrew
Franza."
Kay states that the "breaches"
included failing to review the boy's file, which noted the suicide
threats, failing to maintain the required staff-to-inmate ratio,
failing to make rounds of Chad Franza's area more than once an hour,
allowing him to cover his room's window with cardboard each night so
no one could see in and restricting contact between parents and
recruits, especially during the early period of the boot camp.
Allegations the suit makes against
InPhyNet Hospital Services, Inc. include failing to: provide for the
teen-ager's overall well-being, provide a psychological profile
evaluation, provide a review of Chad Franza's medical record and
provide a safe environment for him.
The Polk County Sheriff's Office
death investigation when the incident occurred stated the boot camp
staff followed proper procedure. Crow could not be reached for
comment late Monday, and the Polk County Sheriff's Office was
closed.
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