Orlando associate Joshua D. Moore recently handled a pro bono case that will make all of us stop and think. Here is his story.

When the child was small, he lived with his biological mother, a drug addict and prostitute who physically abused him and conducted inappropriate - almost unspeakable - behavior in his presence. At the age of three, this little boy was removed from his home and placed in foster care with a single mother who cared for other foster children as well. When the child was 13, the foster mother was arrested for child abuse and child neglect and confessed to many of the allegations against her. Her arrest came as a result of an incident involving two other children in the home. Another child, an 11 year-old, beat a three-year old child to death, and it was learned that they were all the victim of abuse by the foster parent.

After this incident, the child that Moore would soon help, was removed from the home and placed with his grandmother. She is single and works as a lunch room attendant at a school for mentally challenged children. She herself has an adult child with Downs Syndrome who lives with her and for whom she is the primary caretaker.

The State of Florida allows that if a relative takes in a child who has been found dependant by the State, that relative is eligible for what are called Relative Caregiver Funds (RCF). In this case, these funds totaled $298 per month. The grandmother requested that her DCF case worker assist her in obtaining the funds. For two months the case worker said she would, but she never did. The grandmother then contacted the Guardian ad Litem (GAL) on the case who then contacted the case worker who said would complete the appropriate paperwork to facilitate the grandmother obtaining the funds, but again, she never did it. Finally, after months of broken promises from the caseworker, the GAL filed a motion to force DCF to award the grandmother the money. The day the motion was filed, the DCF case worker completed the application and 30 days later the grandmother began receiving the funds.

At the hearing on his motion, it was requested the grandmother be awarded the four months of RCF she did not receive as as a result of the negligence of the case worker. DCF objected to this, but the Court agreed with and ordered DCF to pay the money. Rather than pay, DCF filed a Notice of Appeal and sought to have the Order reviewed by the Fifth District Court of Appeal. Carlton Fields agreed to represent the grandmother in the appeal and Moore began working to defend the appeal. Shortly after some initial appellate motions were exchanged between DCF and Carlton Fields, DCF elected to dismiss the appeal and pay the money ordered by the Court.

We are pleased to report that the grandson is living safely with his grandmother, she is receiving her payments, and in addition to food, clothing, and school supplies, she plans to buy much needed bedroom furniture for her grandson.