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Legacy of slain girl: a call for reform

Motivated by the Kayla McKean case, Sen. Anna Cowin is pushing a bill that would strengthen child protection laws.

By DIANE RADO

© St. Petersburg Times, published February 18, 1999


TALLAHASSEE -- The fatal beating of 6-year-old Kayla McKean has triggered firings and resignations of state workers who ignored signs of child abuse in her home.

Now, the death could bring changes in state law that will better protect all children from abuse.

State senators on a key committee approved legislation Wednesday that would make a series of changes in how child abuse cases are handled and prosecuted in Florida. The bill, which has the backing of several legislative leaders, would:

Make it a felony for someone 18 or older not to report child abuse they observe in their home. The penalty would be up to five years in prison. This would cover situations such as mothers who see their husbands or boyfriends abuse their child and don't report it.

Allow a child to be removed from a home for up to 72 hours -- rather than 24 hours -- while a court determines whether there is a risk of abuse if the child returns home.

Require that calls to the state's child-abuse hot line be recorded, like 911 emergency calls, and require that photographs be taken of a child's injuries when abuse is suspected.

Set up a State Child Abuse Death Review Committee, and local child abuse death committees, to review all child deaths that result from abuse or neglect. That ensures that an outside group monitors the the handling of cases by the state Department of Children and Families.

Kathleen Kearney, the new secretary of the children and families department, praised most of the changes Wednesday, saying, "I believe this bill does strengthen the child protection laws of the state of Florida."

The changes are being pushed by Sen. Anna Cowin, R-Leesburg, whose Senate district covers Lake County, where Kayla lived.

The girl was killed the day before Thanksgiving. Her father, Richard Lee Adams, has been charged in the death. He has been accused of beating her to death after she soiled her underwear, then burying her in the woods.

The case highlighted a series of mistakes by state social workers. Among them: None of the eight to 10 workers who dealt with the case saw Kayla more than once. None did a complete review of a history of "accidental" injuries of the child. At least five state workers have been fired after Kayla's death, and others have resigned.

Cowin said Kayla's memory has guided her as she has studied which gaps to fix in the process designed to protect children from abuse.

"It's as if she was sent to fill all the holes," Cowin said after the meeting of the Senate's Committee on Children and Families. "She walked ahead of me in this process."

Democrats and Republicans on the committee joined to unanimously approve Cowin's bill.

However, hard feelings remain after years in which the funding for the child protection system has been cut by conservative Republicans, and the state has been criticized for splitting up families by removing children from homes.

Now, Florida has returned to a system where the first priority is to protect children rather than keep families together.

"I'm just glad at this point in time everybody finally got religion," said Sen. Howard Forman, D-Pembroke Pines, a longtime advocate for increased funding for social services.

Sen. Richard Mitchell, D-Jasper, reminded colleagues that they can't stop at approving Cowin's legislation. They must also invest more money in a system where child welfare workers are often low-paid, poorly trained and overwhelmed with cases.

"We've got to make sure we have the funding in place, so she (Kearney) can do her job," Mitchell said.

The timing is good for increased funding. Gov. Jeb Bush, who has made improving the child protection system and other social services a priority, already has recommended an extra $101.3-million for the child welfare system next year.

The changes proposed in Cowin's legislation add up to about $17-million over the next two years.

Cowin's bill still has a long way to go in the legislative process. But she said Wednesday that she has the support of Senate President Toni Jennings. And she has a prominent sponsor in the House, state Rep. Sandra Murman, R-Tampa, who is chairman of the House Children & Families Committee.

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