JACKSONVILLE, Fla. – When Terri Weidle lost custody of her daughter Malena over accusations of medical abuse in 2021, she made sure to gather all the documentation from her doctors supporting her daughter’s medical conditions.
Despite her efforts to prevent her daughter’s removal, she was never able to show those documents to investigators.
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Terri and Malena Weidle were apart for five and a half months. According to Terri Weidle, after six months of supervised visits, it all just “went away” without an explanation.
“Once they remove that child, that damage can’t be ever undone,” Terri Weidle said.
Ever since Malena returned home, the mother and daughter have been advocating for change in how cases like theirs are handled.
Now, the Jacksonville mother said she is happy to see some of the change she has been pushing for has a good chance of becoming a reality.
A new Florida bill, filed in January by Florida State Senator Barbara Sharief, aims to decrease the number of families who are separated due to wrongful child abuse allegations.
SB 304, known as “Patterson’s Law,” was named after a South Florida family who lost custody of their three sons in 2022 over child abuse allegations and who, at the time of this publication, remained separated.
“Patterson’s Law is going to ensure that vulnerable children are not needlessly removed from their families due to misdiagnosed medical conditions,” Sharief said in front of the Senate on March 25. “This bill strengthens Florida’s child welfare system by incorporating medical expertise into investigations and preventing unjust separations and preserving the integrity of the process.”
According to Sharief, under current law, a visit is conducted when there is a report of abuse in a hospital, urgent care, emergency room, or physician’s office. If there is visible bodily harm, the child is immediately removed from the parents to ensure the child’s safety. Then, a 24-hour shelter hearing is held, starting the temporary protective supervision process, which can last up to 21 days until a determination is made.
Sharief said genetic and DNA testing, which are critical in identifying pre-existing conditions, can take three to six months to process.
“The issue is that child protective investigators, who may not be familiar with these diseases, often make initial determinations of abuse based solely on a physical finding. Injuries such as broken ribs, old limbs and dislocated joints, which are characteristic of certain medical conditions, can be misdiagnosed as signs of physical abuse,” Sharief said.
If passed, Patterson’s Law would give parents the opportunity to identify and submit a second medical opinion of a qualified physician or medical professional to challenge claims of medical abuse, according to Sharief.
According to the bill analysis and fiscal impact statement, the proposed legislation would:
- Give the Department of Children and Families (DCF) additional time to forward allegations of criminal conduct to a law enforcement agency if the parent has alleged the existence of certain pre-existing medical conditions identified in the bill or has requested an examination.
- Require child protective investigators, at the beginning of an investigation, to remind parents being investigated that they have a duty to report their child’s pre-existing medical conditions and provide supporting records in a timely manner.
- Require child protection teams to consult with licensed physicians or APRNs having relevant experience when evaluating a child having certain pre-existing medical conditions.
- Allow a parent from whom a child has been removed to request additional medical examinations in certain cases, provided the parent custodian pays for them.
Tasha Patterson, the mother of the children whom this bill was named after, said while SB 304 doesn’t guarantee she will get her children back, she hopes the bill will prevent other families from being separated due to misdiagnosed child abuse.
“I understand that child maltreatment is a concern and that intervention is necessary. However, no parent or family should lose their child without the right to a second opinion,” Patterson said during her testimony on March 25.
Press play below to watch the Pattersons’ testimony
While Terri Weidle said there’s nothing that can undo the damage caused by her daughter’s removal, she sees this bill as an opportunity to speak up not only for herself but also for dozens of other families who have gone through the same experience she and her daughter did.
“It’s a club none of us wanted to be in. It’s great that these parents now have a whole village behind them. Unfortunately, we were the engine on the train, and we didn’t have that whole village, and I was very limited in who I could go to and anybody for guidance and support that understood it. But it’s so exciting to see parents speak out and changes happening,” Terri Weidle said.
And she made sure her voice was heard.
On March 25, Terri and Malena Weidle traveled to Tallahassee to share their story and express their support for the bill.
“We all were in tears after the House voted, and half of was Tasha’s story. But, you know, knowing that positive changes are happening,” Terri Weidle said. “There’s a lot of change that needs to be, but it’s a step in the right direction, and it’s bringing awareness to a group of people that were not aware of this.”
Press play below to watch Terri Weidle’s full testimony
But Terri Weidle said her efforts to see change will not stop with her testimony.
Terri said her daughter Malena, who is now an adult, is pursuing legal action seeking at least $50,000 in damages against some of the people and entities involved in her removal.
Terri Weidle said all she and her daughter are looking for is accountability.
“I want somebody to be held accountable. We never got an ‘I’m sorry.’ She came home six months later, it closed, and they’re done, not you know, ‘Whoops, we made a mistake. We should have looked through things.’ I think that’s the biggest thing, just somebody to be held accountable for their actions,” Terri Weidle said.
While the litigation continues, Patterson’s Law continues to advance — each week getting closer to becoming a reality.
The bill has been unanimously approved by three Senate committees and is ready to go to the Senate floor.
Its companion House bill, HB 511, is still making its way through committees.
A bill needs to be passed by both the Senate and House to get to the governor’s desk for signature.
If passed, the bill would take effect on July 1.