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Published: July 1, 2008
TAMPA - TAMPA - The biological mother of an 11-year-old girl who died in foster care is suing the Department of Children & Families and other agencies for negligence, according to a complaint filed Friday in civil court.
Vernette Pritchett alleges that her daughter, Rikka Pinckney, was "repeatedly abused" and "eventually died when another foster child or children in the same home smothered her and suffocated her to death," according to the lawsuit.
"It's sad; it's really sad," said Adam Brum, the Tampa attorney representing Rikka's family. "It's a tragedy. This is something that never should have happened."
DCF officials could not be reached Monday.
But in December, DCF officials said in a written statement that Florida Mentor - the agency responsible for recommending and licensing foster parents - conducted an internal review and implemented a plan that included personnel changes and increased training.
Rikka, who had Down syndrome, died in June 2006 when she was under the care of foster parent Delores Wilson of Town 'N Country.
A 13-year-old foster child sharing the bedroom told authorities she used a pillow to smother Rikka, according to a Dec. 13 Tampa Tribune story.
The state attorney's office cleared Wilson of any criminal wrongdoing in June 2007. Prosecutors also declined to pursue charges against the 13-year-old and a 16-year-old.
The initial autopsy on Rikka concluded that she died from congenital heart failure associated with Down syndrome, according to the Hillsborough County Medical Examiner's Office.
After the 13-year-old girl told authorities she smothered Rikka, the findings were amended and the official cause of death is listed as "undetermined."
Other than DCF, Florida Mentor and Wilson, seven other agencies - including Hillsborough Kids Inc. - are being sued by Pritchett, who is seeking damages for Rikka's medical expenses, the loss of her daughter's companionship and "mental pain and suffering."
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