State settles lawsuit over abused foster children

The state has agreed to pay $585,000 to settle a lawsuit by two former foster children who were sexually molested by a state-licensed Maui foster parent.

Zack Morris was convicted of sexually abusing three foster children, all boys, who were placed in his care by the state Department of Human Services from 2009 to 2011. The victims ranged in age from 11 to 16.

Morris, who was formerly known as Florentino Rios, is now serving a prison sentence of up to 20 years at Halawa Correctional Facility, according to the state Department of Public Safety.

According to the state Attorney General’s office, a background check into “Zack Morris” as part of the licensing process for foster parents in 2008 “did not uncover any information” that raised concern about the suitability of Morris as a foster parent. However, under the name Florentino Rios, he and his wife Krystina had an alarming history.

The Star-Advertiser reported in 2017 that New York authorities found the couple had provided inadequate guardianship for their 4-month-old son after the infant stopped breathing and was rushed to the hospital with a fractured skull, bleeding in the brain and other injuries.

The child was diagnosed with shaken baby syndrome after that 2003 incident, and the parents failed to offer any explanation for the injuries, according to New York documents. New York authorities placed the baby in foster care for a time after concluding the child would be at serious risk of harm if he stayed with his parents, but the family was later reunited.

Hawaii officials have said the 2003 incident wasn’t flagged during a foster care licensing background check because the Morrises had changed their names shortly before moving to Hawaii, according to an attorney for the foster children.

After Morris was licensed as a foster parent in Hawaii, there was a physical altercation between a boy who was placed in his home, and the boy claimed Morris had sexually abused him, according to an account of the facts in the lawsuit provided by the Hawaii Attorney General’s office last week.

Morris alleged the boy had assaulted him, and “the police and the court sided with Mr. Morris,” according to the attorney general. After a DHS investigation, the department classified the sexual abuse allegation as “unconfirmed,” and the boy was removed from the Morris home.

Morris later sued DHS for discrimination for not placing any foster children with him and won that case, according to the attorney general.

“Despite lingering suspicions,” DHS placed a second child with the Morrises at the request of the child’s mother, according to the attorney general’s account of the lawsuit. That boy’s younger brother was also later placed in the Morris home, and the younger child reported sexual abuse to his therapist.

Both boys were then removed from the home, and an expert witness in the lawsuit against the state provided an opinion that both boys, who are now adults, suffer from multiple issues including post-traumatic stress disorder, delayed education and alcoholism as a result of the sexual abuse.

The proposed settlement of the lawsuit is being submitted to state lawmakers for their approval. A spokeswoman for DHS referred questions about the case back to the attorney general.

Jon Jacobs, lawyer for the two former foster children who sued the state, said “the survivors are seeking closure” and previously settled with another party in the lawsuit. He declined further comment.