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(Scroll beyond this introduction to read the latest blog post)
If you’re a child or an advocate for a child in the foster care system, Florida Child Advocate is here to help.
This site was created by the law firm of Colodny, Fass, Talenfeld, Karlinsky & Abate, P.A., and nationally known Florida child advocate Howard Talenfeld to protect children and to address key issues facing those with foster care, physical abuse, child sexual abuse, social services, dependency, disability or personal injury and damages claims or lawsuits against the Florida Department of Children and Families (DCF), agencies and other child welfare providers. We believe that children belong with their own families. However, we also believe that when protective investigations by the Florida DCF and its agencies reveal that children are at high risk of neglect, child sex abuse or physical abuse by their parents, they must be placed with suitable relatives when they are available, and if not, some children must be placed in foster care. Critically, if children are going to be taken into foster care, they should be protected by the Florida Department of Children & Families and their community partners from the risk of physical and sexual abuse and returned home or placed in loving and nurturing adoptive families as quickly as possible. Topics also include the rights of foster Children to be safe from harm in care, their right to medical, psychological care, and disability benefits, their educational rights, and their rights on the road to independence.
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It’s a horrible case of child abuse, rape, personal injury and living a life of fear. William DeJesus’ youngest son called him the “Monster” that lurked beneath his bed — more than two years after workers with the Florida Department of Children and Families returned DeJesus’ two sons to his care. This, after the parent had been accused of molesting them. Now, the dad is dead of suicide after stabbing one boy to death and leaving a knife stuck in the other’s head.
DeJesus had been accused of beating, stabbing and raping the boy’s mother, who, in turn once told authorities the couple had repeatedly molested the boy and his older brother, the Miami Herald reported.
Now, Broward Sheriff’s detectives and child welfare advocates are left to investigate the pieces in an attempt to discern whether another horrible tragedy could have been avoided.
The numbers are staggering. More than 14,000 kids across Florida are in foster care, and thousands more are considered at risk. Yet for advocates, guardians, involved childcare attorneys and citizens, solutions to help abound – if they only look.
Panera Bread franchise owners Gavin and Annette Ford long ago looked for what they could do for foster kids in Florida. Their solution was to open their doors and proceeds. The couple offers mentoring and a summer jobs program. In the past year, through their business they’ve donated almost $400,000 to local charities, including those that help foster children.
Earlier this month, the couple got creative with their philanthropy. According to the Orlando Sentinel, their Panera Bread restaurants in Orange, Osceola, Seminole, Lake, Brevard, Volusia, Martin, Indian River and St. Lucie counties, the Fords sold a ribbon-shaped blueberry bagel pastry custom created for foster kids.
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Fort Lauderdale, Florida – The 10th annual Florida’s Children First (FCF) Broward Awards reception yesterday raised $100,000 and drew more than 250 child advocates, elected officials, judges and community and business leaders in support of the state’s foster, abused and neglected children.
FCF, the statewide legal advocacy organization focused on protecting the legal rights of at-risk and foster care children, recognized supporters and groups committed to helping Florida’s most vulnerable children. The event was held on March 22 in Fort Lauderdale.
The event recognized this year’s Broward Child Advocate honorees. They included Broward County Bar Association Past-President Bruce Weihe; Broward County Bar Association President Jordana Goldstein; and Tracey McPharlin Pro Bono Dependency Recruitment Project Director David Bazerman.
“Florida’s Children First Broward Awards honor those who give of their time and expertise in helping children across the county. But it’s so much more than that,” said Howard Talenfeld, FCF President and Fort Lauderdale children’s rights attorney, who hosted the event with FCF Executive Director Christina Spudeas. “Each year, the event showcases the change that advocates who are committed to a cause can bring on behalf of those whose voices cannot be heard. Tracey would be proud of the legacy of advocacy that lives on in her honor.”
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Two cases filed in Fort Lauderdale courts this week have Florida child advocates, foster child rights attorneys and others who follow issues regarding disabled children closely interested.
In one case, a 16-year-old girl who cannot talk or walk and needs help breathing part of the day, lives “warehoused” by the state in a Plantation nursing and rehabilitation center, says her attorney, who filed the case in federal court in Fort Lauderdale. She’s one of 250 such disabled or severely sick children Florida pays to keep in nursing homes – when alternatives exist. Their families would prefer them to be at home or in the community.
The lawsuit claims Florida keeps these sick and disabled kids trapped in nursing homes and institutions by denying services, “even when doctors have cleared them to go home with their families,” the Sun-Sentinel reported of the suit.
In a separate suit, a second group of families claim the opposite – fearing 3,300 at-risk children living at home may be forced into institutions or nursing homes if Florida Medicaid denies services.
Lawyers claim the law is on the plaintiffs’ side. The Americans With Disabilities Act and a U.S. Supreme Court ruling require states provide services that keep such individuals in the least restrictive settings possible, the paper reported. Read the entire story here.
Nationwide, from Florida to California, some 400,000 foster kids struggle to find their place in the system, whether it’s the dependency court or life in a group home. This Associated Press story discusses the need for legal help for foster kids. Some states, like Massachusetts, Connecticut, and more than a dozen other states, appointed attorneys are required for foster children. Yet, the story notes that shrinking budgets make compliance sporadic.
On a high note, a Florida pilot program has advocates pushing other states to try. Here, advocates say children with attorneys move through the system faster.
“A pilot program in Palm Beach County showed children with effective counsel in dependency cases found permanent homes at about twice the rate of unrepresented children,” the AP wrote. “The program, which has 14 attorneys with an average caseload of 35 kids, works with about 800 foster children a year, costing taxpayers about $1.7 million. Advocates say that’s less than what the state would pay for extended stays in foster care. Florida spends between $150 to $200 a day to care for each child.”
The AP continued, “The U.S. Department of Health and Human Services recently awarded a $5 million grant to the University of Michigan to study how to better connect foster children with legal help. The American Bar Association recently wrote legislation and is urging lawmakers in several states, including Florida, to require attorneys for all foster children.”
Read the entire story here.
A restraining order, verbal threats of personal injury, physical assaults, an open-and-shut investigation closed too soon by the Florida Department of Children and Families and news her estranged husband was looking to buy a handgun weren’t enough for DCF to protect Natasha Whyte-Dell and her seven children.
Then, in September 2010, the estranged husband, Patrick Dell, kicked in her door and shot dead Whyte-Dell and three of her children and injured a fourth before killing himself.
Now, Michael Barnett, father of the three children, is suing DCF for negligence. Read the entire story here.
Child sex abuse, physical abuse, personal injury and other harm comes to Florida children, according to child advocates, child advocacy attorneys and personal injury lawyers who help foster children and other kids in vulnerable situations. But we all can help by reporting what we see to the Florida Department of Children and Families at 1-800-96-ABUSE.
In the case of a 6-year-old girl, the DCF says she and her sibling are safe now. But her mother had traded the girl for sex to get drugs.
“You know in my seven and a half years with DCF, we’ve never seen a case like this,” DCF spokesman John Harrell told WOKV.
Now, as with all cases of possible sex abuse and child abuse, the DCF owes it to the little girl to do a thorough investigation. Authorities also are giving the girl counseling.
“But we want to make sure that the child does not have to recount what happened to many times,” he says.
Now, adults around these vulnerable children have to speak up. “There’s a lot of child sexual abuse that goes unreported. That’s unacceptable.”
Reporting child abuse and sexual abuse is required by law. If you suspect something is going on, call DCF at 1-800-96-ABUSE.
It’s a puzzling case: The Florida Department of Children and Families is pushing to return to his family a 9-year-old boy found wandering the streets of North Miami Beach naked and hungry. The boy has told doctors he fears his home. A judge, who said in court the boy looked like a concentration camp survivor, ordered the release of hundreds of pages of state documents – and then questioned the state’s intention to return him to his family.
It’s a complicated case. State child welfare administrators describe the parents – Edward Bailey and Marsee Strong – as loving parents who deserve to get their children back after the kids’ brief stay in foster care.
Administrators also urged prosecutors to seek the couple’s release from jail, telling Miami Judge Cindy Lederman that the couple had not harmed their children. Yet, the boy has told his doctors he’s afraid to go home.
There should be no rush to return this boy to his family until the truth comes out. Read the entire story here.
Florida’s Children First (FCF), the statewide legal advocacy organization focused on protecting the legal rights of at-risk and foster care children, will recognize and honor supporters of The Tracey McPharlin Pro Bono Dependency Recruitment Initiative at FCF’s 10th annual Broward awards reception. The event will be held Thursday, March 22, 2012, from 5:30 to 7:30 p.m. at The Tower Club in Fort Lauderdale.
FCF Executive Director Christina Spudeas, along with FCF President and Fort Lauderdale children’s rights attorney Howard Talenfeld, will lead the event. It is expected to draw more than 300 child advocates, elected officials, judges and community and business leaders. Kristi Krueger, WPLG Local 10 Anchor, will serve as mistress of ceremonies.
The evening will recognize and honor supporters of The Tracey McPharlin Pro Bono Dependency Recruitment Initiative, named in honor of the long-time child advocate attorney who passed away in 2010. The event also will recognize this year’s Broward Child Advocate honorees, including Broward County Bar Association past president Bruce Weihe; Broward County Bar Association President Jordana Goldstein; and Tracey McPharlin Pro Bono Dependency Recruitment Project Director David Bazerman.
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FORT LAUDERDALE (CBS4) – He’s a monster; that’s what one of William DeJesus sons called him, says CBS Miami. DeJesus is accused of stabbing his wife and his two young sons inside a Deerfield Beach RV, leaving his autistic 9-year-old dead. Neighbors said he also killed the man who lives here, then took his own life. It’s a violent end, to what DCF records show, was a horrific life for his children – including allegations of sexual abuse.
All of this infuriating to child advocates. “Unfortuatenly,” said attorney Howard Talenfeld, head of Florida’s Children First, “notwithstanding any of these red flags and concerns, the decision was made to return these children into harm’s way back to their parents.”
Watch the video below.
By Gloria W. Fletcher, Esq.
The South Florida murder case of Nubia Barahona had warning signs all over it. School teachers reported a thin, hungry child with a sickly appearance and who hoarded food. Social workers noted how the family rarely let them see Nubia and her twin brother, Victor.
In the end, Nubia was killed, her brother allegedly tortured – and both became the subjects of reports by commissions and blue ribbon committees. Their adoptive parents, Jorge and Carmen Barahona, stand accused of the horrific crimes.
The lessons made clear from the reports and committees and commissions: Warning signs were overlooked and opportunities were lost to save these two children.
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- Las Vegas, Nevada - May 5, 2012 - National Center for Youth Law Wins Major Victory for Las Vegas Foster Children
The National Center for Youth Law (NCYL) has won a major victory on behalf of foster children in Clark County (Las Vegas), Nevada. The Court of Appeals for the Ninth Circuit overturned a lower court's dismissal of the foster care reform case brought by NCYL on behalf of Clark County's abused and neglected children. The Appeals Court ruled that these children have a constitutional right to safety and adequate medical care. The Court also said that the county, and county and state officials, are liable if they fail to ensure that those constitutional rights are protected.
- Tallahassee, Florida – May 5, 2012 - Florida DCF Blog, Social Media to Share Families’ Stories Florida's Department of Children and Families (DCF) is sharing the stories of families across the state with a new blog and Facebook page. Words from adoptive mother and TV personality Kim Parrish will be one of the first post on the blog. New media also will have custom tabs featuring DCF resources, such as how to apply for benefits and report abuse to the state hotline, that can be automatically installed on any Facebook business page.
- News-Press – Tallahassee, Florida – May 7, 2012 - Florida Department of Children and Families to Use Report-Card System to Monitor Foster Kids Florida DCF is taking steps to reduce the number of youth in foster care who wind up without an education by requiring report cards – not on how the kids are doing in history and English, but on whether they're in a stable situation that enhances their.
- News-Press – Fort Myers, Florida – May 5, 2012 - Parents Addicted to Pills Leave Kids on DCF Radar Pills are a scourge to Florida kids. The number of children under DCF supervision is at its highest in two years despite a push to keep families out of the system. Prescription painkillers are largely to blame, said child welfare leaders. They have seen addictions to drugs like oxycodone deepen in the past year and numb many residents’ ability to be watchful, nurturing parents. Parents are relapsing and spending money on drugs instead of food and clothes for their children.
- Tallahassee, Florida – May 1, 2012 - Florida DCF celebrates Mental Health Awareness Month Listen to a happy song to release stress. Replace your snack food with healthy “brain” food. Do a crossword puzzle to improve critical thinking. These tips and more are part of the Florida Department of Children and Families celebration of Mental Health Awareness Month in May. Starting May 1, events around the state will help bring awareness to a healthy mind and body and to positive outcomes for those with mental illnesses.
- St. Augustine Record – St. Augustine, Florida – April 13, 2012 - Man Facing Child Sex Charges Ruled Incompetent A man accused of sex crimes against two children won’t go to trial, at least not in the near future. David Lavern Stratton Jr., 36, was placed into the care of the Department of Children and Families on Thursday after a mental health evaluation found him incompetent to stand trial.
- Naked Politics / Miami Herald – Miami, Florida – March 29, 2012 - Scott Expands Role of DCF Secretary to be Head of 'State Operations' As if being head of the Department of Children and Families weren't enough, Gov. Rick Scott today appointed David Wilkins to a new role as Florida’s Chief Operating Officer for Government Operations. According to a statement from the governor's office, Wilkins "will serve in this role in addition to his role as Secretary of the Department of Children and Families.''
- News Press – Fort Myers, Florida – March 27, 2012 - DCF was Investigating Family of Slain North Fort Myers Infant At the time an 8-week-old baby was allegedly killed by her father in their North Fort Myers home, the state Department of Children and Families was already investigating the family.
- Miami Herald – Miami, Florida – March 7, 2012 - Judge Ends Visits Between Alleged Molester and Daughter, 4 A teenage foster kid at a child welfare office saw in chilling detail what a state social worker did not: A father, during a supervised visit with his daughter, wrapping his hands around the 4-year-old’s neck as he pushed her face toward his groin. “That’s when [the 4-year-old] screamed,” the foster child told an investigator.
- Miami Herald – Miami, Florida – March 3, 2012 - Wife of ‘Monster’ Dad Jailed in Son’s Stabbing Death A mom whose sons were returned to her and her husband despite reports they were abused was charged in the killing of one of the boys.
- Miami Herald – North Miami Beach, Florida – March 2, 2012 (WSVN) - Florida DCF Releases Documents in Child Neglect Case Child welfare officials released hundreds of pages of documents involving the case of a boy who was found wandering the streets, naked and starving. The Department of Children and Families released over 700 pages on Thursday that drew few, if any, conclusions as to why a 9-year-old boy was found malnourished and bruised in the street in January.
- Miami Herald – Miami, Florida – December 30, 2011 - Barahona Judge’s Efforts to Ferret Out Leaks Detailed Court records released to The Herald document a judge’s efforts to identify lawyers or child welfare administrators she suspected of leaking secret material to the newspaper.
- Miami Herald – Miami, Florida – December 17, 2011 - South Florida Charter Schools Admit Few Special Needs Children From South Dade to the northern reaches of Broward County, only a handful of students with profound disabilities make it into charter schools, according to a Miami Herald / State Impact Florida analysis of student enrollment data. The trend holds true across the state, where 87 percent of charter schools don’t serve any students with the most intense support needs.
- Associated Press – State College, Pennsylvania – December 16, 2011 - Penn. Deputy Attorney General Cites PSU 'Inaction' A graduate student waited a day after allegedly seeing a child being sexually assaulted on Penn State's campus before telling his supervisor, football coach Joe Paterno. Paterno waited another day before calling the university's athletic director, who looped in a school vice president. "I think it's a sad, sad, sad day, when you think about all of these victims, and you saw the inaction by a number of supposedly important, responsible adults. And there's a lot of inaction in this case," Marc Costanzo, a senior deputy attorney general, said after the preliminary hearing.
- USAToday – State College, Pennsylvania – December 13, 2011 - Penn State Coach Jerry Sandusky Waives Right to Hearing, Will Face Accusers Former Penn State assistant coach Jerry Sandusky waived his right to a preliminary hearing today, sending the case directly to trial at a later date.
- Palm Beach Post – Miami, Florida – December 9, 2011 - Barahona Records: Neighbor Says Jorge Barahona Was 'Super Paranoid' Jorge Barahona was given to paranoia and fears of conspiracies around him that he expressed to a neighbor, according to investigative materials released this week by the Miami-Dade State Attorney’s office, fears that may have led him to murder his adopted daughter and almost kill her brother, Victor.
- The Miami Herald – Miami, Florida – December 9, 2011 - Pleas by Nubia Barahona’s Family Went Unheeded — Until It Was Too Late Relatives of Nubia and Victor Barahona were convinced that the children were being abused by their adoptive father. But they couldn’t get anyone to listen. Nubia Barahona, 10, was found dead in the back of her adoptive father's pickup truck in Broward on Valentines Day.
- Associated Press – State College, Pennsylvania – December 8, 2011 - Ex-Penn State Coach Sandusky Jailed on New Child Sex Abuse Charges Based on 2 New Accusers Former Penn State University assistant coach Jerry Sandusky spent Wednesday night behind bars after new child sex abuse charges were filed against him based on the claims of two new accusers, including one who says he screamed in vain for help while Sandusky attacked him in a basement bedroom.
- Gainesville.com – Plant City, Florida – Mentally Disabled Man Forced to Stand on Ant Hill A 21-year-old worker at a group home was arrested, and the facility where he worked was later shut down after authorities said he forced a mentally disabled man to stand barefoot on fire ant hills as punishment for stealing money. Florida MENTOR's Ike Smith Group Home's license has been suspended. Florida MENTOR continues to operate other facilities throughout the state. The Department of Children and Families and the Agency for Persons with Disabilities are investigating.
- Orlando Sentinel – Orlando, Florida – December 3, 2011 - Orlando Mom Was Foster Parent to Hundreds of Kids Dorothy Pearl Johnson didn't have children of her own. However, as a foster parent for four decades, she mothered about 400 children. Johnson, 87, continued to nurture children until a few months ago, when her failing health forced her to stop. After battling leukemia, she died on Tuesday in the home on Trentonian Court where she had cared for hundreds of children as if they were her own.
- New York Times – New York – November 22, 2011 - Drugs Used for Psychotics Go to Youths in Foster Care Foster children are being prescribed cocktails of powerful antipsychosis drugs just as frequently as some of the most mentally disabled youngsters on Medicaid, a new study suggests.
- USAToday – State College, Pennsylvania – November 16, 2011 - Penn State Case Presses Others to Tighten Abuse Laws Lawmakers and university officials across the USA are moving quickly to tighten up rules on who must report sexual abuse on campus in the wake of the Penn State scandal.
Reuters – State College, Pennsylvania – November 13, 2011 - A Long History in Penn State Child Abuse Case It will not be so easy to wipe out the stain on Penn State's reputation from the alleged abuse and what critics see as a cover-up by university officials who were told that Sandusky was seen raping a young boy in a shower in 2002. The case has drawn comparisons to the child abuse scandals that rocked the Catholic Church, whose top officials are also accused of covering up child abuse over decades.
Forbes – State College, Pennsylvania – November 11, 2011 - Conrad Murray, Penn State and Why the Powerful Enable Evil After Dr. Conrad Murray was found guilty of involuntary manslaughter in the death of Michael Jackson, the blogosphere, rightly, called him an enabler in a long line of celebrity enablers. Allegations that Penn State defensive coordinator Jerry Sandusky raped a pre-teen boy in the college shower seem less shocking than the nauseating cover-up that follows.
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