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The private nonprofit agency running Broward County’s child welfare system seemed on the verge of chaos — FBI agents raided its main office, the state threatened to pull funding and the group’s board fired the chief executive officer. All of those woes engulfed ChildNet within a matter of hours April 13, 2007 — a day dubbed “Black Friday” by some local child welfare advocates.
On Thursday, the same Fort Lauderdale building where FBI agents once draped crime scene tape was the scene of another significant day in ChildNet’s history, this time a happy one. The group’s president signed a $333 million contract with the state Department of Children & Families to continue managing Broward foster care for the next five years.
Howard Talenfeld, president of the advocacy group Florida’s Children First, commended current ChildNet President and CEO Emilio Benitez’s efforts in improving child welfare services, but said he’s still seeing a disturbing trend of children who after entering the ChildNet system are placed in situations where they are abused again.
In addition, it would have been unusual for another company to be chosen to take over ChildNet’s contract, Talenfeld said.
“The nature of the system is structured in such a way that it’s virtually impossible for a new agency to come in and compete with the holder of an existing contract,” he said.
For far too long, Florida foster children haved needed their own voice and legal counsel in their own dependency case and now before other state and local agencies that make critical decisions that critically affect their lives.
Representation should be of primary concern. Currently, only 60-80% of children in the dependency system are represented by the GAL program – and very few by attorneys. Quality representation of each child in foster care, before School Boards, Agency for Persons with Disabilities, and the Agency for Healthcare Administration, to name a few agencies, may be the single most important step we can take to positively impact the lives of foster children.
This year, Jesse Diner, President-Elect of the Florida Bar, has placed among his highest priorities taking the recommendations of the 2002 Commission on the Legal Needs of Children and introducing legislation to create a Statewide Office of the Children’s Advocate.
My appointment this May to chair the Florida Bar Association’s Legal Needs of Children Committee is part of that goal. Our committee will help write legislative language and seek passage of laws and regulations critical to fulfilling the state’s mandate to serve the best interests of the children in its care. (more…)
It wasn’t that long ago when the Florida Department of Children & Families was seen as a hapless bureaucracy. Whether it was their seeking to incarcerate an 8-year-old to ensure he received proper care, or simply losing youngsters supposedly under its care, it didn’t take much for DCF to make a mockery of its role in child welfare.
The good news is that DCF is no longer that troubled agency. Unfortunately, many of those problems that once bedeviled DCF now belong to those local nonprofits and government agencies that are under contract with the state to provide foster care and other child protective services. Thank community-based care for that. (more…)
The April 16 suicide death of 7-year-old Gabriel Myers, a foster child in the custody and care of the Florida Department of Children and Families, shocks the conscience. Gabriel apparently hung himself with the shower hose in the bathroom of his foster home in Margate.
The victim of sexual abuse, as well as other abuse and neglect that resulted in him being removed from his family and placed in foster care, Gabriel had been prescribed a variety of mind-altering psychotropic medications while in foster care to deal with the myriad behavioral problems he was experiencing, no doubt largely the result of the abuse he had suffered. Reports are that he was on three or four different drugs, or combinations thereof, at the time of his death.
What is almost as shocking to the conscience as a 7-year-old wanting to, knowing how to and actually committing suicide, is that a 7-year-old would be on not just one, but multiple psychotropic medications. Most such drugs have never been tested for pediatric use, and have not been FDA-approved for such use. Their prescription and use with kids is generally “off label,” meaning there are no approved instructions or guidelines for such use. (more…)
George H. Sheldon is Secretary of the Florida Department of Children and Families. This column originally appeared in the South Florida Sun-Sentinel.
It is time to recognize the thousands of Florida foster parents who open their hearts and their homes to children in need of a safe, loving and nurturing environment, and who — when the time is right — can let them go again.
Foster parents have the ability to love a child as their own, regardless of whether the child lives with them for a month or a year. They have the challenging task of providing an environment that helps a child heal and prepare to go back home, if possible, or to a new permanent home. Foster parents are a vital resource for these children as they wait between a painful past and an uncertain future. (more…)
Waiting for a permanent home for weeks or months may feel like an eternity to a Florida child in foster care.
It is especially frustrating when a grandmother, aunt or other relative living out of state is ready and willing to provide a home for a boy or girl removed from a family because of abuse or neglect.
The Florida Department of Children and Families’ (DCF) response has been to implement a fully electronic database to facilitate the transfer of dependent children outside of Florida.
Once the Department committed itself last year to speeding up out-of-state transfer of a child by using electronic records, DCF has significantly reduced the time it takes to exchange required information about the child with the appropriate state. Florida is the leader among the states in its use of electronic records for what is known as the Interstate Compact on the Placement of Children (ICPC).
The price-tag on converting to electronic records was $3,000, and about $100,000 a year is being saved on postage. (more…)
Psychotropic medications used without appropriate consent of parents and guardians has hit near epidemic proportions in the Florida foster care and group home setting. The public first realized this with the suicide of Gabriel Myers, 7, and weeks later, with a wrongful death lawsuit filed following the overdose of Denis Martez, 12.
The situation needs improved oversight — and the practice must stop.
In the following letter to Jim DeBeaugrine, Director of the Florida Agency for Persons with Disabilities, attorneys Howard Talenfeld and Maria Elena Abate, partners with the Fort Lauderdale law firm Colodny, Fass, Talenfeld, Karlinsky & Abate, P.A., call for Mr. DeBeaugrine to survey all licensed group homes working with his Agency as a first step in curtailing such use.
June 4, 2009
Jim DeBeaugrine, Director
Florida Agency for Persons with Disabilities
Tallahassee, FL 32399
Re: Death of Dennis Maltez–Investigation of Psychotropic Drug Use in Group Homes
Dear Director DeBeaugrine,
As attorneys for the estate of Denis Maltez, and long-time advocates for the rights of society’s most vulnerable citizens, we are very concerned about the role psychotropic drugs played in his death from serotonin syndrome. I know that you are quite familiar with this case as your agency took emergency action and suspended the license of Rainbow Ranches, in part because of the inappropriate use of such drugs. (more…)
Child advocate attorney Howard Talenfeld greets Florida Gov. Charlie Crist at the historic signing ceremony.
Florida’s foster children have a friend in Governor Charlie Crist.
With child advocate lawyers and other activists looking on, the governor in May signed legislation designed to help foster children statewide.
At a signing ceremony at the Children’s Services Council in Fort Lauderdale, Crist signed into law bills to help grant foster kids access to records for medical and educational needs.
The legislation benefits children in foster care as well as young people leaving foster care. The move “provides children in foster care better access to their own personal records often needed for medical and educational purposes. Senate Bill 1128 ensures that disabled homeless children and children in foster care receive appropriate educational services,” wrote Foster News Folly.
The bills can be credited, in part, to members of Florida Youth Shine, a statewide advocacy group that specializes in foster care and child welfare issues. “You’re great advocates, you truly are,” Crist said.
The Florida Department of Children and Families Work Group issued its report on the role psychotropic medications played in the April suicide of Gabriel Myers – and the results were stark and unacceptable.
In the report issued this week, the DCF reported that 2,669 of Florida’s 20,235 foster children under the age of 17 were given one or more psychotropic drugs – with one in six, or about 16 percent, lacking required permissions. Some 73 kids 5 or younger are on the drugs.
Most shocking: Florida passed a law in 2005 requiring parental consent or a judge’s approval before administering psychotropic drugs.
Why is this important? These powerful psychological and mood-altering medications are used to control children’s behavior often in lieu of appropriate behavioral interventions. Many are often prescribed even though there is no FDA approval and there are significant side effects, including depression that could lead to suicide. Thus, they must be administered in appropriate situations where behavioral interventions have been exhausted, with a court order and under the close supervision of prescribing physicians well versed with the individual child’s health and care regimen. (more…)
- 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.
- 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.
