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Howard Talenfeld, Esq.

h_talenfeld Howard M. Talenfeld is a shareholder in the law firm Colodny, Fass, Talenfeld, Karlinsky & Abate, P.A., and focuses his practice on protecting the rights of vulnerable individuals in civil rights cases, personal injury cases and systemic reform litigation.

The sibling of a special-needs child, Mr. Talenfeld discovered early on the concerns such individuals — and their families — confront in trying to assure appropriate care is provided by healthcare and government / social services organizations.

Mr. Talenfeld has earned a reputation as a thoughtful and skilled practitioner in the areas of children’s, elderly and disabled rights — accolades he believes to be among his greatest personal accomplishments. In 1996, he was appointed to the Board of Directors of the Youth Law Center, a national children’s advocacy group. He helped the organization develop into a viable entity that assist at-risk youth and teens. Continuing that path, he began an effort to coordinate a statewide organization of child advocates who would help Florida’s at-risk children. In 2002, he became the founding President of Florida’s Children First! (FCF). Comprised of advocates from throughout the state of Florida, FCF works through multi-forum advocacy before the executive branch, the Florida Legislature and the Florida Courts to protect children who are at risk in foster care and in the delinquency system in Florida. Mr. Talenfeld was instrumental in the passage of landmark legislation in Florida, including the Foster Children Bill of Rights, Florida’s pilot project on representation of foster children in Dependency Court, and Florida’s breakthrough interagency education bill for foster children.

Mr. Talenfeld has litigated cases that have resulted in multi-million dollar settlements and jury verdicts that changed how governmental and private institutions care for children and the elderly. Mr. Talenfeld is also experienced in litigating complex commercial and class action cases in state and federal courts.

In the late ‘80s and early ‘90s, Mr. Talenfeld represented the state of Florida in its major class-action law suits dealing with the foster care system, children’s mental health system, juvenile justice system, state psychiatric hospitals and the provision of Medicaid services to the developmentally disabled, among others. Nationally, he pioneered defending these cases by advocating for the improvement and reform of human service systems, while protecting states’ rights and avoiding federal over-sight. He has represented governors, secretaries of state, state agencies, Florida’s Insurance Commissioner, the Florida Legislature and Florida’s Auditor General in civil rights cases in federal and state court.

Mr. Talenfeld’s litigation successes have utilized creative legal approaches to achieve extraordinary results. In 1998, he served as lead counsel in the Broward County foster care class action, Ward v. Kearney. The resulting settlement agreement greatly improved child welfare practice and more than tripled the District 10 budget for its child welfare system from $38 million to more than $100 million. In 1999, he achieved another major victory, this time for the Florida’s developmentally disabled population in Baumstein v. Sunrise Community, Inc. 738 So. 2d 420, (Fla. 3DCA 1999). The case established the existence of a private cause of action for damages for the violation of Florida’s Bill of Rights for the developmentally disabled. He also was the first attorney in Florida to utilize 42 USC § 1983, the federal civil rights damage statute, to recover a damage award in excess of Florida’s sovereign immunity limit of $100,000 on behalf of a foster child. In the 2002 case, Roe v. Florida Department of Children & Family Services, 176 F. Supp. 2d 1310 (S.D. Fla. 2001), Mr. Talenfeld negotiated a landmark $5 million settlement and focused the nation’s attention on the case in an episode of ABC’s 20/20.

Beyond his courtroom successes, Mr. Talenfeld has been a forceful advocate for change. He has argued for systemic reform litigation before many state and national groups, including the U.S. Congress, the National Association of State Mental Health Lawyers, the American Public Welfare Association and many Florida legislative committees.

Mr. Talenfeld is a member of the American Bar Association, the Association of Trial Lawyers of America, the National Association of Council for Children and a representative for the State of Florida to the National Association of Mental Health Attorneys. He previously chaired the Litigation/Class Action Committee (1993) and is a member of the American Public Welfare Association. Mr. Talenfeld has received numerous awards, including the Florida Bar President’s 2006 Pro Bono Service Award for the 17th Judicial Circuit in and for Broward County, Florida. He currently is AV-rated by Martindale-Hubbell.

Mr. Talenfeld received his bachelors of business administration degree from University of Miami School of Business, and his Juris Doctorate from University of Miami School of Law, cum laude.

Education

· University of Miami, J.D. 1979, cum laude
· University of Miami, B.S. 1974

Professional Associations and Memberships

· Florida Bar Association, admitted 1980
· American Bar Association
· Florida State and Appellate courts
· United States Supreme Court
· United States District Court of Appeals/ 1st, 5th and 11th Circuits
· United States District Court for the Southern and Middle Districts of Florida
· Association of Trial Lawyers of America
· National Association of Council for Children
· Representative for the State of Florida to the National Association of State Mental Health Lawyers and the American Public Welfare Association

Civic and Community Involvement

· Florida’s Children First! President (2002 until present)
· Broward Days, Chair Children Issues Team (2000 to present)
· Broward Days Steering Committee Chair (2000-2006)
· Citizens for Broward’s Children Steering Committee member (2000)
· Florida’s Voice of the Mental Retarded, Director (2002-present)
· City of Parkland Planning Zoning Board, Member (1990-96) and Chairman (1996 to 2007)
· Former Director with the Youth Law Center, San Francisco, CA
· Former President and Director of the Cypress Head Club, Inc.
· Former Temple Kol Tikvah Board of Trustees member and Campaign Committee Chair
· Former Board member of Hurricane Relief for Miami Foster Kids, Inc.
· Former Big Brother
· Former sports team coach, including soccer, baseball and softball

Special Recognition

· AV rated by Martindale-Hubbell
· South Florida Business Journal’s Let’s Do Something Giant Award Recipient, Legal Category (2008)
· Florida Trend’s Legal Elite (2004, 2006)
· President’s Pro Bono Service Award for the 17th Judicial Circuit (2006)
· March of Dimes Award (2007)
· Daily Business Review, Most Effective Lawyer recognition (2006)
· Russell Carlisle Award from Legal Aid Service of Broward County 2004 for outstanding contributions to social justice in Broward County
· Kathleen Wright Award for a professional who has improved the quality of life for children in Florida, Family Central (March 2002)
· Medallion Recipient (2002)
· “Making a Difference” Award, Justice for Children and Families (April 27, 2002)
· Blue Ribbon Hero Award for Guardian ad Litem Pro Bono Attorney (2001-2)
· Outstanding Citizen of the Year, Broward Committee for Prevention of Child Abuse (April 2000)
· Super Lawyer (2006, 2007, 2008)

Speaking Engagements & Presentations:

· Presentation to Palm Beach County Guardian ad Litem Office, “The Federal Rights of Dependent Youth,” Palm Beach County, May 9, 2008

· Florida’s Children First, “Improving Outcomes for Older Youth,” Fort Lauderdale, Florida, Feb. 14, 2008

· Presentation on Children’s Mental Health Issues to Judge Steven Leifman, Special Advisor to the Florida Supreme Court, May 22, 2007

· Presentation for Florida Coalition for Children on Avoiding Legal Risk Management within Case Management, November 4, 2004

· Presentations for Florida’s Children First on the Hidden Federal Powers of the Florida Juvenile Dependency Court Judge in Jacksonville, Tampa, Fort Lauderdale & Naples, 2004

· Testimony before the United States House of Representatives Subcommittee on Human Resources, Hearing on Child Protection Programs in Florida, December 14, 1998

· Presentation before New York State (NYS) ARC, Inc., Presentation discussing issues relating to waiting lists for residential services for persons with mental retardation and developmental disabilities in Florida, Albany, New York, August 1, 1998

· Annual Education Meeting of the Florida Conference of Circuit Judges With Florida’s Federal Trial Judges and the Judges of the Eleventh Circuit Court of Appeals, “The Hidden Powers of the Juvenile Court Judge to Protect the Rights of Children,” Jacksonville, Florida, November 30-December 3, 1997

· Florida State Guardianship Association, Inc., 9th Annual Conference, “Abuse and Neglect–What Every Guardian Should Know,” Dania, Florida, September 20-21, 1996

· National Association of State Mental Health Attorneys – 13th Annual Conference and Annual Conference of Interstate Compact Coordinators on Mental Health, “Institutional Reform Litigation and Mental Health: The Impact of Federal Supervision on Mental Health Systems through Section 1983 Litigation,” San Antonio, Texas, October 24-27, 1993

· University of South Florida, Department of Law and Mental Health, The Florida Mental Health Institute, “Violence and its Challenge to the Juvenile Justice System: Implications for Advocacy Programs and Research – Advocacy Strategies: A Systems Approach,” Tampa, Florida, June 16, 1993

· HRS District Legal Counsel Workshop, “Federal Court Update and Status of Section 1983 Liability,” Tallahassee, Florida , May 6-7, 1993

· HRS District Legal Counsel Workshop, “Federal Court Update and Status of Section 1983 Liability,” Wakulla Springs, Florida, October 29-30,1992

· National Association of State Mental Health Attorneys – 12th Annual Conference and Annual Conference of Interstate Compact Coordinators on Mental Health, “Defenses Unique to State Entities and Officials in State and Federal Courts and Class Action Suits,” Portland, Oregon, September 19-23, 1992

· Testimony before the United States Senate Finance Subcommittee on Social Security and Family Policy, Impact of the Suter Amendment, Washington, D.C., September 17, 1992

· Florida Council for Community Mental Health – 1992 Annual Conference, “In Stride with Change – Shaping the Future: Court Mandates and ADM’s Service Delivery System,” Daytona Beach, Florida, September 16, 1992

· Fourth Annual ACLU of Florida Lawyers Conference, Presentation on Children’s Rights and Parent’s Rights, Key West, Florida, August 21-22, 1992

· University of Miami Law School – Mental Health Law, Presentation on the Defendants’ View of Mental Health Litigation, Miami, Florida, March 3, 1992

· National Association of State Mental Health Attorneys, Presentation of Section 1983, “Strategies for Defending Class Action Claims for Injunctive Relief,” Orlando, Florida, October 15, 1991

· American Association of Public Welfare, Presentation regarding Florida’s experience in defending child welfare litigation at the state and local level, Washington, D.C., July 23, 1991

· The Center for the Study of Youth Policy, Nova University, Shepard Broad Law Center, Presentation on The Broward Detention Initiative, its impact on detention practices, population and the Juvenile Justice Reform Act of 1990 symposium, Fort Lauderdale, Florida, June 27, 1991

· HRS District Legal Counsel Seminar, Presentation to all District Legal Counsel on utilization of Extraordinary Writs, Tallahassee, Florida, May 23, 1991

· National Association of State Mental Health Program Directors, Zinermon v. Burch Presentation, Kansas City, Missouri, November 1990

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    - The Miami Herald / Tallahassee, Florida – May 11, 2010 - Governor Signs Bill to Lift Limits on Sex Cases Florida's governor has signed a bill eliminating all time limits for filing criminal or civil action alleging sexual abuse of children. Gov. Charlie Crist signed the bill (HB 525) on Tuesday. It lifts statutes of limitations for pursuing criminal or civil sexual abuse cases in which victims are younger than 16 at the time of the abuse.

    - The Miami Herald / Miami, Florida – April 18, 2010 - Red Flags Overlooked in Prescription Drug Death of 12-Year-Old The prescription-drug death of 12-year-old Denis Maltez raises troubling questions about the state's safety net for disabled kids. The Miami-Dade Medical Examiner's Office attributed the death to a life-threatening side effect of over-medication. Attorney Howard Talenfeld urged healthcare and disability administrators in a letter to better protect disabled children, ``who are powerless to protect themselves from being unnecessarily drugged for the convenience of staff. . . . Without proper oversight and action by your respective state agencies, these individuals will continue to be in harm's way.''

    - The Miami Herald / Miami, Florida – April 17, 2010 - Amendment to Bill Targeting Foster Kids' Medication Draws Fire Critics are questioning an amendment to a bill designed to protect foster children from being inappropriately medicated with mental-health drugs. One of the largest providers of inpatient psychiatric care for Florida foster kids successfully pushed for the amendment that will make it easier for group homes and treatment centers to begin medicating foster children without the consent of a parent or judge. The original legislation was prompted by the 2009 death of a 7-year-old Margate foster child, Gabriel Myers.

    - Miami Herald / Miami, Florida – April 8, 2010 - Incest Case Raises Questions About Child Welfare Policy A case of a man accused of sexually abusing his daughter raises questions about keeping families under one roof. When child welfare investigator Simon Roberts went to the home of a 39-year-old Miami man accused of having sex with his own teenage daughter, he found the man locked in a bedroom with the girl -- both of them undressed.

    - Cape Coral Daily Breeze / Cape Coral, Florida – April 3, 2010 - Child Welfare Agency Seeks Additional Funding Officials from the Children's Network of Southwest Florida are lobbying to increase funding for foster children living in the five counties of District 8. Children served by the Children's Network receive the lowest funding out of all 20 districts, an amount that is 32 percent below the state average of per child allocations.

    - CBS News / Fort Lauderdale, Florida – March 17, 2010 - After 7-Year-Old Gabriel Myers' Suicide, Fla. Bill Looks to Tighten Access to Psychiatric DrugsFORT LAUDERDALE, Fla. (CBS/WFOR) The apparent suicide of 7-year-old boy Gabriel Myers, who was taking several psychiatric medications, has led to the introduction of a bill in the Florida legislature, which would assure that powerful mental health drugs dispensed to Florida foster care children would be more closely monitored..

    - St. Petersburg Times / Tampa Bay, FL – February 27, 2010 - Lawsuit Alleges DCF and YMCA Sent Girl into Sexually Abusive Situation The first time the Florida woman took her adoptive daughter to the dentist, an assistant asked if the girl had been sexually assaulted. "She just asked that because of how she reacted toward him,'' the girl's mother said. The abuse, which occurred when the girl was 7 years old and in foster care, could have been prevented and should have been recognized sooner, according to a suit filed in Pinellas-Pasco Circuit Court that accuses the Department of Children and Families and the Sarasota YMCA of negligence and oversight failures — allegations that the DCF flatly denies. Attorney Howard Talenfeld says the girl should have never been in the Oldsmar home of Brian and Antonia Starmer, who are also named in the suit.

    - The Miami Herald / Miami, FL – February 21, 2010 - Our Kids: Florida Foster Care System Has Improved The incredible story of how Rachelle Louis-Jeune managed to rescue her family in Haiti was heartwarming and inspirational. Sadly, her story of bouncing and drifting through 23 foster homes in four years was unacceptably common during that era (1998-2002). It is important for readers to know that Florida's foster-care system was transformed after the transition to foster care and adoption services provided by private not-for-profits in a system called community-based care. Florida ranks third in the nation in the rate of children killed by child abuse and negligence, according to a report released Tuesday by non-profit child advocacy and lobbying group Every Child Matters.

    - The Miami Herald / Miami, FL – February 21, 2010 - Give Florida Kids a Voice in the System by Howard Talenfeld The most significant way Florida can improve the lives of at-risk children is to provide each of them with legal representation, something currently missing from our judicial system. This spring, Florida lawmakers are expected to take up consensus legislation crafted by the Florida Bar and Florida's Children First that provides attorneys to children with critical needs and to protect the rights of all children in dependency proceedings.

    - Sun-Sentinel / Fort Lauderdale, FL – February 21, 2010 - Florida DCF Employee Sentenced for Theft from ‘Vulnerable Citizens’ A former Florida Department of Children & Families employee who stole nearly $35,000 by creating dummy accounts for cash and food stamp benefits will spend five years in prison, a Broward County judge has ordered. In a prepared statement, a circuit administrator for DCF condemned Charles for stealing from "Florida's most vulnerable citizens."

    - The Daily News / Philadelphia, PA – February 16, 2010 - Ronnie Polaneczky: Florida High-Tech System Shows Promise in Tracking Children Over the past two years, Florida's Department of Children and Families has been phasing in a child-tracking program so brilliant, you gotta wonder why no one came up with it sooner: Caseworkers document each visit to a kid in DCF care by snapping a cell-phone photo of the child. The technology in these special phones not only stamps the picture with the visit's time and date but also uses GPS technology to pinpoint the place where the picture was taken.

    - The News-Press / Fort Myers, FL – February 16, 2010 - ‘Night on the Town' in Fort Myers to Benefit Foster Children Florida Repertory Theatre, Foster Care Advisory Services, and Vino de Notte restaurant are presenting "Night on the Town" Tuesday, Feb. 23 to benefit abused and neglected children in Southwest Florida. Foster Care Advisory Services has worked to fill the needs of those children since 1984.

    - The Tampa Tribune / New Port Richie, FL – February 10, 2010 - DCF to Pay $250000 in Case of Slain Pasco Child The Florida Department of Children & Families has agreed to pay settlements totaling $250,000 in the case of a 2-month-old girl who died after she was improperly placed in her biological father's care. Pasco Circuit Judge Walter Schafer approved the settlements during a hearing today.

    - Palm Beach Post / Palm Beach, FL – February 10, 2010 - Broward Nurse a Lifesaver for Haiti Victims Sent to South Florida DELRAY BEACH — Miraine Lamour was pulled from the ruins of what had been a third-floor classroom at Institut Louis Pasteur in Port-au-Prince five hours after the Haiti earthquake. Her leg was broken; her pelvis crushed. She couldn't move her legs. Lamour doesn't recall seeing a doctor for days until she wound up on the Navy medical ship Comfort.

    - ABC Action News / Tampa, FL – February 9, 2010 - Does Your Child’s Day Care Stack Up? AMPA, FL -- We trust them to care for our children, but how do you know if the daycare center you or someone in your family sends their kids to has a history of potentially dangerous violations and fines? An ABC Action News investigation has discovered that scores of daycare centers have been cited just in the last year.

    - First Coast News / Clearwater, FL – February 8, 2010 - Crist Touts State's Adoption Record More children are moving from foster care into adoptive homes than ever before, and today the governor praised the efforts that have made that possible. In 2009, there were a record 3,777 adoptions statewide, breaking the previous record set the year before. At the same time, Florida's foster care system is responsible for a third fewer children than just two years ago, totaling 19,797 as of July.

    - The Independent Florida Alligator / Gainesville, FL – February 2, 2010 - Haitian Orphans Get Help in Florida In response to Haiti’s earthquake, Florida is preparing foster homes to take in Haitian orphans by waiving homes’ occupancy limitations. In the aftermath of Port-au-Prince’s collapse, various organizations are working to get orphaned children out of Haiti and into a more stable environment. “Everyone here is sleeping in the dirt,” said Kyle Shropshire, an aid worker at an orphanage in Bon Repos, Haiti. “This is no place for a child.”

    - Florida Times-Union / Jacksonville, FL – January 22, 2010 - Jacksonville Foster Care Advocates Honored Nationally A 27-year-old man who spent his boyhood in Jacksonville's foster-care system and a child-abuse investigator who spent her career serving it have been nationally recognized for their dedication to making improvements to how it works. Former foster child Mike Dunlavy and foster parent and Florida Department of Children and Families child abuse investigator Joyce Andrews received Ruth Massinga Awards from the Casey Family Programs. Nancy Dreicer, DCF director for Northeast Florida, said the recognition is a "significant national recognition of the positive changes that we've made in foster care in Jacksonville."

    - NewsJournal Online / Volusia County, FL, January 19, 2010 - Locals, DCF Reach Out to Help Victims of Haiti Earthquake Local workers for the state Department of Children & Families are assisting in the Haiti earthquake relief effort, including receiving American citizens, many Haitian-Americans, who are arriving at Sanford and Orlando International airports from Haiti. Reggie Williams, DCF administrator in Daytona Beach, said staff members were at the airports Sunday and Monday. Workers are taking shifts, along with DCF staff from the Orlando area, to provide assistance to families, including mental health, temporary cash assistance and housing.

    - Capital News Service / Tallahassee, FL, January 19, 2010 - State Helps Haitian Orphans, Doesn’t Expect Refugees Florida is opening its ports to expatriates and orphans and is prepared to send refugees back to Haiti. More than 5,000 U.S. citizens caught in last Tuesday’s earthquake have returned to the States. “They haven’t slept in days. They are hungry, so the food banks have stepped up. The Red Cross is offering meals as they arrive,” said Florida Department of Children and Families Secretary George Sheldon.

    - The Miami Herald / Miami, FL – January 18, 2010 - Schools, Shelters Get Ready – Just in Case With the devastation in Haiti, South Florida is preparing once again to play a role assisting a troubled country. Though there is no sign of an exodus of Haitians heading to U.S. shores, governments and social service agencies are preparing for the possibility.

    - The Miami Herald / Miami, FL – January 17, 2010 - How a South Florida Foster Care Tragedy Led to Reform Florida child welfare administrators had seen children in their care get raped, tortured, strangled, starved. But never before Rilya Wilson had a foster child simply vanished. Social workers across the nation still study the case as a cautionary tale for what not to do in child protection. But if Rilya's name has become synonymous with scandal, children's advocates and Department of Children & Families leaders say, it also has become a touchstone of reform.

    - E! Online – January 12, 20101 - Tiger Woods has one person sticking up for him. A Florida lawmaker is demanding the state's Department of Children and Families investigate whether someone filed a false report alleging child abuse against the disgraced golfing great and his wife, Elin Nordegren, after news broke about his sex scandal.

    - The Florida Times Union / Jacksonville, FL – January 12, 20101 - Four Cheers: Foster Care Leaders One of the proudest achievements in Northeast Florida is the fact that this area leads the state in adoptions from foster care. The success in the Jacksonville area has been a major reason why Florida leads the nation in this statistic.

    - News-Journal Online, Daytona Beach, FL / January 10, 2010 - Child's Suicide Raises Medication Questions The April 2009 death of a South Florida 7-year-old foster child, Gabriel Myers -- who was prescribed several mind-altering drugs and hanged himself in his foster home -- sparked a statewide review in November that will result in new rules and legislation in the coming months for children under foster care. "We must do better for our children," said Alan Abramowitz, former local DCF administrator and state director of the DCF Family Safety Program Office. "Medication is not the cure-all."

    - TC Palm / Treasure Coast, FL – January 5, 2010 - Editorial: DCF Must Continue to Improve its Abuse Hotline Procedures cap:In a troubling account, the Miami Herald reported that thousands of calls to Florida’s statewide abuse hotline were screened out and not referred for investigation. Among them were calls claiming kidnapping, rape, aggravated child abuse and medical neglect, some of them coming from schools, judges and day-care workers.

    - WCTV-TV / Tallahassee, FL – January 4, 2010 - Task Force to Stop Child on Child Sexual Abuse Child on child sexual abuse touches and troubles the lives of thousands of children each year and the state of Florida is launching a new effort to stop it. The Florida Department of Children and Families identified more than 8300 children as either alleged perpetrators or victims of child on child abuse from 2008 to 2009.

    - Associated Press / Miami, FL – December 3, 2009 - DCF to Strengthen Response to Hotline Calls Florida social service administrators will strengthen their response to calls for help to the state's abuse hot line after a newspaper reported that thousands of calls each month are being "screened out" and not forwarded for investigation.

    The Florida Bar News / Tallahassee, FL – December 1, 2009 - Panel Says Kids Have a Right to an Attorney Legal Needs of Children Committee supports legislation to provide children in dependency court with lawyer. “When the state takes a child out of their home and into state custody, it seems to me that every single child that is the main focus of such a process is entitled to a lawyer to represent their rights against the state,” Rosemary Barkett, U.S. 11th Circuit Court of Appeals judge, told members of The Florida Bar Legal Needs of Children Committee. “A clear signal came through loud and clear that the overwhelming consensus of this committee is that children in a dependency courtroom need lawyers,” said Howard Talenfeld, chair of the Legal Needs of Children Committee, shortly after the conference call.