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Archive for the ‘Abuse’ Category

War Against Child Abuse, Deaths an Up, Down Battle in Florida, Counties

January 17th, 2012   No Comments   Abuse, Department of Children & Families (DCF)

Depending on where in Florida you are, child abuse deaths rose – and declined – in 2010. Deaths were down statewide, but up in Palm Beach County over the past two years. Florida Department of Children and Families officials, advocates and child welfare attorneys are watching the numbers closely.

Abuse or neglect that led to child deaths in Palm Beach County hit 14 in 2010, up from 10 the year prior, according to data from a State Child Abuse Death Review Committee report, as reported by the Palm Beach Post. In 2008, nine children died from child abuse or neglect in Palm Beach County.

As written previously in this blog, the death of any child in state care — whether DCF, a foster household, an adoptive home or while under the guidance of a community based care organization charged with ensuring the child’s welfare — is one too many. We must work harder to ensure oversight is improved and children get the care they need to survive and thrive.

Read the entire article here.

NYTimes: $68 Million Damages Settlement Proposed in Florida, NY Adoption Abuse Case

December 30th, 2011   No Comments   Abuse, Adoption, Court Cases

A damage award settlement is being discussed in a case that’s shaken the Florida and New York social services arena for foster, adoptive and disabled children.

In “one of the most disturbing child welfare fraud cases in New York City in recent years,” Judith Leekin “used four aliases to adopt the children, who had physical or developmental disabilities, including autism and retardation, and later moved them to Florida. The children were caged, restrained with plastic ties and handcuffs, beaten with sticks and hangers, and kept out of school, according to court papers. An 11th child disappeared while in Ms. Leekin’s care and is presumed dead,” according to the New York Times.

Florida children’s rights attorney Howard Talenfeld is handling the case.

Hollywood Director Tyler Perry to Alleged Penn State Sex Abuse Victim: ‘You’re a Survivor’

December 14th, 2011   No Comments   Abuse, News & Events

From South Florida to State College to around the world, child advocates and others have been transfixed and disgusted by allegations of sexual abuse against Penn State assistant coach Jerry Sandusky. One such person is Hollywood’s Tyler Perry, who recently wrote a letter in Newsweek magazine to a young boy involved in the scandal. In his letter, Perry revealed his own story, and told the boy he isn’t a victim – but a survivor. Read Perry’s letter here.

Tyler Perry

In response, a therapist from Minnesota wrote a letter of thanks to Perry. In the letter, the therapist wrote, “…As a therapist, I’ve seen shame and self-blame experienced by abuse victims who become survivors by acknowledging the abuse. Such disclosures are momentous acts of bravery and the first step in healing. I hope Perry’s words encourage more people to disclose their abuse and help decrease the stigmatization of survivors.”

Penn State Sex Abuse Claims Highlight Need for ‘Moral’ and Legal Obligations to Report Crimes

November 16th, 2011   No Comments   Abuse

When graduate assistant Mike McQueary told Penn State head coach Joe Paterno about the alleged sexual child abuse he said took place by assistant coach Jerry Sandusky on a minor in the school’s showers, some believe he adhered to his legal responsibility. But legal scholars, children’s rights attorneys and lawmakers wonder: Did he rise to his moral responsibility to see his allegations through?

According to USAToday, “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…A key issue likely to be debated in state legislatures is whether reports should go straight to police, and whether new laws are needed to shore up vague guidelines and polices about child safety on campus.”

Read the entire story here.

News: Florida DCF Lets Childcare Facilities Leave Complaints Behind

November 15th, 2011   No Comments   Abuse, Investigations

When a Brandenton childcare facility was cited numerous times for various violations in a single year, the owner moved sites – and left record of some 57 complaints behind, according to ABC Action News in Tampa. The move is completely legal, according to the Florida Department of Children and Families.

As parents, guardians and advocacy attorneys concerned with the safety of children, having information about caregiver licensing, security background checks or facility maintenance and upkeep is vital to avoiding personal injury, dangerous situations or potential abuse or harm. Yet, according to the news investigation, “Since DCF licenses the location and not the person who owns or operates the daycare, erasing complaints made against you is as easy as moving.” Read the entire story here.

Penn State Child Sex Case Reveals Lost Chances to Stop Abuse, Need for State Law to Report Abuse

November 14th, 2011   No Comments   Abuse

Outside observers, child advocates and attorneys following the Penn State University alleged child sexual abuse case of assistant coach Jerry Sandusky already see a pattern unfolding: adults keeping quiet and engaging in cover-up, children affected by a horrible personal injury growing in number, and a community left to wonder how this could happen. From Fort Lauderdale, Florida, to State College to around the nation, “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,” notes one paper.

The case also will bring to light the fact that, even though adults knew a child predator was afoot, no Pennsylvania law requires anyone alert the police. Florida has such a law. Sadly, in retrospect, Pennsylvania lawmakers might take this matter up during their next session.

That remains to be seen. In the meantime, the multi-point focus should be on helping the victims find the help they need, bringing all those involved to justice, and implementing safeguards and systems that help protect our most vulnerable citizens.

Deaths of 8 Hillsborough Kids Raises Concerns About Privatization and DCF Oversight of Community Based Care Businesses

October 10th, 2011   No Comments   Abuse, Department of Children & Families (DCF), News & Events, Privatization

Eight kids dead in two years – kids who should have been protected while under the supervision of community based care provider, Hillsborough Kids Inc. The headlines out of Tampa Bay have shocked and sickened foster child advocates, attorneys and guardians concerned about the care kids receive across the state. The deaths in Tampa Bay – and others across the state have suffered serious personal injury while under the watch of similar organizations – could be a defining moment for privatization.

Read the entire story here.

Florida Foster Children’s Civil Rights Damage Award Case Used as Precedent in South Carolina Litigation

October 7th, 2011   No Comments   Abuse, Court Cases

The significant civil rights case argued by lead counsel Howard Talenfeld, partner with Colodny, Fass, Talenfeld, Karlinsky & Abate, P.A., recently was persuasive in the 4th Circuit Court of South Carolina’s decision to change its prior decisions regarding social worker qualified immunity and substantive due process rights of foster children in Doe v. South Carolina Department of Social Services [597 F.3d 163 (4th Cir. 2010)].

In the original case, H.A.L. v. Foltz, No. 07-15791 (11th Cir. 12/15/2008) (11th Cir., 2008), the 11th Circuit Court in Atlanta let stand an action brought by three young boys sexually abused by two older boys in the same Florida foster home. The court agreed in this significant civil rights case that the state had violated the children’s Fourteenth Amendment substantive due process rights to physical safety and to be free from an unreasonable risk of harm. Talenfeld won for his clients a settlement of $2.925 million – and a change in how the state must treat foster children.

Read the brief here.

Following Barahona, Other Abuse Incidents, Higher Stakes Require Higher Pay at Florida Department of Children and Families

October 3rd, 2011   No Comments   Abuse, Court Cases, Department of Children & Families (DCF)

Following the torture and death of Nubia Barahona, and the serious personal injury to her twin brother, Victor, the Florida Department of Children and Families should realize that high stakes involved in these cases mean “it’s high time that DCF put a higher priority on the people who make life-and-death decisions for the state’s most vulnerable citizens,” writes the Orlando Sentinel.

The stakes are high, and state legislators are realizing this. In September, they heard from – and had strong words for – new Department of Children and Families Secretary David Wilkins for what an independent panel called “fatal ineptitude” in the Barahona abuse and death case.

With higher pay to those investigators tasked with keeping tabs on foster children might come better oversight. Read the entire story here.

Florida DCF Hires 100 Investigators in Move to Prevent Foster, Adopted Child Deaths, Personal Injury

September 21st, 2011   No Comments   Abuse, Court Cases, News & Events, Personal Injury

The Florida Department of Children and Families has hired 100 additional child investigators following the death this spring of Nubia Barahona, 10, and the critical, personal injury suffered by her twin brother, Victor. DCF administrators hope to reduce child investigator caseloads.

DCF has diverted millions of dollars from other areas to boost recruitment and training of child protective investigators. Secretary David Wilkins, speaking to legislative committees Tuesday, said his department has “reduced child investigator caseloads by 30 percent and plans to reduce them by another 30 percent,” notes WTVY.

“DCF is asking permission to redirect $35 million to revamp
technology and overhaul the abuse hotline,” the media outlet reported. “The Legislature provided $5 million last year to begin the process.”

Emotions Grow as Florida Senate Seeks to Curb Death, Personal Injury to Adopted, Foster Children

September 20th, 2011   No Comments   Abuse, Court Cases

In the wake of the death of adopted child, Nubia Barahona, and the critical, personal injury suffered by her twin brother, Victor, emotions rose among senators as they questioned why signs of danger were ignored. Florida Department of Children and Families Secretary David Wilkins said “breakdowns between investigators and supervisors kept the state from doing more to save” Nubia’s life, according to Capitol News. Jorge and Carmen Barahona, Nubia’s foster parents, were arrested for her death in February.

Wilkins says the department is open to any changes that would make Florida’s foster care system safer. Child advocacy attorneys and guardians statewide support changes that would prevent such lapses in the future.

Read the entire story here.

Florida DCF to Seek Budget Boost After Abuse, Death of Nubia Barahona

September 18th, 2011   No Comments   Abuse, Court Cases, Department of Juvenile Justice

The abuse, torture and murder of Nubia Barahona, and the critical injuries and personal injury suffered by her twin brother, Victor, in West Palm Beach in February have the Florida Department of Children and Families seeking budget increases from state lawmakers to bolster child-protective investigations.

Although such action is commendable, the cutting of the budget to eliminate Quality Assurance workers and DCF’s lack of emphasis on the quality of case work is concerning. This reduces department oversight capabilities of their lead agencies and providers.

Nubia Barahona was found decomposing in the bed of her adoptive father’s pick-up truck three days after she’d been killed. Victor was in the passenger seat in critical condition. Both had been bound and brutalized – even as state investigators were outside the family home being misled by their adoptive mother, Carmen Barahona. Now, both Carmen and husband Jorge Barahona face first-degree murder charges.

According to Flagler Live, “A DCF budget proposal submitted this week seeks tens of millions of dollars to add and retain child-protective investigators, improve technology and better coordinate efforts with local law enforcement…The budget documents outline problems with high turnover among investigators, large caseloads and low pay.”

Read the entire story here.

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  • Child Advocacy News

    - 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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