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Archive for the ‘Court Cases’ Category

Lawsuit Claims Florida Pays to ‘Warehouse’ Disabled Children Rather Than Send Them Home

March 15th, 2012   No Comments   Court Cases

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.

Florida Department of Children and Families Sued by Father of 3 Children Slain in Riviera Beach

March 7th, 2012   No Comments   Court Cases, Department of Children & Families (DCF)

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.

Why Is Florida Department of Children and Families Pushing to Return Wandering Boy, 9, to Family He ‘Fears’?

February 29th, 2012   No Comments   Advocacy, Court Cases

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.

Valentines Day One Year Later: Questions, Concerns Remain In Death of Nubia Barahona

February 14th, 2012   No Comments   Abuse, Court Cases

Exactly one year from the date that Nubia Barahona was found dead – and her twin brother, Victor, was found in serious condition doused in toxic liquids – their adoptive parents Jorge and Carmen Barahona may find out if they will be in the same courtroom when they face murder charges. And child abuse, foster care and guardian advocates and attorneys are still wondering whether the Florida Department of Children and Families and the community-based care providers paid hundreds of millions of dollars to ensure kids are safe are doing enough to ensure just that.

In the video below, child advocate attorney Howard Talenfeld tells NBC 6 in Miami that the system remains woefully unprepared to handle the vital tasks at hand.

View more videos at: http://nbcmiami.com.

Child Rights Attorney: Barahona Audio Statement Reveals Horrors of Child Abuse, Torture

February 6th, 2012   No Comments   Abuse, Court Cases

Tied together in the family bathtub, Victor Barahona and his sister, Nubia, were denied food, doused with water or bleach, neglected and subjected to horrible child abuse, personal injury and damages that eventually – for Nubia – allegedly led to death, according to police and prosecutors.

Now, the horrors are being revealed in graphic detail. On Monday, Miami-Dade prosecutors released caretaker Katia Garcia’s audio-recorded statement, in which she shared with investigators Victor’s heartfelt and shocking account of the twins’ treatment at the hands of their adopted father, the Miami Herald reported.

“Garcia recalled Victor’s attention to detail in sharing memories of his own abuse. But when it came to his slain sister, the boy was beset with agony,” the paper reported.

“He stutters when he talks. He can’t finish his sentences,” Garcia said in the recorded statement. “He has nervous twitches with his eyes. He had one with his mouth. He doesn’t want to talk about what his sister went through.”

Read the entire story here.

Justice Delayed: After 15 Years, Mom Charged With Child Abuse

February 4th, 2012   No Comments   Abuse, Court Cases

Fifteen years after allegedly inflicting a horrible beating on her 3-year-old daughter, a South Florida woman is facing justice for the personal injury, harm and damages she caused the child. As advocates and child abuse lawyers closely watch the case, she faces aggravated child abuse, according to Broward court records as reported in the South Florida Sun-Sentinel.

The woman, Raquel Knowles, 38, fled the hospital emergency room where she’d taken her daughter with serious injuries in 1997. She reportedly then flew to Jamaica, where she remained until 2009.

The child – now an adult – had bruises to her chest, back, buttocks, upper legs, arms and earlobes, the Sun-Sentinel reported. “The child had great bodily harm,” Judge John Hurley said. “[She had] permanent disfigurement due to surgical scarring when they had to sew up your daughter from the internal injuries after they did surgery.”

Read the entire story here.

Child Welfare Judge Likens Naked, Emaciated Boy, 9, to Concentration Camp Survivor

January 31st, 2012   No Comments   Abuse, Court Cases

It was a horror to see – even to any veteran child advocate, childen’s rights lawyer, foster care professional or Miami-Dade Circuit Judge Cindy Lederman – all people accustomed to seeing the abuse, personal injury and the scars of mistreated children. When the 9-year-old boy showed up in her courtroom, the judge likened the emaciated child to a concentration camp survivor.

His uncle said he was unaware of the boy’s condition. A photograph revealed a child so emaciated that his eyes bulged and his bones protruded from his skin. According to the Sun-Sentinel, the boy was “found wandering his North Miami Beach neighborhood Saturday — beaten, naked and starving.

“His parents, Marsee Strong, 34, and Edward Bailey, 40, remain at the Miami-Dade County Jail on charges of aggravated child abuse and neglect on $65,000 bail.” Read the entire story 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.

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.

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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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