Illinois’ child welfare system is in crisis, with child advocacy groups increasingly concerned about systematic failures. Despite a landmark ACLU class action lawsuit filed 36 years ago (B.H. v. Johnson) meant to reform the Illinois Department of Children and Family Services (DCFS), the treatment of children in state care has actually deteriorated rather than improved. Children are still being physically abused, sexually abused and otherwise harmed in the foster care system that is supposed to protect them by the negligence of DCFS. At Justice for Kids, we can help them recover critical resources through a lawsuit and damage award that they will need after they turn 21 and throughout their lives.
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Archive for the ‘Court Cases’ CategoryJustice for Kids Achieves Three Top 50 Florida VerdictsJustice for Kids, a division of Kelley Kronenberg, is pleased to announce the division and several of its attorneys have been recognized on Top Verdict’s list of the top 50 plaintiff’s jury verdicts obtained in Florida in 2023. These include:
DCF Must Pay $15 Million to a Child for Failing to Protect her From Horrific Abuse, a Jury DecidedThe Department of Children and Families (DCF) failed to investigate complaints that the mother was using drugs and endangering her child, who suffered “catastrophic” permanent injuries from severe abuse and neglect. The child, H.H., is now eight years old and completely dependent on others for all aspects of her daily functioning, according to Justice for Kids, which represented her. The award is among the largest in state history for this kind of case. The jury’s verdict speaks to “the sheer magnitude and severity” of the girl’s injuries, attorney Stacie Schmerling said. The Department received a report through its abuse hotline about H.H. and her brother in May 2017, concerning drug activity in the home and poor living conditions. Moreover, the stepfather, who lived in the home and was a caregiver to H.H., had a criminal history that included arrests for violent crimes, the complaint says. Family Awarded $13.5 Million for Adoption that Led to Molestation Following a Trial Led by Justice for KidsFollowing a seven-day trial led by the Justice for Kids Team, a jury awarded $13.5 million to a family that suffered harm after the adoption agency Jewish Family and Community Services (JFCS) failed to warn them about psychological problems that make their adopted son unsafe to be around their daughters, one of whom was later molested. The $13.5 million dollar verdict against JFCS validated claims by the boy’s adoptive parents that the nonprofit failed to convey how risky it would be to place the boy in their home. “They cannot escape accountability,” attorney Justin Grosz told jurors during final arguments for the seven-day trial, which centered on whether Jewish Family staff failed before adoption to alert the couple to behavioral problems that could last a lifetime. Orlando Sentinel: Jury orders Florida to pay $15 million to Volusia girl tortured by parentsA young girl has been awarded a $15 million verdict against the Florida Department of Children & Families for negligently investigating abuse reports. Stacie Schmerling and Lisa Elliott, attorneys with the Justice for Kids Division of Kelley Kronenberg, represented the eight-year-old girl, who was tortured and suffered permanent traumatic brain injury and quadriplegia from repeated episodes of abusive head trauma. Jury Awards Father $4.5 Million in Damages in Wrongful Death Case Involving Broward Sheriff’s OfficeChristopher Nevarez, the father of Makenzie Nevarez, a 6-month-old baby girl who suffered catastrophic injuries and later passed away from blunt force trauma, has been awarded $4.5 million in damages in a wrongful death case involving the Broward Sheriff’s Office for failure to protect his daughter. Justin Grosz and Stacie Schmerling, partners with Justice for Kids at Kelley Kronenberg, represented Makenzie’s father and grandmother in the case, which alleged that the child protection investigator, under the auspices of BSO at the time, could have done more to further investigate previous injuries and keep Makenzie safe while in the care of her mother and her mother’s roommate. Sun-Sentinel: Family of baby killed in abuse case seeking $15 million from Broward Sheriff’s OfficeJury deliberations are underway in this Justice for Kids case involving the death of 6-month-old Makenzie Nevarez. Her family is accusing the Broward Sheriff’s Office of negligence. Sun-Sentinel: A baby girl who was the subject of an abuse investigation was killed. Now, a trial begins that accuses child-welfare officials of negligence.Justice for Kids is in court this week regarding a lawsuit about 6-month-old baby Makenzie Nevarez, whose babysitter went to prison in her death. They have alleged that Broward Sheriff’s Office was negligent, arguing the child protection investigator, under the auspices of the agency at the time, could have done more to further the investigation and keep the baby safe. Makenzie had previously been taken to hospitals in northwest Broward twice for unexplained injuries before BSO put her back into the care of the mother and her roommate who was often the babysitter. Tragically, she died more than a week later. A baby died in foster care in Marion. Now two social service agencies face negligence case.Stacie Schmerling and Lisa Elliott of Kelley Kronenberg’s Justice for Kids Division have filed a lawsuit against two social service agencies on behalf of the estate of an infant who died while in foster care in Marion County. Read more in this article from the Ocala StarBanner here. DBR: This Broward Woman’s Case Could Change the Way Hospitals, DCF Evaluate Disabled ParentsSadly, individuals who live with a disability are constantly at risk of losing their children to state care, despite having done nothing wrong and despite whether a true threat exists. Stacie Schmerling, a partner at Justice for Kids, a division of Kelley Kronenberg, and attorney Matthew Dietz hope to shine a light on this injustice and change the way the Broward Sheriff’s Office and the Florida Child welfare systems assess parents with disabilities. Read more about their case in this article from the Daily Business Review by clicking here. Miami Herald: BSO could have intervened to protect this abused baby. It didn’t. She died violently.This is yet another devastating example of the mishandling of a child’s safety when red flags had previously been raised about the child’s care. Talenfeld Law partner, and former BSO child abuse investigator, Stacie Schmerling discusses the recent lawsuit in this article from the Miami Herald. Governor Scott Signs $5 Million Claims Bill for Child Sexually Abused by Foster Boy Living in the HomeApril 11th, 2018
 No Comments  Abuse, Court Cases, Department of Children & Families (DCF), Legislative & Regulatory Issues, Sexual AbuseOn Friday, March 23, Governor Rick Scott signed CS/HB 6509, a claims bill that directs the Florida Department of Children and Families (DCF) to pay more than $5 million awarded by a Florida jury to C.M.H., a victim of sexual abuse by a child in foster care. This marks the largest known recovery in Florida for one child who was emotionally and sexually abused against a governmental defendant, DCF. Children’s rights attorney and Talenfeld Law Founder Howard Talenfeld served as co-counsel for C.M.H.The bill is the result of a verdict and judgment against DCF on behalf of C.M.H., who was sexually assaulted at age nine by an 11-year-old foster child (“J.W.”) that DCF had placed at the home without a safety plan. |
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