What is FCA?

Child Advocacy Blog

Search

Archive for the ‘Court Cases’ Category

DBR: This Broward Woman’s Case Could Change the Way Hospitals, DCF Evaluate Disabled Parents

June 22nd, 2020   No Comments   Court Cases, Disability Issues

Sadly, 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.

November 5th, 2018   No Comments   Court Cases

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.

Click here to view the full article.

Governor Scott Signs $5 Million Claims Bill for Child Sexually Abused by Foster Boy Living in the Home

April 11th, 2018   No Comments   Abuse, Court Cases, Department of Children & Families (DCF), Legislative & Regulatory Issues, Sexual Abuse

On 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.

(more…)

Florida Legislature Approves Claims Bill for Child Sexually Abused by Foster Boy Living in the Home

March 15th, 2018   Comments Off on Florida Legislature Approves Claims Bill for Child Sexually Abused by Foster Boy Living in the Home   Abuse, Court Cases, Department of Children & Families (DCF)

On Thursday, March 8, the Florida Legislature approved a Claims Bill regarding a West Palm Beach jury verdict, which would provide $5 million to a victim of sexual abuse. The bill is the result of a verdict against the Florida Department of Children & Families (DCF) on behalf of a young man (“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. Children’s rights attorney Howard Talenfeld represented C.M.H.

Read the entire story from the Palm Beach Post by clicking here

 

Florida DCF Lawyer Warned in Case of Foster Child Suicide Aired on Facebook Live

March 3rd, 2017   No Comments   Court Cases, Department of Children & Families (DCF)

Private attorneys who fight for the rights of at-risk and foster children are watching closely as a Miami judge overseeing a case related to a child’s January suicide that was streamed from her foster home on Facebook Live threatened a Florida Department of Children and Families lawyer to jail for reportedly misleading the judge.  The judge is exploring whether other children in the foster home may have witnessed Naika Venant, the 14-year-old emotionally troubled foster child as she hanged herself.

Miami-Dade Circuit Judge Maria Sampedro-Iglesia, the judge overseeing the case, demanded Florida’s regional child welfare legal director to appear in her court in March.

(more…)

Court to DCF: ‘Astounding’ that Agency Didn’t Follow Case of At-Risk Child Whose Mother Now Says is Dead

July 24th, 2016   No Comments   Abuse, Court Cases, Department of Children & Families (DCF)

A Miami-Dade Circuit Judge chastised the Florida Department of Children and Families Broward County office for not following more closely the case of a toddler whose mother now reports the child has died.

According to news reports, after Judge Cindy Lederman learned that Broward DCF was not monitoring the family, whose children had previously been removed following the mother’s arrest, the judge said, “It seems like someone in Broward is sleeping, all the priors here and nothing was done. It’s astounding, quite frankly.”

(more…)

Child Advocate: Attorneys’ Work Pays Off As State Settles Child Medicaid Class-Action Suit

April 9th, 2016   No Comments   Commentary, Court Cases

Attorneys who claimed millions of Florida children had failed to receive medical check-ups under Medicaid reached a milestone settlement with the state in the class-action lawsuit. The agreement followed federal lawsuits that claimed the children didn’t receive medical or dental care. In 2014, the judge in the case agreed with the plaintiffs and ordered both sides into mediation. The news is a significant win for the state’s neglected at-risk and foster children.

The attorneys representing children in this case, Stuart Singer and Carl Goldfarb with law firm Boies Schiller & Flexner, were presented by child advocate attorney Howard Talenfeld with the Florida’s Children First Child Advocates of the Year in a presentation earlier this year for their commitment to the decade-long case.

(more…)

Florida Claims Bills Seek to Help Abused Children Who Wait Years for Damage Awards

February 13th, 2016   No Comments   Abuse, Advocacy, Court Cases, Damage Claims, Department of Children & Families (DCF)

Children across Florida who have suffered rape, child sexual abuse, child abuse, and other personal injury often wait years to receive damage awarded by the court or juries – if they ever receive the money at all. Claims bills now before the Florida Legislature could make money available to help these victims receive the money they desperately need.

In one example, a Wellington boy, 9, was sexually assaulted by a foster child his parents had agreed to raise, not knowing the boy had suffered sexual abuse and had become a child-on-child predator. A Palm Beach County jury in 2013 found that the Florida Department of Children and Families was negligent and awarded the boy $5 million for damages and what could be a lifetime of treatment and therapy.

He’s yet to receive any money. “He’s living a life of paralysis,” said Howard Talenfeld, the attorney representing the now 22-year-old man.

(more…)

Florida Supreme Court Rules for Lawyers for Foster Children

January 24th, 2016   No Comments   Advocacy, Court Cases, Department of Children & Families (DCF)

When the Florida Supreme Court issued its Juvenile Rules Opinion this week on requiring attorneys for Florida foster children with special needs, it was the successful culmination of a 10-year effort by the state’s leading foster child advocates, including the Florida Guardian ad Litem (GAL) program and Florida’s Children First (FCF), as well as the Legal Needs of Children Committee of The Florida Bar.

The Court ruled to implement legislation requiring legal representation for at-risk children facing administrative hearings. Read the ruling here.

Since the 1990s, FCF, the state’s premier child advocacy organization, and the GAL have worked closely advocating the legislation. They two organizations jointly submitted comments to the court supporting advancement of state legislation providing for attorneys ad litem and other programs to require legal representation for children in the child welfare system.

(more…)

Lead Agencies Must Acquire Appropriate Insurance Coverage

December 30th, 2015   No Comments   Abuse, Court Cases, Sexual Abuse

The Florida Legislature requires that lead agencies obtain a minimum of $1 million per claim and $10 million per incident in general liability coverage. Yet, many of the state’s lead agencies have not acquired appropriate amounts of coverage to protect children who are harmed while in their care.

Sadly, one West Palm Beach teen recently dealt with this issue when a now-defunct social service agency agreed to pay her to help overcome years of sexual abuse, but didn’t have enough insurance coverage to pay the claim. A lawsuit has been filed against the insurance company, claiming it did not make sure the agency had the proper coverage to compensate children who were victims of sexual abuse while in the care of the agency.

While millions of dollars of insurance coverage is required, the agency reportedly held only $250,000 in coverage.

Read more here

New Times: Boy Sues Community Firms, State Agency for Failing to Vet Foster Parent

May 13th, 2015   No Comments   Abuse, Court Cases, Damage Claims

For want of a criminal and personal background check, a young child was allegedly sexually abused by a foster parent after being placed in the man’s care by contracted providers, welfare providers Kids in Distress Inc. and ChildNet Inc. The two companies were hired by the Florida Department of Children and Families to vet foster parents and place children. Instead, all three – as well as the foster parent, whom the child claims sexually abused him.

“According to the lawsuit, the child — identified only as R.S. — claims 56-year-old John Michael McGuigan of Broward County sexually abused him while the child was under his care. But the lawsuit says there were multiple glaring red flags the agencies failed to see when McGuigan applied to become a Florida foster parent in 2008,” writes Broward New Times.

(more…)

WFOR-TV News: ‘Broward County Florida Foster Child is Suing the Agency That Was Supposed to Protect Him’

May 8th, 2015   No Comments   Abuse, Court Cases

Florida foster child abuse attorney Howard Talenfeld holds a press conference after filing a lawsuit on behalf of a foster child who claims he was groomed and sexually abused by an alleged known child molester-turned-foster parent. The lawsuit was filed against the alleged abuser and child welfare providers Kids In Distress, Inc., and ChildNet, Inc., in Broward County, Florida, circuit court.

The suit alleges the private child welfare agencies failed to appropriately conduct standard background checks before granting the defendant a foster parent license.

In the lawsuit, the child, R.S., claims he was subjected to sexual abuse by defendant Michael McGuigan, allegedly a known child molester. Other defendants Kids In Distress and ChildNet are private companies contracted by the Florida Department of Children and Families (DCF) to implement and oversee child safety, welfare and foster placement services. The case was filed in Broward County Circuit Court on behalf of R.S. by his next friend, David Bazerman.

“Child advocate and attorney Howard Talenfeld says Kids In Distress failed to protect a foster child that he says was molested,” the reporter comments. “In a lawsuit filed against the agencies which are contracted to provide child welfare services in Broward County, he says the foster parents had been investigated by police agencies for abuse but whenever charged.”

« Older Entries