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Archive for the ‘Foster Care’ Category

News Release: Governor Crist Announces More than 12,000 Adoptions of Foster Children Since 2007

August 4th, 2010   No Comments   Foster Care, News & Events

TALLAHASSEE – Governor Charlie Crist today announced that more than 12,000 Florida children in foster care have been adopted since 2007, including 3,368 children adopted in the past year. Florida’s recent success reduces the number of Florida children in foster care by nearly 36 percent since 2007.

“Florida has been recognized as the best in the nation at increasing adoptions because we believe the children in our care should have the best opportunity possible to be matched with a loving family,” said Governor Crist. “Our adoption successes are possible because Floridians are looking into their hearts and finding room for the teenagers, sibling groups and children with medical needs who typically wait longer to be adopted.”

In 2009, Florida was awarded a $9.7 million federal bonus for outpacing all other states in the number of adoptions of children from foster care. Florida set adoption records adoptions in fiscal year 2007-08 with 3,674, and in fiscal year 2008-09, with 3,777.

Read the entire story here

Law Firm Lobbyists Convince Florida Legislature, Governor to Pass Claims Bill to Help Former Foster Child Raped by Foster Father

Lobbyists and attorney advocates from the Fort Lauderdale law firm Colodny, Fass, Talenfeld, Karlinsky & Abate, P.A. successfully convince the Florida Legislature and Governor Charlie Crist to pass a claims bill to help  a former foster child raped by her foster father.

According to the Naples Daily News, Gov. Charlie Crist has signed a bill that will release $1.2 million to the guardian of a mentally retarded woman who had a baby after being raped as a teen by her foster father in Immokalee.

The claims bill Crist signed Thursday afternoon was approved by the Legislature and releases the remainder of a $1.3 million settlement by the state Department of Children and Families to Darlene Achille, the guardian for her sister, Pierreisna, 26, and her 9-year-old daughter.

“The next step is obviously getting the money,” said attorney Richard Filson of Sarasota, who filed the lawsuit in 2002. “I talked to Pierreisna and she is very happy. … They’re living in a small apartment. It’s good news to them.”

Read the entire story here

Lead Agencies, DCF Seek to Cap Personal Injury Damage Suits By Foster Children

MIAMI (AP) — A few months after a 10-year-old child was placed with eight other children in a Tampa foster home overseen by a single mom, a 13-year-old boy sneaked into his room and raped him in 2005.

But Hillsborough Kids Inc., a state contractor that placed the boy, says it’s not liable because it subcontracted with another agency which directly cared for the boy. They contend the state Department of Children and Families is ultimately responsible for overseeing its providers, according to court documents.

The lawsuit filed on behalf of the boy has dragged on for three years and is the crux of an ongoing argument between DCF and the contractors it hires to place and monitor foster children: Who should be financially responsible when one of the children is harmed?

That question has major repercussions for both taxpayers and the children. If it’s the state, the contractors would be off the hook and a victimized foster child would be limited by law to receiving $200,000 in damages from the state unless the Legislature approves a higher amount. If it’s the contractors, an injured child could receive whatever damages a court awards up to a $3 million per incident and it would be paid by the contractor and its insurance company.

Child advocates say DCF and its contractors are trying to dodge responsibility and are wasting taxpayer money as discussions drag on. In the end, they say, it leaves abused children with little legal or financial recourse. The state spent more than $740 million this year on foster care, employing 21 contractors to oversee between 9,000 and 10,000 foster children.

“It’s sad and a complete waste of resources when we see each blame the other or duck behind technical defenses while the innocent foster child is suffering and waiting to get help,” said Howard Talenfeld, a child advocate and Broward County attorney.

Read the entire story here

Florida Lawyer Fights for Rights of Foster Children

April 26th, 2010   1 Comment   Advocacy, Foster Care, News & Events

Although Florida is one of the top states in the number of foster children who are adopted, thousands of foster children lose their childhood by spending three or more years in care.

“We still have far too many foster children who spend years in the system instead of with their permanent families,” said Howard Talenfeld, founder of Florida’s Children First (FCF), an organization based in Coral Springs that works for children in foster care and those at risk.

Talenfeld was interviewed by the South Florida Sun-Sentinel for this article on his — and Florida’s Children First’s — roles in advocating for children’s rights.

“Florida is at the bottom of the states when it comes to providing foster children an attorney in their own foster care case,” Talenfeld said. ”As a result of shrinking revenues, we are now fighting threatened budgetary cuts to Florida’s independent living program, adoption subsidy appropriations and to the Guardian ad Litem Program.”

(more…)

Web Links Help Florida Child and Foster Care Lawyers & Advocates

The area of adoption, foster child, vulnerable persons, and guardian ad litem law is dynamic and fast-changing. With the guidance of the Florida Guardian Ad Litem Programthe Voice for Florida’s Abused and Neglected Children - Florida Child Advocate has gathered some important links and resources to help advocates learn more about the process.

The National Center for Adoption Law & Policy at Capital University Law School publishes a weekly electronic summary of adoption and child welfare cases as well as a weekly summary of the latest news in child welfare.

The Legal Issues and Laws Section of the Child Welfare Information Gateway provides helpful publications and tools, including a State Statute search, federal and state laws, and other legal information.

Foster Care Reform Litigation Docket, a publication from the National Center for Youth Law provides basic information on 71 child welfare reform cases nationwide that are currently in active litigation, a pending settlement agreement, or are significant in some other respect.

Major Federal Legislation Concerned With Child Protection, Child Welfare, and Adoption is a publication from the Child Welfare Information Gateway summarizes the major provisions of key Federal laws regarding child protection, child welfare, and adoption and includes a timeline of Federal child welfare legislation.

The Legal Resource section of the Florida Statewide Guardian ad Litem Website offers searchable case summaries and library, archived Legal Briefs Newsletter (2004-present), archived Practice Bulletins, the Guardian ad Litem Dependency Practice Manual, audio recordings of past attorney training calls (2006- present), legislative updates, links to helpful websites, and Chapter 39 Florida Statutes. On this page you can also sign up to have the Legal Briefs Newsletter and Practice Bulletin delivered to your in-box.

For more resources, review the “Blogroll” to the left of this entry. If you discover any additional resources that might help others navigating child welfare and advocacy, feel free to send them to us by submitting a Comment on this post.

Child Advocate Brian Cabrey Works to Protect Florida’s Most Vulnerable

Brian Cabrey is known throughout the Florida legal community as a staunch advocate for foster children, and abused and neglected kids statewide. He has volunteered countless hours on their behalf and sits on the board of Florida’s Children First.

Brian’s work also includes “damages claims against the Florida Department of Children and Families ( DCF ) and its employees where foster children are physically and sexually abused in care.”

In this article from the Florida Times Union, Brian is recognized for his tireless efforts…

Brian Cabrey cares about the children.

His office in the Modis building in downtown Jacksonville is full of pictures of his family. Most of his free time revolves around his four children, aged 2 through 13, and their activities in sports and with Holy Spirit Catholic Church.

And when he’s in his office, Cabrey, a lawyer, is often working on behalf of children. (more…)

Gov. Crist 2010 Budget Boosts Funding for Florida Children, Families, Foster Kids and Aged-Out Graduates

February 18th, 2010   1 Comment   Foster Care, Funding

At a time when tough economics call for fiscal belt-tightening across the state, Gov. Charlie Crist this year has shown tremendous resolve and vision.

This year, the Governor has recommended $77.5 million to support a variety of Florida Department of Children and Families initiatives designed to protect current foster children and those graduating out of care.

Attorneys, guardians, advocates and others who provide legal representation for these citizens laud the governor for his recommendations.

According to a document from the DCF, the governor’s budget proposals are anticipated to protect critical services for vulnerable Floridians.

“We are grateful that Governor Charlie Crist places such a high priority on continuing DCF’s progress in increasing adoptions of children in foster care, keeping children and families together and safe from abuse, preventing domestic violence and homelessness, and providing treatment for mental illness and substance abuse,” noted DCF Secretary George H. Sheldon. (more…)

Florida’s Children First to Honor Attorney & Advocate Jesse H. Diner at Broward Reception Feb. 24 at Tower Club

Florida Bar President Jesse H. Diner Instrumental in Seeking Legal Representation for Foster Children

Florida’s Children First (FCF), the statewide legal advocacy organization focused on protecting the legal rights of at-risk and foster care children, will honor at its upcoming Child Advocate Awards and Reception Mr. Jesse H. Diner, President of the Florida Bar, who has made advancing the rights of children a major emphasis in Florida.

jesse-dinerFCF’s annual Broward event will recognize Mr. Diner for his efforts supporting legislation designed to obtain counsel children in foster care and the dependency system, supporting the recommendations of the Florida Bar’s Legal Needs of Children Committee. He has championed the passage of legislation that would provide attorneys for foster children, ensuring foster children receive “the same zealous advocacy adult clients expect of their lawyers,” he has written.

He also has supported Florida Bar’s efforts in recruiting pro bono lawyers to represent these children. (more…)

Child Advocacy, Foster Care Attorneys Lauded for “Tenacity” in Case & $2.9 Million Settlement Against Florida DCF

December 9th, 2009   No Comments   Abuse, Foster Care, News & Events

Child advocacy and foster care attorneys Howard Talenfeld and Tracey K. McPharlin of Colodny Fass Talenfeld Karlinsky & Abate P.A., have been recognized as Finalists in The Daily Business Review’s fifth annual Most Effective Lawyers awards competition.

Every year, in what has become one of the most closely watched attorney recognition programs in Miami-Dade, Broward and Palm Beach counties, the Daily Business Review highlights the work of private and public sector lawyers through the Most Effective Lawyers in South Florida.

The program recognizes more than 80 attorneys in 16 categories: real estate, pro bono, complex / business litigation, international, appellate law, public interest, class actions, criminal justice, personal injury, product liability, regulatory, medical malpractice, labor & employment, securities, bankruptcy / receivership, environmental law.

Talenfeld and McPharlin were recognized for having secured significant victories for their clients. Specifically, they were noted for the four years they invested in a case that led to a settlement with the Florida Department of Children and Families. The two attorneys represented the biological parents of three young children who were preschool-aged at the time of late-1990s sexual assaults by two teenage boys with a known history of sexual predation.

The DBR story recognizing Talenfeld and McPharlin begins below… (more…)

Florida Trend Story Highlights Foster Kids’ Need for Attorneys

ht-florida-trendIn a report issued this fall by the Children’s Advocacy Institute and First Star, Florida and six other states got an “F” for the legal representation and attorney services it provides to abused, neglected and foster children, notes a story in the December issue of Florida Trend.

“Very few of these children have lawyers, and yet their entire life is on the line,” says Howard Talenfeld, Chairman of the Florida Bar’s Legal Needs of Children Committee. Talenfeld is pushing for legislation to require that children in the state’s welfare system have an attorney. Read the Florida Child Advocate blog on Florida’s Failing Grade here.

The Florida Trend story helps highlight the plight of these children — and the Committee’s work on their behalf.

Florida’s Children First Honors Foster Care Advocates & Graduate

November 19th, 2009   No Comments   Foster Care, Fundraising & Support

More than 100 child advocates, lawyers, judges and politicians gathered at the Gunster Yoakley law firm offices in West Palm Beach recently to honor those in Palm Beach County who are making a difference in the lives of foster children.

“These individuals have proven that you can help change outcomes for foster children by simply getting involved in a foster child’s life,” said Howard Talenfeld, President of Florida’s Children First, and a partner with Colodny, Fass, Talenfeld, Karlinsky & Abate PA.

The event raised more than $20,000 and honored local foster care advocates and Obadiah Payton, a  young adult who successfully made it through the system. Read the Sun-Sentinel On The Scene coverage here…

Foster Advocacy Group Florida’s Children First to Host Miami-Dade Fundraiser

Florida’s Children First will hold its Miami-Dade Child Advocate Awards and Reception  on December 3, 2009 from 5:30 PM to 7:30 PM.

Child advocates, community and business leaders, and all other persons concerned about the future of Florida’s children, especially abused, abandoned and neglected children and youth are welcome. A $100 contribution is suggested; all proceeds will benefit Florida’s Children First, the leading child advocacy organization in Florida.

The event will honor three children’s advocates, including the Honorable Carlos Martinez, Andi Steinaker, and foster care “graduate” Julia Villamizar. (more…)

  • 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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