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Archive for the ‘Guardian ad Litem & Representation’ Category

Lawyers v. Guardians ad Litem: What is Best For a Foster Child in Florida Dependency Court?

What is the difference — if any — when a guardian ad litem investigates and advocates for a child in Florida dependency court, and an attorney who does so?

The Florida Bar’s Legislation Committee last month explored this issue — and a recommended Bar legislative position from the Legal Needs of Children Committee that suggested state funding for lawyers to represent select children in dependency courts.

After testimony from some involved, including judges and a former foster child, the committee recommended the proposal on a 5-1 vote.

It’s an important issue, said supporter Howard Talenfeld, chair of the Legal Needs of Children Committee. If the Legislature approves the measure, time spent by children in foster care could be reduced.

“Foster care is like being in the ocean,” Talenfeld was quoted in the Florida Bar News. “The longer children are there, the better the chance they’ll drown.” Read the Florida Bar News article here…

National Adoption Month Highlights Need to Find Florida Foster Kids Permanent Homes

I recently met with a young lady, R.J., who came into the Florida child welfare system in Miami at the age of 3 as a healthy child. R.J. exited the system at the age of 18 with very serious mental illnesses.

Even more appalling is that R.J. has eight brothers and sisters who each came into the system at roughly the same ages. Each spent roughly the same amount of time in the system. None were ever adopted. Despite having juvenile court judges, a guardian ad litem and many caseworkers, these nine children have endured this horrific and unacceptable result.

They are not alone.

Almost half of Florida’s foster children, or 9,321, have been in out-of-home care more than a year, despite state or federal requirements for permanency in less than one year. A quarter (more than 5,000) have been in out-of-home care more than two years. More than 2,500 children have been without a family for longer than three years. Read this Florida Bar News story on The Legal Needs of Children panel’s report. (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.

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…)

Florida Attorney: State Making Progress, But Reports Say Still Much To Do on Child Abuse & Representation

Two national reports failed the state of Florida with regard to preventing child abuse in the child welfare system, and they highlight the need for representation of children in the system.

Although Florida is making process in its child welfare system, the two reports still point out we have a long way to go.

“… the issue of providing more attorneys for children is being discussed statewide,” writes the Daytona Beach News-Journal. “The Florida Bar has a committee working on legislation for the upcoming session seeking more attorneys for foster children with special needs, such as the disabled, older teens and children being prescribed psychotropic drugs.”

“It only makes sense that Florida join the other 40 states that give these kids their own lawyer, ” Howard Talenfeld, chair of The Florida Bar committee, told the News-Journal.

Click on the following links to read Howard Talenfeld’s letters on the issue in the Miami Herald and South Florida Sun-Sentinel.

Florida Failure on National Report Highlights Need to Lend Voice to Foster Kids

If Florida were a student, it would have earned a failing grade.

The state scored an F on a national report released this week that studied all 50 states’ protections of the legal rights of abused and neglected children. Florida was one of seven states to fail (the others were Delaware, Hawaii, Idaho, Indiana, Maine and North Dakota). A-plus grades went to Connecticut and Massachusetts.

Findings were based on the laws for legal representation for juveniles in the child welfare system. Among the criteria, as reported by the Tampa Tribune, were whether a state requires that attorneys represent abused and neglected children in court; whether those attorneys continue representing those children until their case is over, and whether those advocates receive specialized training.

The report was from First Star, a nonprofit group that litigates and advocates on behalf of children, and the Children’s Advocacy Institute at the University of San Diego School of Law. (more…)

Florida Advocates’ Concern: Providing Lawyers to Children in Dependency Court

The Florida Bar’s Legal Needs of Children Committee searches for common ground on how best to provide lawyers for children in dependency court — while not harming the statewide Guardian ad Litem Program.

This article Jan Pudlow, senior editor with the Florida Bar News, reveals how the committee members, including leadership at the Department of Children and Families, the head of the GAL Program, judges, legal aid representatives, and private attorneys, unanimously passed a resolution of agreed-upon concepts to guide the way toward crafting proposed legislation they hope will become a Florida Bar lobbying position in the 2010 Florida Legislature.

“For it not to come together would be a shame,” Bar President Jesse Diner urged the committee at the Bar’s General Meeting in Tampa September 10. “If we all care about doing the right thing, then we can find a way to come together and make this work.”

Added Committee Chair and foster care and child welfare attorney Howard Talenfeld, “If we can achieve real consensus with the Family Law Section, then we have a real shot at getting the funding necessary to advance the issue of representation of children in the state of Florida.” Read entire article here…


Jesse Diner: ‘Seven Years & Counting’ for Foster Children & Attorney Representation

Florida is one of ten states that do not provide attorneys to children in foster care and the dependency system. They are the only party  in a dependency case who are not represented and thousands do not have Guardians ad Litem.

jesse-diner

Florida Bar Pres. Jesse Diner

This year, Florida Bar President Jesse Diner is making the passage of legislation that would provide attorneys for foster children one of his top priorities. The commentary below appeared in The Florida Bar Journal…

Children are entitled to the same zealous advocacy adult clients expect of their lawyers. Yet, too often, children come to court powerless, with no one representing them at all. . . .

“If children are lucky enough to have lawyers, too often those lawyers are underpaid, inexperienced, and overwhelmed by huge caseloads. Judges are left to make life-altering decisions about a child without sufficient information to back up sound decisions.”

Those excerpts are plucked from the 2002 final report of The Florida Bar Commission on the Legal Needs of Children, a hardworking group of Florida judges and lawyers and experts on children’s issues chaired by 11th Circuit Judge Sandy Karlan. (more…)

Looking For a Few Good Lawyers: Judge, Attorney Spearhead Search for Pro Bono Lawyers

Pro Bono Lawyers, Advocates Sought to Help Southwest Florida Foster Children

In Florida courts for abused and neglected children, attorneys represent the Department of Children and Families, the Guardian ad Litem, and parents, but rarely is one there just for the child. Some have proposed changes to the system.

Howard Talenfeld, president of Florida’s Children First, a statewide advocacy organization, chairs the Florida Bar’s Legal Needs of Children group that is proposing the changes. “There are so many amazingly qualified guardians, but it’s time to recognize that the system is so splintered, so broken that these kids need more.”

Judge James Seals, who presides over Lee County’s dependency court, and Alicia Guerra, supervising attorney for the local guardian program, which provides court advocates for children, are trying to recruit pro-bono lawyers for children with complex legal issues and teenagers aging out of foster care.  Read the entire article here…



Florida Guardian ad Litem Funding Vital to Helping Neglected Kids

As Florida faces a financial crisis, our Florida Legislature is forced to grapple with ways to balance the budget. I recognize there are no good options for the Legislature, but some cuts create more problems than others.

The Florida Guardian ad Litem Program — whose staff and volunteer counselors and attorneys help the state’s neglected children and foster care youth — is facing severe budget cuts by the Florida Legislature that it cannot sustain. The Florida Senate has proposed an 8% cut in GAL funding and the Florida House proposal would cut 23% – or $7.6 million.

These cuts would result in a potential loss of 152 employees, or more than a third of the staff needed to recruit, screen, train, coach and mentor the nearly 5,700 volunteer child advocates who represent the best interests of abused, abandoned and neglected children caught in our dependency system. (more…)

Doing Good Can Be Good For Foster Children, the Developmentally Disabled & Practice

Doing Good Can Be Good for Florida’s  Foster Children, the Developmentally Disabled, and Even Your Legal Career — a summary of a presentation to the Jacksonville Bar Association to encourage lawyers to do pro bono representation which occurred on March 19, 2009.*

By Howard Talenfeld

When I attended law school, like many other students, I did not pursue any specialization. After launching my practice as attorney in 1980, I was fortunate and handled significant commercial litigations (and not so important small claims cases), large personal injury claims (and not so important soft tissue injury cases), critical cases behalf of a municipality (and some traffic citations), and appeals in cases affecting thousands of people (and appeals affecting few).

Indeed, by many measures I was successful and even made partner in my present firm, Colodny, Fass, Talenfeld, Karlinsky & Abate, P.A., after one year of practice. However, something important was missing.  In spite of my financial, personal and professional successes, my practice did not give me great personal satisfaction.

In 1988, my law firm began representing the Florida Department of Health & Rehabilitative Services (“HRS). It happened as a fluke because one of its ALF licensees was seeking to hold the Governor Martinez in contempt. This opportunity occurred because our firm had a good reputation for its work as outside counsel hired by the state of Florida Division of Risk Management, and my partner, Joel Fass, was also the “go to” lawyer for Department of Regulation prosecutions. Our immediate success in this case mushroomed in to representing HRS as outside counsel across all of its major program areas: Children & Families, Delinquency, Economic Services, Developmental Disabilities and the Office of Licensing & Certification.

However, it was no accident that this occurred. (more…)

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    - St. Petersburg Times / Tampa Bay, FL – February 27, 2010 - Lawsuit Alleges DCF and YMCA Sent Girl into Sexually Abusive Situation The first time the Florida woman took her adoptive daughter to the dentist, an assistant asked if the girl had been sexually assaulted. "She just asked that because of how she reacted toward him,'' the girl's mother said. The abuse, which occurred when the girl was 7 years old and in foster care, could have been prevented and should have been recognized sooner, according to a suit filed in Pinellas-Pasco Circuit Court that accuses the Department of Children and Families and the Sarasota YMCA of negligence and oversight failures — allegations that the DCF flatly denies. Attorney Howard Talenfeld says the girl should have never been in the Oldsmar home of Brian and Antonia Starmer, who are also named in the suit.

    - The Miami Herald / Miami, FL – February 21, 2010 - Our Kids: Florida Foster Care System Has Improved The incredible story of how Rachelle Louis-Jeune managed to rescue her family in Haiti was heartwarming and inspirational. Sadly, her story of bouncing and drifting through 23 foster homes in four years was unacceptably common during that era (1998-2002). It is important for readers to know that Florida's foster-care system was transformed after the transition to foster care and adoption services provided by private not-for-profits in a system called community-based care. Florida ranks third in the nation in the rate of children killed by child abuse and negligence, according to a report released Tuesday by non-profit child advocacy and lobbying group Every Child Matters.

    - The Miami Herald / Miami, FL – February 21, 2010 - Give Florida Kids a Voice in the System by Howard Talenfeld The most significant way Florida can improve the lives of at-risk children is to provide each of them with legal representation, something currently missing from our judicial system. This spring, Florida lawmakers are expected to take up consensus legislation crafted by the Florida Bar and Florida's Children First that provides attorneys to children with critical needs and to protect the rights of all children in dependency proceedings.

    - Sun-Sentinel / Fort Lauderdale, FL – February 21, 2010 - Florida DCF Employee Sentenced for Theft from ‘Vulnerable Citizens’ A former Florida Department of Children & Families employee who stole nearly $35,000 by creating dummy accounts for cash and food stamp benefits will spend five years in prison, a Broward County judge has ordered. In a prepared statement, a circuit administrator for DCF condemned Charles for stealing from "Florida's most vulnerable citizens."

    - The Daily News / Philadelphia, PA – February 16, 2010 - Ronnie Polaneczky: Florida High-Tech System Shows Promise in Tracking Children Over the past two years, Florida's Department of Children and Families has been phasing in a child-tracking program so brilliant, you gotta wonder why no one came up with it sooner: Caseworkers document each visit to a kid in DCF care by snapping a cell-phone photo of the child. The technology in these special phones not only stamps the picture with the visit's time and date but also uses GPS technology to pinpoint the place where the picture was taken.

    - The News-Press / Fort Myers, FL – February 16, 2010 - ‘Night on the Town' in Fort Myers to Benefit Foster Children Florida Repertory Theatre, Foster Care Advisory Services, and Vino de Notte restaurant are presenting "Night on the Town" Tuesday, Feb. 23 to benefit abused and neglected children in Southwest Florida. Foster Care Advisory Services has worked to fill the needs of those children since 1984.

    - The Tampa Tribune / New Port Richie, FL – February 10, 2010 - DCF to Pay $250000 in Case of Slain Pasco Child The Florida Department of Children & Families has agreed to pay settlements totaling $250,000 in the case of a 2-month-old girl who died after she was improperly placed in her biological father's care. Pasco Circuit Judge Walter Schafer approved the settlements during a hearing today.

    - Palm Beach Post / Palm Beach, FL – February 10, 2010 - Broward Nurse a Lifesaver for Haiti Victims Sent to South Florida DELRAY BEACH — Miraine Lamour was pulled from the ruins of what had been a third-floor classroom at Institut Louis Pasteur in Port-au-Prince five hours after the Haiti earthquake. Her leg was broken; her pelvis crushed. She couldn't move her legs. Lamour doesn't recall seeing a doctor for days until she wound up on the Navy medical ship Comfort.

    - ABC Action News / Tampa, FL – February 9, 2010 - Does Your Child’s Day Care Stack Up? AMPA, FL -- We trust them to care for our children, but how do you know if the daycare center you or someone in your family sends their kids to has a history of potentially dangerous violations and fines? An ABC Action News investigation has discovered that scores of daycare centers have been cited just in the last year.

    - First Coast News / Clearwater, FL – February 8, 2010 - Crist Touts State's Adoption Record More children are moving from foster care into adoptive homes than ever before, and today the governor praised the efforts that have made that possible. In 2009, there were a record 3,777 adoptions statewide, breaking the previous record set the year before. At the same time, Florida's foster care system is responsible for a third fewer children than just two years ago, totaling 19,797 as of July.

    - The Independent Florida Alligator / Gainesville, FL – February 2, 2010 - Haitian Orphans Get Help in Florida In response to Haiti’s earthquake, Florida is preparing foster homes to take in Haitian orphans by waiving homes’ occupancy limitations. In the aftermath of Port-au-Prince’s collapse, various organizations are working to get orphaned children out of Haiti and into a more stable environment. “Everyone here is sleeping in the dirt,” said Kyle Shropshire, an aid worker at an orphanage in Bon Repos, Haiti. “This is no place for a child.”

    - Florida Times-Union / Jacksonville, FL – January 22, 2010 - Jacksonville Foster Care Advocates Honored Nationally A 27-year-old man who spent his boyhood in Jacksonville's foster-care system and a child-abuse investigator who spent her career serving it have been nationally recognized for their dedication to making improvements to how it works. Former foster child Mike Dunlavy and foster parent and Florida Department of Children and Families child abuse investigator Joyce Andrews received Ruth Massinga Awards from the Casey Family Programs. Nancy Dreicer, DCF director for Northeast Florida, said the recognition is a "significant national recognition of the positive changes that we've made in foster care in Jacksonville."

    - NewsJournal Online / Volusia County, FL, January 19, 2010 - Locals, DCF Reach Out to Help Victims of Haiti Earthquake Local workers for the state Department of Children & Families are assisting in the Haiti earthquake relief effort, including receiving American citizens, many Haitian-Americans, who are arriving at Sanford and Orlando International airports from Haiti. Reggie Williams, DCF administrator in Daytona Beach, said staff members were at the airports Sunday and Monday. Workers are taking shifts, along with DCF staff from the Orlando area, to provide assistance to families, including mental health, temporary cash assistance and housing.

    - Capital News Service / Tallahassee, FL, January 19, 2010 - State Helps Haitian Orphans, Doesn’t Expect Refugees Florida is opening its ports to expatriates and orphans and is prepared to send refugees back to Haiti. More than 5,000 U.S. citizens caught in last Tuesday’s earthquake have returned to the States. “They haven’t slept in days. They are hungry, so the food banks have stepped up. The Red Cross is offering meals as they arrive,” said Florida Department of Children and Families Secretary George Sheldon.

    - The Miami Herald / Miami, FL – January 18, 2010 - Schools, Shelters Get Ready – Just in Case With the devastation in Haiti, South Florida is preparing once again to play a role assisting a troubled country. Though there is no sign of an exodus of Haitians heading to U.S. shores, governments and social service agencies are preparing for the possibility.

    - The Miami Herald / Miami, FL – January 17, 2010 - How a South Florida Foster Care Tragedy Led to Reform Florida child welfare administrators had seen children in their care get raped, tortured, strangled, starved. But never before Rilya Wilson had a foster child simply vanished. Social workers across the nation still study the case as a cautionary tale for what not to do in child protection. But if Rilya's name has become synonymous with scandal, children's advocates and Department of Children & Families leaders say, it also has become a touchstone of reform.

    - E! Online – January 12, 20101 - Tiger Woods has one person sticking up for him. A Florida lawmaker is demanding the state's Department of Children and Families investigate whether someone filed a false report alleging child abuse against the disgraced golfing great and his wife, Elin Nordegren, after news broke about his sex scandal.

    - The Florida Times Union / Jacksonville, FL – January 12, 20101 - Four Cheers: Foster Care Leaders One of the proudest achievements in Northeast Florida is the fact that this area leads the state in adoptions from foster care. The success in the Jacksonville area has been a major reason why Florida leads the nation in this statistic.

    - News-Journal Online, Daytona Beach, FL / January 10, 2010 - Child's Suicide Raises Medication Questions The April 2009 death of a South Florida 7-year-old foster child, Gabriel Myers -- who was prescribed several mind-altering drugs and hanged himself in his foster home -- sparked a statewide review in November that will result in new rules and legislation in the coming months for children under foster care. "We must do better for our children," said Alan Abramowitz, former local DCF administrator and state director of the DCF Family Safety Program Office. "Medication is not the cure-all."

    - TC Palm / Treasure Coast, FL – January 5, 2010 - Editorial: DCF Must Continue to Improve its Abuse Hotline Procedures cap:In a troubling account, the Miami Herald reported that thousands of calls to Florida’s statewide abuse hotline were screened out and not referred for investigation. Among them were calls claiming kidnapping, rape, aggravated child abuse and medical neglect, some of them coming from schools, judges and day-care workers.

    - WCTV-TV / Tallahassee, FL – January 4, 2010 - Task Force to Stop Child on Child Sexual Abuse Child on child sexual abuse touches and troubles the lives of thousands of children each year and the state of Florida is launching a new effort to stop it. The Florida Department of Children and Families identified more than 8300 children as either alleged perpetrators or victims of child on child abuse from 2008 to 2009.

    - Associated Press / Miami, FL – December 3, 2009 - DCF to Strengthen Response to Hotline Calls Florida social service administrators will strengthen their response to calls for help to the state's abuse hot line after a newspaper reported that thousands of calls each month are being "screened out" and not forwarded for investigation.

    The Florida Bar News / Tallahassee, FL – December 1, 2009 - Panel Says Kids Have a Right to an Attorney Legal Needs of Children Committee supports legislation to provide children in dependency court with lawyer. “When the state takes a child out of their home and into state custody, it seems to me that every single child that is the main focus of such a process is entitled to a lawyer to represent their rights against the state,” Rosemary Barkett, U.S. 11th Circuit Court of Appeals judge, told members of The Florida Bar Legal Needs of Children Committee. “A clear signal came through loud and clear that the overwhelming consensus of this committee is that children in a dependency courtroom need lawyers,” said Howard Talenfeld, chair of the Legal Needs of Children Committee, shortly after the conference call.

    - The Miami Herald / Miami, FL – November 30, 2009 - Cries For Help to DCF Hot Line Go Unheeded by Design Thousands of abuse reports to a DCF hot line go unheeded every month because of a new screening process intended to keep the strained system functioning. ``Hot-line calls are cries for help on behalf of a child,'' said Howard Talenfeld, the Fort Lauderdale-based chairman of Florida's Children First, an advocacy group. ``Any call that is screened out is a cry that falls on deaf ears

    - The Ledger / Lakeland, FL – November 23, 2009 - Dinner Gives Teens Leaving Foster Care Taste of Family On Monday about 100 teens gathered at the First Baptist Church of Bartow. Their differences are many and their life stories run the gamut. But the one thing they all share: They know what it's like to be lonely on Thanksgiving. They gathered to cook, eat, decorate and socialize as part of Devereux Florida Independent Living Transition Service's first Thanksgiving dinner for kids who have aged out of the foster care system..

    - WCTV TV / Tallahassee, FL – November 19, 2009 - Governor Crist Applauds Children's Home Society for Protecting Florida Youth Governor Charlie Crist applauded Florida’s successes in transforming state foster care while addressing child advocates, legislators and state child welfare system leaders from 18 states in Tampa. Florida was chosen as the host state because of its success in safely reducing the number of children in foster care, including the Governor’s statewide Explore Adoption initiative.

    - The Associated Press / Tallahassee, FL – November 18, 2009 - Governor Crist Applauds Children's Home Society for Protecting Florida Youth Florida's welfare agency should hire a chief medical officer to monitor powerful medications prescribed to foster children. That's the recommendation of a task force formed after a 7-year-old foster child hanged himself in April.

    - The Sun-Sentinel / Fort Lauderdale, FL – October 21, 2009 - Gov. Crist Orders Statewide Review of System That Allows Felons to Work in Child, Elder Care Gov. Charlie Crist ordered a statewide review of screening loopholes that allow felons to work as caregivers of Florida's children, elderly and disabled. The review follows a Sun Sentinel investigative series that found current laws and practices have let thousands of people with criminal records into jobs in day care centers and nursing homes. "When it comes to the safety and security of Florida's vulnerable populations, we must make every effort to ensure that their professional caregivers do not have criminal histories," Crist said in a statement.