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Archive for the ‘Guardian ad Litem & Representation’ Category

Florida Judge: Victor Barahona Dependency Hearing Closed to Public

The South Florida dependency court hearings for Victor Barahona, the young boy allegedly abused by his adoptive parents, will be closed to the news media and public, Miami-Dade Circuit Judge Maria Sampedro-Iglesia ruled this week. Victor is one of three adopted children of Jorge and Carmen Barahona. The parents are accused of fatally abusing Nubia, Victor’s twin sister.

Judge Sampedro-Iglesia ruled that closing the hearings would be “in the best interest of the children.” The Guardian ad Litem program requested the hearings be closed. The news media, including the Miami Herald and local television station WPLG ABC10, had argued against closing the hearings, the Herald reported.

Read the entire story of Victor Barahona’s dependency hearing here.

Child Advocate Howard Talenfeld part of $2.9 million settlement for child abuse victim Jace Manning

As reported by the Daily Business Review, Childrens advocate attorneys Howard Talenfeld of Colodny Fass Talenfeld Kalinsky & Abate and Gary M. Cohen secured a $2.9 million settlement for Jace Manning, who in the first seven months of his life was seen numerous times by physicians for symptoms indicating abuse and neglect.

According to the article: “The responsible agencies didn’t communicate. It was a complete system failure,” Talenfeld said. “What you have is many different agencies involved with child protection, and it’s very easy for the Jaces of the world to fall through the cracks.”

Read the entire story here

Governor Crist Names Alan Abramowitz to Head Florida’s Guardian Ad Litem Office

Governor Charlie Crist has appointed long-time Department of Children and Families program head and juvenile justice attorney Alan Abramowitz as executive director of the Statewide Guardian Ad Litem Office. Abramowitz will succeed Theresa Flury, for a term to run until December 8, 2013.

Abramowitz to head Florida GAL

Abramowitz to head Florida GAL

Currently, Abramowitz directs the statewide Family Safety Program Office within the Florida Department of Children and Families (DCF).

“With 15 years of experience in social service and juvenile justice, Alan has continually worked to improve the lives of children who depend on the child welfare system,” Governor Crist said. “He is an effective and caring advocate for the young people of Florida, and I am confident the Guardian Ad Litem Program will excel under his leadership.”

(more…)

Florida Bar News: Attorneys recognized for their service to the Florida Bar

Outgoing Florida Bar President Jesse Diner recently recognized several attorneys for their dedication and service to the Florida Bar this past year.

Among the honorees included foster child and advocacy attorney Howard Talenfeld, for his work to build consensus on representation legislation as the Chair of the Florida Bar Legal Needs of Children Committee.

Read the entire story here

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…)

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…)