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Archive for the ‘Legislative & Regulatory Issues’ Category

Florida Lawmakers Reject Child Abuse Funds, Some Blame Health Care Law

When the federal government offered some $50 million in funds earmarked for child-abuse prevention, some would have jumped at the chance to use such money to help society’s most vulnerable: Abused and neglected children. Instead, Florida lawmakers rejected the grants, which were tied to the federal Affordable Health Care Act. The reason: Lawmakers don’t approve of the Obama administration’s health care reform package.

“This is just crazy,” Gwen Wurm, assistant professor of clinical pediatrics at the University of Miami, and a board member of the Our Kids foster care agency, told the Miami Herald. “This is the model for what you want in a prevention program. They have proven results.”

What’s more, the federal Race to the Top educational-reform effort is tied to Healthy Families’ child-abuse prevention program. This could result in the loss of a $100 million, four-year federal block grant. Read the entire story here.

Florida Department of Children and Families Hurries To Test New Welfare Applicants

Rushing to make good on Gov. Rick Scott’s and the Florida Legislature’s push to test applicants, Florida social service officials mapped out and sought final public input on broad policy guidelines as the state launches its drug testing of new applicants for welfare benefits.

According to NorthEscambia.com, “Following up on legislation passed by lawmakers only a few months ago to require applicants for temporary financial assistance to take drug tests, Department of Children and Families officials said formal procedures would not be ready until mid-July at the earliest but the agency would proceed nonetheless to administer the new law.”

The Website continued, “Among a litany of concerns from stakeholders, including Florida Legal Services and the ACLU, were questions of whether applicants who test positive for drugs would be immediately flagged by DCF and risk having their children removed from their custody.” Read the entire story here.

Foster Care Award Limits Stripped From Florida Senate Committee Medicaid Bill

A sweeping Florida Senate rewrite of the state Medicaid program, approved today by the health and human services budget committee will steer 2.9 million low-income Floridians into health coverage provided by managed care companies. Left behind: legal caps and liability limits for foster care providers.

According to the Palm Beach Post, “Trial lawyers and children’s advocates have been fighting the lawsuit limits, especially in the wake of the death of 10-year-old Nubia Barahona and near death of her twin brother, Victor, allegedly at the hands of their foster parents who are now facing murder charges.”

Read the entire story here.

Medicaid Reform Would Limit Families of Child Abuse, Injury, Death Right to Sue

A Medicaid-reform effort has lawmakers seeking to limit the rights of poor people to sue doctors, hospitals and child-welfare companies. “In the midst of expanding HMO-style management in Medicaid, the Legislature is passing a raft of proposals that limit the liability of Medicaid doctors, hospitals, nursing homes and private community-based care companies,” writes the Miami Herald.

Backers of the legislation include doctors and hospitals, the paper writes. Because they’re working for the state (which itself is shielded from lawsuits and some damage awards), the Medicaid providers and child-welfare companies should receive the same protections.

Opponents of the proposed legislation, including Democrats, child advocates and trial attorneys, claim such legislation will hold no one accountable in such cases like Nubia and Victor Barahona. The two Miami children allegedly were abused by their adoptive parents. Such legislation also would help the insurance industry, the paper wrote. Read the entire story here.

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

Florida Legislature: Time Limits Will End to File Sex-Abuse Cases

Despite concerns expressed by the Roman Catholic Church, the Florida Legislature this week approved eliminating a statute of limitations on child-related sex-abuse cases, according to a Miami Herald story.

The Florida House of Representatives and Senate unanimously approved the measure to eliminate time limits and statutes of limitations for filing criminal and civil cases for sex crimes involving children. The effort has met resistance for years from the Roman Catholic Church, the Herald wrote.

The legislation (HB525), while too late for some victims, makes it easier for future victims to file suit, seek courtroom justice, and potentially to recover damages. Gov. Charlie Crist has said he would sign such a bill into law.

“This is one of the major undone pieces in regard to the state addressing the needs of sexual-violence victims,” Terri Poore, a lobbyist for the Florida Council Against Sexual Violence, told the Herald. Read the entire story here.

Incest Report Raises Alarms About Florida DCF ‘Family Preservation’ Policy

Recent news of an incest case raised alarms about the Florida Department of Children and Families’ child welfare policy. In the case of a man accused of sexually abusing his teenage daughter, child welfare advocates questioned keeping families together in a practice called “family preservation” – even when circumstances suggest greater caution.

The goal of family preservation, when secondary to a child’s safety, is a critical and fundamental mission of Florida’s child protection system.

However, in pursuing this goal, other preventative and protective measures must be utilized. Among them…

- Calls to the abuse hotline must be fully investigated.

- Recommended protective services, whether voluntary or mandated, must be monitored.

An article by The Miami Herald’s Carol Marbin Miller on April 8 has once again reported a tragic story that evidences that Florida’s policy shift in this direction has yet to be accompanied by the necessary commitment to protect child safety with appropriate, mandatory supervision of protective service cases.

We hope that DCF’s task force that is now studying this issue moves quickly and decisively in this direction.

Bill Could Protect Florida Disabled, Seniors, Day Care Kids

News that the Florida House of Representatives today unanimously passed a bill requiring more strict background screenings for employees at its nursing homes and day care centers is an important step in protecting the state’s most vulnerable citizens.

Though the bill now goes to the Florida Senate, it has the support of Gov. Charlie Crist and foster and child care advocates statewide. He was quoted as saying, “Florida must continue making significant strides to ensure the safety of those individuals in our care.”

If signed into law, this bill will help shore up the state’s efforts — and reveal lawmakers’ commitment — to protect it’s vulnerable citizens. They are to be lauded for this effort.

According to the Sun-Sentinel, the bill would require “nationwide background checks and tighter restrictions on people with criminal histories… [the bill] was filed after a Sun Sentinel series in September found that Florida’s caregivers included convicted felons and career criminals with records for rape, child abuse and even murder.”

Read the entire story here…

Herald Column: Give Vulnerable, Foster 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.

The Children’s Legal Representation Act, as it’s called, also gives the courts the ability and authority to appoint state-provided counsel for children, whether they be paid or not. (more…)

Florida Children & Youth Cabinet Guides ‘Collaboration’ to Ensure Service Management & Delivery

The Florida’s Children and Youth Cabinet was created to ensure that the public policy of Florida relating to children and youth promotes interdepartmental collaboration and program implementation.

The goal is for services designed for children and youth to be planned, managed and delivered in a holistic and integrated manner to improve the self-sufficiency, safety, economic stability, health and quality of life of all children and youth in Florida.

Its vision is for “All children in Florida grow up safe, healthy, educated and prepared to meet their full potential.” Its next regular meeting will be held on December 1 at the University of Florida in Gainesville.

Learn more by clicking on any of the following links… (more…)

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 Governor, Legislature Must Curtail Use of ‘Chemical Restraints’ on Foster Children

“It seems to be a prerequisite for foster children to be on medication.”

These words were spoken by the adoptive father of two 12-year Florida girls. And the reality he spoke of just shouldn’t be the case.

As Florida Gov. Charlie Crist was barnstorming the state discussing Florida’s successes in fostering adoptions, Mirko Ceska was telling the governor about the continued prevalence of psychotropic drugs in the lives of foster kids and others in the state’s care. Read the Miami Herald article here.

Powerful psychotropic should not be used as “chemical restraints” for minor foster children. But such use is widespread instead of behavioral approaches designed to address the real losses in their lives. (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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