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Archive for the ‘Rights of Foster Children’ Category

Florida Man Recovers $409,662 Embezzled by Former Foster Parents

Chalk one up for the good guys. Based on an alert by Howard M. Talenfeld, a Fort Lauderdale children’s rights attorney and foster child advocate, federal authorities were able to help former Florida foster child Markus Min Ho Kim recover $409,662 embezzled by his former foster parents.

Recovery gives Markus Kim reason to smile

Recovery gives Markus Kim reason to smile

Kim had contacted Talenfeld in 2008 about the theft. Talenfeld then alerted federal authorities to the embezzlement by his adoptive parents, Radhames and Asia Oropeza of Davenport, Florida. They had stolen life insurance money that came from Kim’s mother, who was slain in 2000 by his father, leaving Kim an orphan. Kim’s father currently is serving a life sentence in New York.

U.S. attorney for the Middle ­District of Florida, Robert E. O’Neill, said full recovery of a court-ordered victim restitution of such a large-scale fraud is rare, wrote the Ledger.

“The amount symbolized his slain mother’s hope for a better future and his adopted parents’ betrayal,” the paper wrote. Said Kim, now 25, “I don’t think I can put into words what it truly means to me.”

Read the entire story here.

In Florida and U.S., Aging Out Means New Issues for Foster Care Kids

In Florida and nationally, foster care was designed to provide a safe haven for society’s most vulnerable citizens – the abused, neglected and overlooked children. Yet, what happens when they “age out” — turning 18, independent and no longer wards of the state? As this article shows, in Washington state, as well as in Florida and nationwide, advocates, rights attorneys and guardians ad litem have worked tirelessly to help kids find independence once beyond the support of the foster care system.

In the article, “State’s foster care system discharges ill-equipped young adults; Despite program’s good intentions, teens are out on their own and unprepared,” The Spokane Review writes of a national issue: Kids who on their 18th birthday, some with behavioral health problems, are turned out of group or foster homes where they’d spent their lives in the state’s care. They are to start on their own — often unprepared.

“Recently cut off of the powerful psychotropic drugs that had been used to control his aggression, Tyler Dorsey ended up in the Spokane County Jail on a domestic violence charge six weeks after aging out of child welfare,” the publication wrote.

“A new state law might have protected Dorsey, who was turned away by numerous agencies because of his juvenile record of assault…[The law] entitles foster youth without a high school diploma or GED to remain in foster care until age 21 by opting into the federal Fostering Connections to Success and Increasing Adoptions Act.”

Read the entire story here.

In Florida and U.S., Advocates Work to Prevent Foster Youth Identity Theft

Foster children – whether in Florida or elsewhere in the U.S. – increasingly are victims of identity theft. Sadly, they often don’t realize it until they’re on their own, “aged out” at 18. This article explores issues related to ID theft, and what advocates and organizations can do to help keep kids in the system from becoming victimized.

The reporter wrote, “The fact that foster children are sometimes shuffled from home to home, with their personal information passing through different hands, makes it a recipe for identity theft, child advocates say. Once they turn 18 and are ready to live on their own, many foster youth discover that they have car loans, unpaid bills or mortgages in their names. Debts and bad credit can prevent them from renting an apartment, getting college financial aid, or opening a bank account. Finding culprits can be nearly impossible.”

Read the entire story here.

Warning to Prospective Parents: Swindle Foster Kids’ Money and Face Jail Time

News that a Tampa, Florida, area couple allegedly stole more than $400,000 from a foster child’s life insurance payout reveals how society’s most vulnerable children remain susceptible – even while in a system designed to protect them or once they’ve aged out and are on their own.

To prospective parents the indictment against the Davenport, Florida, couple also should stand as a warning to those who would swindle money from kids who need it badly: Get caught, and jail time may await.

According to news reports, Radhames Antonio Oropeza, 53, and Asia Concepcion Oropeza, 52, are said to have invited to Florida a foster child whose mother had died, and whose father was in jail. The child was given the proceeds of a $400,000 life insurance policy when he turned 18. The young man’s name has not been released.

Authorities claim the couple convinced the boy he was making real estate investments. The couple faces charges of conspiring to commit fraud and wire fraud. (more…)

Most Effective Lawyers: Four Years of Work Led to Settlement in DCF Case

The Daily Business Review, a leading legal and professional publication in Miami, Fort Lauderdale, West Palm Beach and South Florida’s tri-county community, recently named law firm partners Howard Talenfeld and Tracey McPharlin among its Most Effective Lawyers.

To the two foster care and child advocacy attorneys, partners with Colodny Fass Talenfeld Karlinsky & Abate P.A., the proposition seemed simple: placing children who are known sexual offenders into a foster home where other foster children reside is a dangerous practice.

But it took nearly four years to persuade a court to recognize that the Department of Children and Families workers who placed two teenage boys with a known history of sexual predation into a home with three younger children acted with deliberate indifference. The workers were not, the lawyers argued, entitled to qualified immunity. Read the original article here…

(more…)

Florida DCF Secretary Sheldon Says Agency Changing Culture

September 3rd, 2009   1 Comment   Rights of Foster Children

This article from the News Service of Florida reveals Florida Department of Children & Families Secretary George Sheldon’s belief that the agency at the center of state foster care issues is changing its culture.

“Gov. Crist made it very clear that if you make a mistake, admit it and try to fix it,’’ Sheldon said.

“Despite recent critical reports, Department of Children and Families Secretary George Sheldon said this week that he is convinced the beleaguered agency is beginning to change a long-engrained culture,” the article began. “A recently-completed internal report raises questions as to whether the agency has the right kind of employees who are willing to use common sense to avoid ongoing mistakes, such as one that came to light with the suicide of a 7-year-old child in South Florida.

“These mistakes wind up costing taxpayers millions of dollars because the state ends up settling lawsuits that accuse the agency of negligence.”

See the entire article here…

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…)

Lawyers Go to Bat For Children in Florida Care

Plantation lawyers Howard Talenfeld & Jesse Diner hope to improve legal representation of kids in state care.

Jesse Diner, left, and Howard Talenfeld are working together to help Florida's foster care and vulnerable children.Jesse Diner, left, and Howard Talenfeld are working together to help Florida’s foster care and vulnerable children.

Two Broward lawyers are hoping to work toward a major change for kids who have been taken from troubled homes.

Howard Talenfeld and Jesse Diner, both of Plantation, say they want to make sure every child in state care has a voice when moving through the court system. Both have taken on lead roles in recent months with the Florida Bar Association and one of their main priorities will be to improve the legal representation of children in foster care.

“I realized the single greatest improvement we can make in the child welfare system is to give every child a voice when they are taken away from their parents,” said Talenfeld, a longtime foster care and child advocate attorney.

Read Complete Miami Herald Story Here.


FlaBar President Diner Makes Legal Representation of Foster Children a Critical Priority

For far too long, Florida foster children haved needed their own voice and legal counsel in their own dependency case and now before other state and local agencies that make critical decisions that critically affect their lives.

Representation should be of primary concern. Currently, only 60-80% of children in the dependency system are represented by the GAL program – and very few by attorneys. Quality representation of each child in foster care, before School Boards, Agency for Persons with Disabilities, and the Agency for Healthcare Administration, to name a few agencies, may be the single most important step we can take to positively impact the lives of foster children.

This year, Jesse Diner, President-Elect of the Florida Bar, has placed among his highest priorities taking the recommendations of the 2002 Commission on the Legal Needs of Children and introducing legislation to create a Statewide Office of the Children’s Advocate.

My appointment this May to chair the Florida Bar Association’s Legal Needs of Children Committee is part of that goal. Our committee will help write legislative language and seek passage of laws and regulations critical to fulfilling the state’s mandate to serve the best interests of the children in its care. (more…)

Round-Up: Crist Signs Records Law, State Reviews Foster Care Cases

Florida Gov. Charlie Crist

Florida Gov. Charlie Crist

Florida’s foster children have been both a source of both eye-opening revelation about how they’re cared for, as well as the recipients of legislation designed to help them in the future.

In some good news for foster kids, Florida Governor Charlie Crist signed into law bills designed to help grant them access to records for medical and educational needs.  The Foster Folly News wrote  that the legislation benefits children in foster care as well as young people leaving foster care. The move “provides children in foster care better access to their own personal records often needed for medical and educational purposes.  Senate Bill 1128 ensures that disabled homeless children and children in foster care receive appropriate educational services.”

WEAR-TV reported that the bills can be credited, in part, to members of Florida Youth Shine, a statewide advocacy group that specializes in foster care and child welfare issues. “You’re great advocates, you truly are,” Crist said.

Recent news in Florida’s foster child and foster care landscape continued to center on the fall-out of the Department of Children and Families response to Gabriel Myers, the 7-year-old child who committed suicide in his foster home. Reporters and government leaders are scrutinizing how Gabrielwas prescribed powerful psychotropic drugs, and how the DCF plans to deal with such cases in the future. Among the stories… (more…)

Florida DCF Workgroup to Research Death of Foster Child, Gabriel Myers

Department of Children and Families Secretary Convenes Workgroup to Evaluate Circumstances Surrounding Death of 7-year-old in Foster Care

TALLAHASSEE, FL — Department of Children and Families (DCF) Secretary George H. Sheldon today announced that the Department is establishing a  workgroup to determine the facts and circumstances surrounding the tragic death of 7-year-old Gabriel Myers.

Gabriel died on April 16 when police indicated he apparently hanged himself in the shower of his foster parents’ Margate home.

Following Gabriel’s death, the Department of Children and Families petitioned the court to release case files and notes relating to the child while in state care. Normally, case files are only made public following a death that is verified as a result of abuse or neglect, per Florida Statutes. However, DCF believed it was in the public interest to open the records to public scrutiny. A judge agreed and the petition was granted on April 22, 2009. (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…)

  • 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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