Howard Talenfeld

Howard Talenfeld

Howard M. Talenfeld is a Co-Business Unit Leader/Partner in the Justice for Kids Division of Kelley Kronenberg’s growing national practice dedicated to providing legal services to abused, disabled and catastrophically injured children harmed at home, in child welfare and foster care settings, group home settings and residential treatment centers, as well as all children harmed by the acts of others.

The sibling of a special-needs child, Mr. Talenfeld discovered early on the concerns such individuals — and their families — confront in trying to assure appropriate care is provided by healthcare and government / social services organizations.

Mr. Talenfeld has earned a reputation as a thoughtful and skilled practitioner in the areas of children’s, elderly and disabled rights — accolades he believes to be among his greatest personal accomplishments. In 1996, he was appointed to the Board of Directors of the Youth Law Center, a national children’s advocacy group. He helped the organization develop into a viable entity that assist at-risk youth and teens. Continuing that path, he began an effort to coordinate a statewide organization of child advocates who would help Florida’s at-risk children. In 2002, he became the founding President of Florida’s Children First (FCF). Comprised of advocates from throughout the state of Florida, FCF works through multi-forum advocacy before the executive branch, the Florida Legislature and the Florida Courts to protect children who are at risk in foster care and in the delinquency system in Florida. Mr. Talenfeld was instrumental in the passage of landmark legislation in Florida, including the Foster Children Bill of Rights, Florida’s pilot project on representation of foster children in Dependency Court, and Florida’s breakthrough interagency education bill for foster children.

Mr. Talenfeld has litigated cases that have resulted in multi-million dollar settlements and jury verdicts that changed how governmental and private institutions care for children and the elderly. Mr. Talenfeld is also experienced in litigating complex commercial and class action cases in state and federal courts. In 2024, Howard received the American Association for Justice’s Trial Lawyers Care Award and was recognized on Forbes’ inaugural list of America’s Top 200 Lawyers as one of only six lawyers on the list nationally selected for Civil Rights Law.

In the late ‘80s and early ‘90s, Mr. Talenfeld represented the state of Florida in its major class-action law suits dealing with the foster care system, children’s mental health system, juvenile justice system, state psychiatric hospitals and the provision of Medicaid services to the developmentally disabled, among others. Nationally, he pioneered defending these cases by advocating for the improvement and reform of human service systems, while protecting states’ rights and avoiding federal over-sight. He has represented governors, secretaries of state, state agencies, Florida’s Insurance Commissioner, the Florida Legislature and Florida’s Auditor General in civil rights cases in federal and state court.

Mr. Talenfeld’s litigation successes have utilized creative legal approaches to achieve extraordinary results. In 1998, he served as lead counsel in the Broward County foster care class action, Ward v. Kearney. The resulting settlement agreement greatly improved child welfare practice and more than tripled the District 10 budget for its child welfare system from $38 million to more than $100 million. In 1999, he achieved another major victory, this time for the Florida’s developmentally disabled population in Baumstein v. Sunrise Community, Inc. 738 So. 2d 420, (Fla. 3DCA 1999). The case established the existence of a private cause of action for damages for the violation of Florida’s Bill of Rights for the developmentally disabled. He also was the first attorney in Florida to utilize 42 USC § 1983, the federal civil rights damage statute, to recover a damage award in excess of Florida’s sovereign immunity limit of $100,000 on behalf of a foster child. In the 2002 case, Roe v. Florida Department of Children & Family Services, 176 F. Supp. 2d 1310 (S.D. Fla. 2001), Mr. Talenfeld negotiated a landmark $5 million settlement and focused the nation’s attention on the case in an episode of ABC’s 20/20.

Beyond his courtroom successes, Mr. Talenfeld has been a forceful advocate for change. He has argued for systemic reform litigation before many state and national groups, including the U.S. Congress, the National Association of State Mental Health Lawyers, the American Public Welfare Association and many Florida legislative committees.

Mr. Talenfeld has also chaired The Florida Bar Legal Needs of Children Committee three times in 2009-10, 2020-2021, and 2021-22 –more times than any other advocate. In this role, he has inspired legislation providing for the representation of foster children in their own dependency cases including disabled children, medically fragile children, severely emotional disturbed children, and victims of human trafficking. He also created the sub-committee examining the over-representation of black children in foster care.

Mr. Talenfeld is a member of the American Bar Association, the Association of Trial Lawyers of America, the National Association of Council for Children and a representative for the State of Florida to the National Association of Mental Health Attorneys. He previously chaired the Litigation/Class Action Committee (1993) and is a member of the American Public Welfare Association. Recently, he joined the Board of Trustees of Keiser University, which has the distinction of being named amongst the top colleges in the country in providing social mobility to its students according to U.S. News & World Report.

Mr. Talenfeld has received numerous awards, including the Florida Bar President’s 2006 Pro Bono Service Award for the 17th Judicial Circuit in and for Broward County, Florida. He currently is rated AV Preeminent® by Martindale-Hubbell, a rating he has held since 1986.

Mr. Talenfeld received his bachelors of business administration degree from University of Miami School of Business, and his Juris Doctorate from University of Miami School of Law, cum laude.

Education

· University of Miami, J.D. 1979, cum laude
· University of Miami, B.S. 1974

Professional Associations and Memberships

· Florida Bar Association, admitted 1980
· American Bar Association
· Florida State and Appellate courts
· United States Supreme Court
· United States District Court for the Southern, Middle and Northern Districts of Florida
· Association of Trial Lawyers of America
· National Association of Council for Children
· Florida Bar Association Legal Needs of Children Committee – (Chair 2021-2022, 2020-2021 and 2009-2010; Member 1999-2010)
· Representative for the State of Florida to the National Association of State Mental Health Lawyers and the American Public Welfare Association

Civic and Community Involvement

· Florida’s Children First, President (2002 until present)
· Keiser University, Board of Trustees
· Broward Days, Chair Children Issues Team (2000 to 2015)
· Broward Days Steering Committee Chair (2000-2006)
· Citizens for Broward’s Children Steering Committee member (2000, 2014), Co-Chair (2014)
· Former Florida’s Voice on Developmental Disabilities, Director (2002-2003), Member (2002-present)
· Former Director with the Youth Law Center, San Francisco, CA
· Former Temple Kol Tikvah Board of Trustees member

Special Recognition

· AV Preeminent® Top Rated Lawyer by Martindale-Hubbell™ since 1986
· Forbes’ list of America’s Top 200 Lawyers (2024)
· Trial Lawyers Care Award, American Association for Justice (2024)
· The Florida Bar Foundation 2018 Medal of Honor Award for a Lawyer
· Honoree, Keiser University Choice Awards – Minority Community Leaders Gala (2023)
· South Florida Business & Wealth Magazine Legal Awards, Social Impact (2021)
· 211 Broward, Non-Profit Organization Board Leader of the Year Awards – Winner (2020)
· Listed in Florida Trend’s Florida 500 (2018-2023)
· Daily Business Review, Professional Excellence Lifetime Achievement award (2016)
· The University of Miami Law Alumni Association’s “Alumni Achievement Award” (2016)
· Lifestyle Media Group, Leaders in Law Winner for Personal Injury (2014)
· Daily Business Review, Most Effective Lawyer recognition, Public Interest (2013)
· South Florida Business Journal “Key Partners Awards” honoree (2012)
· Daily Business Review, Most Effective Lawyer recognition, Pro Bono (2011)
· Featured in Florida Super Lawyer Magazine Article “Fostering Hope” (2010)
· Florida Bar Association “President’s Award of Merit” (2010)
· Broward Days “Community Advocate Award” (2010)
· Lawyers for Children America “Policy Advocate Award” (2010)
· South Florida Business Journal’s Let’s Do Something Giant Award Recipient, Legal Category (2008)
· Florida Trend’s Legal Elite (2004, 2006)
· President’s Pro Bono Service Award for the 17th Judicial Circuit (2006)
· March of Dimes Award (2007)
· Daily Business Review, Most Effective Lawyer recognition (2006)
· Russell Carlisle Award from Legal Aid Service of Broward County 2004 for outstanding contributions to social justice in Broward County
· Kathleen Wright Award for a professional who has improved the quality of life for children in Florida, Family Central (March 2002)
· Medallion Recipient (2002)
· “Making a Difference” Award, Justice for Children and Families (April 27, 2002)
· Blue Ribbon Hero Award for Guardian ad Litem Pro Bono Attorney (2001-2)
· Outstanding Citizen of the Year, Broward Committee for Prevention of Child Abuse (April 2000)
· Florida Super Lawyers List (2006-2024)
· Listed in The Best Lawyers in America© in the field of Civil Rights Law (2017-2025); Personal Injury Litigation – Plaintiffs (2019-2025)
· The Heart Gallery of Broward County, Child Advocate of the Year (2016)
· Named to the “Top Lawyers” list in the South Florida Legal Guide (2007-2022)

Speaking Engagements & Presentations:

·Virtual presentation regarding Florida’s Children First to the Capital City Kiwanis Club in Tallahassee, 2021

·Presentation to Palm Beach County Guardian ad Litem Office, “The Federal Rights of Dependent Youth,” Palm Beach County, May 9, 2008

· Florida’s Children First, “Improving Outcomes for Older Youth,” Fort Lauderdale, Florida, Feb. 14, 2008

· Presentation on Children’s Mental Health Issues to Judge Steven Leifman, Special Advisor to the Florida Supreme Court, May 22, 2007

· Presentation for Florida Coalition for Children on Avoiding Legal Risk Management within Case Management, November 4, 2004

· Presentations for Florida’s Children First on the Hidden Federal Powers of the Florida Juvenile Dependency Court Judge in Jacksonville, Tampa, Fort Lauderdale & Naples, 2004

· Testimony before the United States House of Representatives Subcommittee on Human Resources, Hearing on Child Protection Programs in Florida, December 14, 1998

· Presentation before New York State (NYS) ARC, Inc., Presentation discussing issues relating to waiting lists for residential services for persons with mental retardation and developmental disabilities in Florida, Albany, New York, August 1, 1998

· Annual Education Meeting of the Florida Conference of Circuit Judges With Florida’s Federal Trial Judges and the Judges of the Eleventh Circuit Court of Appeals, “The Hidden Powers of the Juvenile Court Judge to Protect the Rights of Children,” Jacksonville, Florida, November 30-December 3, 1997

· Florida State Guardianship Association, Inc., 9th Annual Conference, “Abuse and Neglect–What Every Guardian Should Know,” Dania, Florida, September 20-21, 1996

· National Association of State Mental Health Attorneys – 13th Annual Conference and Annual Conference of Interstate Compact Coordinators on Mental Health, “Institutional Reform Litigation and Mental Health: The Impact of Federal Supervision on Mental Health Systems through Section 1983 Litigation,” San Antonio, Texas, October 24-27, 1993

· University of South Florida, Department of Law and Mental Health, The Florida Mental Health Institute, “Violence and its Challenge to the Juvenile Justice System: Implications for Advocacy Programs and Research – Advocacy Strategies: A Systems Approach,” Tampa, Florida, June 16, 1993

· HRS District Legal Counsel Workshop, “Federal Court Update and Status of Section 1983 Liability,” Tallahassee, Florida , May 6-7, 1993

· HRS District Legal Counsel Workshop, “Federal Court Update and Status of Section 1983 Liability,” Wakulla Springs, Florida, October 29-30,1992

· National Association of State Mental Health Attorneys – 12th Annual Conference and Annual Conference of Interstate Compact Coordinators on Mental Health, “Defenses Unique to State Entities and Officials in State and Federal Courts and Class Action Suits,” Portland, Oregon, September 19-23, 1992

· Testimony before the United States Senate Finance Subcommittee on Social Security and Family Policy, Impact of the Suter Amendment, Washington, D.C., September 17, 1992

· Florida Council for Community Mental Health – 1992 Annual Conference, “In Stride with Change – Shaping the Future: Court Mandates and ADM’s Service Delivery System,” Daytona Beach, Florida, September 16, 1992

· Fourth Annual ACLU of Florida Lawyers Conference, Presentation on Children’s Rights and Parent’s Rights, Key West, Florida, August 21-22, 1992

· University of Miami Law School – Mental Health Law, Presentation on the Defendants’ View of Mental Health Litigation, Miami, Florida, March 3, 1992

· National Association of State Mental Health Attorneys, Presentation of Section 1983, “Strategies for Defending Class Action Claims for Injunctive Relief,” Orlando, Florida, October 15, 1991

· American Association of Public Welfare, Presentation regarding Florida’s experience in defending child welfare litigation at the state and local level, Washington, D.C., July 23, 1991

· The Center for the Study of Youth Policy, Nova University, Shepard Broad Law Center, Presentation on The Broward Detention Initiative, its impact on detention practices, population and the Juvenile Justice Reform Act of 1990 symposium, Fort Lauderdale, Florida, June 27, 1991

· HRS District Legal Counsel Seminar, Presentation to all District Legal Counsel on utilization of Extraordinary Writs, Tallahassee, Florida, May 23, 1991

· National Association of State Mental Health Program Directors, Zinermon v. Burch Presentation, Kansas City, Missouri, November 1990

Child Advocacy News

Austin, TX – July 18, 2024 – WPLG Local 10- Largest housing provider for migrant children engaged in pervasive sexual abuse, US says Employees of the largest housing provider for unaccompanied migrant children in the U.S. repeatedly sexually abused and harassed children in their care for at least eight years, the Justice Department said Thursday, alleging a shocking litany of offenses that took place as the company amassed billions of dollars in government contracts.

Daytona Beach, FL – July 9, 2024 – WESH 2- Police: Man arrested in Daytona Beach after dangling, dropping child off second-floor resort balcony A 31-year-old man was arrested on Saturday after allegedly dropping a 4-year-old off the second floor of a Daytona Beach resort, according to an affidavit from the police department.

Palm Coast, FL – July 7, 2024 – WSVN 7- Florida woman charged with child neglect after good Samaritan finds 2-year-old son wandering near busy road alone A good Samaritan found a 2-year-old boy wandering in a Florida neighborhood all alone, and now the child’s mother is facing charges after she was found fast asleep inside their home.

Homestead, FL – May 16, 2024 – WPLG Local 10- Homestead couple accused of murdering their 6-month-old baby girl Two 24-year-old parents brought their 6-month-old to Homestead Hospital in cardiac arrest Sunday afternoon; doctors found that the baby had no pulse and signs of severe child abuse, according to police.

Brevard County, FL – May 16, 2024 – WESH 2 Orlando- Family sues Brevard County day care for alleged child abuse and negligence An incident at a Brevard County day care involving a child and teacher has led to more allegations of child abuse and negligence after the Department of Children and Families studied surveillance video.

Chicago, IL – May 7, 2024 – WSIL – TV- Lawsuit alleges pervasive child sexual abuse at Illinois juvenile detention centers for decades A group of 95 people filed a lawsuit in Illinois on Monday alleging they were sexually abused as children in juvenile detention centers across the state for over two decades.

Wildwood, FL – May 4, 2024 – Fox 35 Orlando- Florida DCF worker accused of abusing 11-year-old foster child A Kids Central employee was arrested after he aggressively threw an 11-year-old foster child onto a couch and hurt her, according to an arrest affidavit from the Wildwood Police Department.

Tallahassee, FL – May 3, 2024 – The Tampa Bay Times – Nearly 600,000 Florida kids shed from government health care, study says Nearly 600,000 Florida children lost their government-provided health insurance last year after the federal government ended the national COVID-related health emergency, more than any other state except Texas, according to a newly released report by the Georgetown Center for Children and Families.

Miami, FL – April 22, 2024 – WSVN 7- Mother charged with child neglect after dropping baby in water at Miami Beach while intoxicated, police say
A judge on Monday had words of advice for a mother accused of being under the influence while caring for her young child.

St. Petersburg, FL – April 10, 2024 – WPLG Local 10- DeSantis signs 5 bills to crack down on sexual predators Florida Gov. Ron DeSantis held a press conference in St. Petersburg Wednesday morning.

Tampa, FL – March 24, 2024 – News Channel 8- Toddler suffers 2nd, 3rd degree burns at Florida day care, family says A 10-month-old in Central Florida faces months of recovery, surgeries, and treatments after 30% of his body was burned while at day care, NBC affiliate WESH reported.

Chicago, IL – March 8, 2024 – The Center Square- Legislator questions whether new DCFS director brings needed changes Concern is growing that conditions at the long-troubled Illinois Department of Children Family Services may be getting worse for many of its abused or neglected children.

Largo, FL – March 6, 2024 – Fox 35 Orlando- Parents arrested after fleeing with 3 children from Largo custody meeting: Police Two parents were arrested and booked into the Pinellas County jail after taking off with their three children from a mandatory visit at the Department of Children and Families office in Largo.

Miami, FL – February 5, 2024 – The Miami Herald- Florida man who faced death penalty over child sex abuse takes life-in-prison plea deal Though Florida prosecutors sought the death penalty for a man accused of sexually abusing a child, making use of a new law Gov. Ron DeSantis signed last year, the accused man instead pleaded guilty and was sentenced to life in prison.

Miami, FL – January 31, 2024 – The Miami Herald- After Herald investigation, women report coach’s alleged sexual abuse to Key Biscayne police A woman who says she was repeatedly sexually abused 13 years ago by a Key Biscayne gymnastics coach finally told her story to police on Tuesday.

Gainesville, FL – January 19, 2024 – WCJB 20- Gainesville man arrested for human trafficking of an 11-year-old girl A registered sexual predator was arrested after Gainesville Police Department officers say he sexually abused an 11-year-old girl.

Miami Beach, FL – January 12, 2024 – WPLG Local 10- Miami Beach parents jailed after signs of ‘severe physical abuse’ in 2-month-old, police say Authorities arrested a Miami Beach couple on felony charges Thursday after they said the couple’s 2-month-old son was found unresponsive with signs of “severe physical abuse,” including more than a dozen rib fractures.

Miami Beach, FL – January 12, 2024 – WTVJ NBC 6 – Miami Beach couple arrested after severely injured infant found with 18 fractured ribs A Miami Beach couple is facing charges after their infant son was hospitalized with severe injuries including 18 fractured ribs, authorities said.

Fort Myers, FL – January 7, 2024 – Fort Myers News Press – Keeping at-risk children, families intact takes a community After a decade of work inside Florida’s child welfare system, I could see there had to be a better way.

Miami-Dade County, FL – January 5, 2024 – WPLG Local 10 – Boy, 6, calls 911 to report mom left him, little brother alone in filthy Miami-Dade home, cops say A 6-year-old boy called 911 Wednesday night to tell Miami-Dade police his mother left him and his 2-year-old brother home alone. Police said they arrived to find disgusting conditions.

Chicago, IL – January 3, 2024 – WGN 9 Chicago – DCFS still failing to find appropriate care for kids, leaving them locked-up, report shows An annual report to legislators, prompted by a WGN Investigates series, shows the Illinois Department of Children and Family Services is still leaving kids in crisis in psychiatric hospitals and juvenile jails longer than necessary.

Chicago, IL – January 3, 2024 – WBEZ Chicago – What’s next for Illinois’ beleaguered Department of Children and Family Services? The Department of Children and Family Services is officially transitioning leadership. But the agency has long faced systemic issues.

West Palm Beach, FL – October 3, 2023 – The Palm Beach Post – Child abuse or bad parenting? Jury hears case of Jupiter dad who kept teen locked in room in garage Was it aggravated child abuse? Or simply bad parenting?

Tallahassee, FL – September 7, 2023 – Tallahassee Democrat – Florida legislative watchdog says DCF may be at odds with sex trafficking law Florida does not know if its Department of Children and Families is following state law for the care of teens found to have been commercially sexually exploited according to the Legislature’s watchdog, the Office of Program Policies and Government Accountability.

Miramar, FL – September 5, 2023 – WPLG Local 10 – Miramar man accused of raping trafficked teen who ran away from foster care A Miramar man faces multiple felony charges after authorities accused him of sexually assaulting a 15-year-old girl who ran away from a Miami Gardens foster facility and subsequently ended up becoming a human trafficking victim.

Chicago, IL – September 1, 2023 – State of Illinois – Illinois DCFS Launches Child Welfare Dashboard and Study of Child Protection Services to Increase Transparency and Accountability Keeping with his pledge to bolster Illinois’ child welfare system, Governor JB Pritzker unveiled today a new online data dashboard featuring unprecedented insights and performance indicators maintained by the Illinois Department of Children and Family Services (DCFS).

Tallahassee, FL – August 21, 2023 – WCTV – Florida leads nation in 2023 hot car child deaths Florida is leading the nation with the number of children dying after being left in a hot car. Of the 18 deaths reported across the U.S. so far in 2023, six of those deaths happened in Florida.

Tampa, FL – June 30, 2023 – WFLA News Channel 8 – ‘We never want the child to sleep in an office’: DCF secretary discusses agency’s past and future It has been a trying three years of leading the Florida Department of Children and Families (DCF) for Secretary Shevaun Harris, but she is optimistic about eliminating a staffing shortage and office sleepovers.

Boca Raton, FL – June 16, 2023 – CBS 12- Man from Boca Raton made over $257K while trafficking women, including one minor In a joint effort by several agencies, a Boca Raton man, who had human trafficked multiple women for several years and made over $257,000, was arrested.

Hialeah, FL – June 12, 2023 – WPLG Local 10- Police: Hialeah man arrested after 1-year-old son found unresponsive, positive for Xanax Police arrested a Hialeah man after they said first responders found his 1-year-old son, who later tested positive for Xanax, unresponsive early Sunday morning.

Hialeah, FL – June 12, 2023 – Local 10 WPLG- Police: Hialeah man arrested after 1-year-old son found unresponsive, positive for Xanax Police arrested a Hialeah man after they said first responders found his 1-year-old son, who later tested positive for Xanax, unresponsive early Sunday morning.

Tallahassee, FL – May 19, 2023 – Tampa Bay Newswire- Florida Youth SHINE Secures Passage of a Bill Requiring DCF to Ramp Up its Education of Youth Just as a National Report Shows Decline in Services and Outcomes The relentless advocacy of Florida Youth SHINE (FYS), a statewide advocacy organization run by and for youth who are or were in Florida’s child welfare system, paid off recently when Senate Bill 272 passed unanimously in both houses in the Florida Legislature.

North Lauderdale, FL – May 12, 2023 – WPLG Local 10- Hospital releases nearly a dozen minors amid child neglect investigation in Broward, deputies say Doctors released a group of nearly a dozen minors who were in the hospital for checkups after Broward Sheriff’s Office deputies evacuated a house where they lived, according to a deputy’s update on Friday morning.

Broward County, FL – May 9, 2023 – WPLG Local 10- Veteran BSO special victims detective lied to sexual battery victims, closed cases prematurely, deputies say A longtime detective with the Broward Sheriff’s Office now finds himself on the other side of the law.

Miami, FL – May 8, 2023 – WPLG Local 10- Police: Man sexually assaults 8-year-old boy swimming in Goulds public pool Police accused a 24-year-old man of sexually assaulting an 8-year-old boy in public and in broad daylight at a southwest Miami-Dade community pool Sunday.

Miami, FL – May 8, 2023 – WPLG Local 10- Jewish private school fires teacher accused of sex abuse at previous schools A South Florida teacher has been arrested and charged in at least two incidents of inappropriate behavior with children.

Plantation, FL – May 7, 2023 – The Miami Herald- ‘Just another baby for them.’ Parents, feds fight for kids stuck in Florida nursing homes At the Plantation Nursing and Rehabilitation Center on Northwest Fifth Street, frail men and women with wheelchairs, walkers, and hearing aids live out their last years in an institutional setting.

Baltimore, MD – March 16, 2023 – Associated Press- Report details ‘staggering’ church sex abuse in Maryland More than 150 Catholic priests and others associated with the Archdiocese of Baltimore sexually abused over 600 children over the past 80 years, according to a state report released Wednesday that accused church officials of decades of cover-ups.

Miami, FL – March 31, 2023 – Local 10 WPLG- Man, 77, accused of sexually abusing 7-year-old girl in Miami-Dade A 77-year-old man was arrested Thursday after being accused of sexually abusing a girl in Miami-Dade County, authorities said.

Miami, FL – March 16, 2023 – Local 10 WPLG- Man accused of using Instagram to find minors for prostitution in Miami-Dade A 25-year-old man stands accused of using Instagram to prey on minors for prostitution in Miami-Dade County, according to prosecutors with the human trafficking task force.

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