Florida Child Advocate.com -- The Florida Foster Care Survival Guide -- is the one-stop resource for protecting the rights of children under the state’s care. We created this site for children, the families who love them, the caregivers who serve them, guardians who advocate for them, and the attorneys who counsel them in how to access resources and agencies, understand their rights, and address dependency, damages or disability claims.
Florida attorneys associated with Florida Child Advocate represent current foster children, former foster children and the physically disabled and developmentally disabled in negligence, abuse, physical abuse and sexual abuse, civil rights and damages claims against the Florida Department of Children and Families, its lead agencies and community based care providers, and other child welfare providers. These attorneys have helped recover hundreds of millions of dollars in damage claims in one of the largest and most successful Foster Care and Disabled Persons practice areas in the county.
This site is sponsored by the law firm Justice for Kids. Attorneys involved with this site include Howard Talenfeld, Stacie J. Schmerling, Justin Grosz, Nicole R. Coniglio, Lisa M. Hoffman, Lelia Schleier, Jillian E. Tate and Julianna B. Walo.
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Lobbyists and attorney advocates from the Fort Lauderdale law firm Colodny, Fass, Talenfeld, Karlinsky & Abate, P.A. successfully convince the Florida Legislature and Governor Charlie Crist to pass a claims bill to help a former foster child raped by her foster father.
According to the Naples Daily News, Gov. Charlie Crist has signed a bill that will release $1.2 million to the guardian of a mentally retarded woman who had a baby after being raped as a teen by her foster father in Immokalee.
The claims bill Crist signed Thursday afternoon was approved by the Legislature and releases the remainder of a $1.3 million settlement by the state Department of Children and Families to Darlene Achille, the guardian for her sister, Pierreisna, 26, and her 9-year-old daughter.
“The next step is obviously getting the money,” said attorney Richard Filson of Sarasota, who filed the lawsuit in 2002. “I talked to Pierreisna and she is very happy. … They’re living in a small apartment. It’s good news to them.”
MIAMI (AP) — A few months after a 10-year-old child was placed with eight other children in a Tampa foster home overseen by a single mom, a 13-year-old boy sneaked into his room and raped him in 2005.
But Hillsborough Kids Inc., a state contractor that placed the boy, says it’s not liable because it subcontracted with another agency which directly cared for the boy. They contend the state Department of Children and Families is ultimately responsible for overseeing its providers, according to court documents.
The lawsuit filed on behalf of the boy has dragged on for three years and is the crux of an ongoing argument between DCF and the contractors it hires to place and monitor foster children: Who should be financially responsible when one of the children is harmed?
That question has major repercussions for both taxpayers and the children. If it’s the state, the contractors would be off the hook and a victimized foster child would be limited by law to receiving $200,000 in damages from the state unless the Legislature approves a higher amount. If it’s the contractors, an injured child could receive whatever damages a court awards up to a $3 million per incident and it would be paid by the contractor and its insurance company.
Child advocates say DCF and its contractors are trying to dodge responsibility and are wasting taxpayer money as discussions drag on. In the end, they say, it leaves abused children with little legal or financial recourse. The state spent more than $740 million this year on foster care, employing 21 contractors to oversee between 9,000 and 10,000 foster children.
“It’s sad and a complete waste of resources when we see each blame the other or duck behind technical defenses while the innocent foster child is suffering and waiting to get help,” said Howard Talenfeld, a child advocate and Broward County attorney.
Child Advocate Lawyer to DCF Dependency Summit: Reduce Risks & Damage Awards in the Child Welfare System
Attorney Howard Talenfeld, who focuses his practice on protecting the rights of vulnerable individuals in civil rights cases, personal injury cases and systemic reform litigation, presented at the Florida Department of Children & Families Dependency Summit on August 27 to DCF employee’s, lead agencies and other providers on Preventative Law and Early Risk Assessment.
Presenting with Talenfeld were DCF’s John Copelan, Esq., Karen Nissen of Vernis & Bowling of Palm Beach, and Derrick Roberts of ChildNet.
As an attorney and child advocate, Talenfeld has been involved in many of the significant and innovative child advocacy claims handled throughout Florida and the country. Talenfeld is perhaps best known in the child advocacy legal arena for his work as one of first attorneys nationally to utilize a federal civil rights damage statute to recover damages for injured foster children. In its 2001 case Roe v. Florida Department of Children & Family Services, the firm recovered a $5 million damage award – an amount in excess of Florida’s sovereign immunity limit of $100,000 – on behalf of six foster children.
To protect the developmentally disabled and the mentally retarded, the firm in Baumstein v. Sunrise Communities successfully argued in the Third District Court of Appeal to establish a private cause of action for damages based upon the violation of Florida’s Bill of Rights for the developmentally disabled. This decision was the first to recognize this approach which led to a significant settlement of this wrongful death damages claim.
Talenfeld represents children injured while in state care because he knows that after children in DCF custody turn 19, no one to help them get the care, treatment and support they need to face the future.
His role on this panel, though, blended both his litigation successes as well as his specialized knowledge of how to protect the rights of foster care and other children in the state’s care. (more…)
When the Associated Press reported that the state of Florida will pay more than $3 million to two foster children for not preventing them from abuse and starvation in their Hernando County home, Department of Children and Families Secretary George Sheldon termed the case “horrific.”
John Joseph Edwards Jr., 19, and his half-sister, 15, received $700,000 and $3.275 million, respectively. Their foster parents, Lori and Arthur “Tommy” Allain, received 25 years in prison for child abuse and neglect in 2006. Not only were the kids put in a dangerous home, a DCF panel that investigated said countless child welfare workers missed or ignored signs of abuse and found they allowed it to escalate.
Putting foster kids in dangerous homes, with little follow-up, and then paying settlements when things go horribly wrong has become an expensive reality — one that Sheldon is trying to correct. (more…)
Florida Today writes about the Florida Department of Children and Families study of compliance by physicians and case workers with regard to legal rules related to prescribing mental health drugs to foster care kids. The publication commented that they report was “disturbing and demands action.”
The conclusions — of both the study and Florida Today’s editors — are correct: The practice is too widespread, with too little oversight.
Yet this should be just a starting point. If it were to conduct a similar study, I believe the Florida Agency for Persons with Disabilities ( APD ) would arrive at similar conclusions, namely that group home operators often are administering these medications without the proper power of consent from families or guardians, and physicians aren’t obtaining appropriate histories and conducting appropriate physical or behavioral examinations.
The improper use of psychotropic medications has hit near epidemic proportions in the Florida foster care and group home setting. The public first realized this with the April suicide of Gabriel Myers, 7, and weeks later, with a wrongful death lawsuit filed following the overdose of Denis Martez, 12.
Florida Today’s editorial helps raise public awareness of this important issue. We all should keep awareness high so we can remedy this serious situation. Read the full editorial here.
Martha Quesada shed tears but was the poignant focal point of a press conference this week as she discussed her demands for justice for the death of her 12-year-old autistic son, Denis Martez.
His cause of death, according to the Miami-Dade Medical Examiner: Central Serotonergic Syndrome. This resulted from “the co-administration of multiple psychotropic medications with no monitoring or supervision,” the lawsuit claims.
“Tragically, this case is one of many cases where foster children and developmentally disabled children are given powerful drug to control their behavior instead of utilizing appropriate behavioral interventions,” Talenfeld said. “This is an important first step in seeking remedy for Ms. Quesada’s loss, and raising awareness of the cavalier prescription, administration of medications to control behavior with little regard for possible counter-indications or devastating results.” (more…)
A 7-year-old foster child, a career criminal and the Florida Department of Children and Families led the headlines regarding the foster care and child welfare arena across Florida and the nation over the past few weeks. Here are summaries of some of those and other stories…
In one of the biggest stories, The New York Times reported on April 30 in Suit Contends City Failed to Prevent Adoption Fraud, how lawyers contended in a lawsuit that New York City violated the rights of 10 disabled children who were adopted more than a decade ago by Judith Leekin, a former Queens woman now in a Florida jail and who abused them and used government subsidies meant for their care to support a lavish lifestyle.
The Miami Herald on April 30 wrote State probes apparent suicide of foster child, 7, an opening reporting salvo by journalists and columnists in what we expect to be a very chilling and alarming case – that of Gabriel Myers, the boy who took his own life at a Broward County foster home after a stormy nine-month odyssey through the state foster-care system and the questionable use of psychotropic drugs used to quell problem children.
As one of the children looks on, attorneys Howard Talenfeld and Ted Babbitt discuss their federal lawsuit against New York City's Administration for Children's Services in the case of Judith Leekin's abuse of the foster care system and 10 children in her care.
Calling her rapacious, her foster home a “house of horrors,” and the case “one of the worst child welfare disasters in the history of this country,” attorneys for 10 former foster care children of now-imprisoned foster mom Judith Leekin spelled out their case for damages this week before more than a dozen journalists.
Attorneys Howard Talenfeld, partner with Colodny, Fass, Talenfeld, Karlinsky & Abate, P.A., in Fort Lauderdale, Florida, and Ted Babbitt, partner with Babbitt, Johnson, Osborne & Le Clainche, P.A., in West Palm Beach, Florida, described the case, Leekin, and the New York City department whose job it is to oversee foster care kids and their caregivers.
The federal lawsuit claims New York City failed to properly screen Leekin, who – according to the Associated Press, “used fictitious identities to adopt 10 disabled children and later repeatedly abused, starved and imprisoned them in a ‘house of horrors.'” The suit was filed Wednesday in Brooklyn federal court on behalf of the children whom Leekin, now 64 and imprisoned in Florida, adopted over an eight-year period ending in 1996. (more…)
From the New York Times: New York City violated the rights of 10 disabled children who were adopted more than a decade ago by a former Queens woman who abused them and used government subsidies meant for their care to support a lavish lifestyle, according to a federal lawsuit filed on Wednesday.
The lawsuit, filed in Federal District Court in Brooklyn, claims that the woman, Judith Leekin, 64, who is now in prison, was able to carry out her scheme for so long because the city’s child welfare authorities did not adequately investigate her fitness as a mother or monitor the children’s care in her home.
Two Florida lawyers involved in the suit, Theodore Babbitt of West Palm Beach and Howard Talenfeld of Fort Lauderdale, said New York officials have refused to provide the children with what they described as any meaningful assistance in Florida since Ms. Leekin’s arrest in 2007.
“They learned no skills that would allow them to survive in this world, and yet the City of New York just turned their back a second time,” Mr. Talenfeld said. Click to read the entire New York Times article.
In a precedent setting decision, the Eleventh Circuit Court of Appeals in Atlanta upheld the right of three Florida foster children to sue for their sexual abuse in foster care.
In H.A.L. v. Foltz, two adolescent and teenage foster kids known to be sexual predators were left unsupervised with three pre-school-aged foster children in the same home. The youngsters reportedly were repeatedly raped by the older boys. The 11th Circuit Court in Atlanta let stand a civil rights action brought by the younger boys.
· Daily Business Review –– Sept. 28, 2007 — “State settles DCF case for $14 million” The state of Florida settled a high-profile case regarding a lawsuit on behalf of foster children placed by the state Department of Children and Families into care with a woman against whom multiple abuse reports had been filed.
· The Miami Herald –– May 17, 2002 — “DCF to pay $5 million to six kids in Broward.” This article references a $5 million settlement paid by the state to six Broward County children — the highest amount paid to date, and the role persistent critic and attorney Howard Talenfeld played in the case.
· South Florida Sun-Sentinel –– May 17, 2002 — “DCF to pay $5 million in siblings’ abuse case” Colodny, Fass, Talenfeld, Karlinsky & Abate Shareholder Howard Talenfeld, who sued the DCF on behalf of the children was featured in this article about the $5 million suit.
Yorkville, IL – August 12, 2025 – Fox 32- Illinois lawmaker, DCFS dispute legality of intern investigators in child abuse cases An Illinois lawmaker is accusing the Department of Children and Family Services (DCFS) of breaking state law by allowing uncertified interns to conduct child abuse and neglect investigations, while the agency says all investigators meet legal certification requirements.
Springfield, IL – April 25, 2025 – Capitol News Illinois- Illinois community-based foster homes face insurance ‘crisis’ Insurance companies are reducing the scope of coverage for some community foster agencies in Illinois, leading to higher costs, diminished coverage and fewer options for agencies who say a continuance of the trend could lead to closures.
Cook County, IL – March 24, 2025 – WCBU- Illinois’ child welfare agency failed to produce critical reports after child deaths The state agency responsible for keeping Illinois’ most vulnerable children safe has failed to produce legally required public reports after examining what went wrong in hundreds of cases of child deaths and thousands of serious injuries, the Illinois Answers Project reports.
Chicago, IL – March 22, 2025 – ABC 7 Chicago- Illinois child welfare agency’s reporting on abuse and deaths scrutinized The Illinois Department of Children and Family Services is now under scrutiny for its lack of proper reporting on child abuse and neglect cases, according to a report from the Illinois Answers Project.
Tallahassee, FL – March 9, 2025 – WFSU- Two Florida state agencies announce new tools for combating human trafficking Two state agencies are working to identify kids vulnerable to sex trafficking before they’re victimized. The Florida Department of Children and Families and the Florida Department of Law Enforcement have announced an enhanced screening tool and new grant funding for law enforcement.
Chicago, IL – January 31, 2025 – NPR Illinois- DCFS launches new app for caseworkers and families The state of Illinois is rolling out a new app to help parents of abused and neglected children better communicate with their Department of Children and Family Services [DCFS] caseworkers and with other service providers.
Broward County, FL – January 30, 2025 – The Sun-Sentinel- Broward Sheriff’s Office will stop staffing juvenile detention center in May Blaming staff shortages and an unsafe building to work in, the Broward Sheriff’s Office will no longer send deputies to work at the state’s Department of Justice’s Juvenile Assessment Center.
Chicago, Il – November 8, 2024 – CBS News Chicago- Troubled teen who escaped DCFS caseworkers was not placed into secure facility after being found A 17-year-old with a violent history escaped from his caseworkers in Chicago last month, and it turns out the foster child in the care of the Illinois Department of Children and Family Services was not placed in a secure facility recommended to the state after being brought back into custody.
Miami, FL – September 3, 2024 – Miami Herald- Rising costs of care could strain funding for Florida program for brain-damaged kids Facing withering criticism from parents, advocates, lawmakers and insurance regulators, Florida’s compensation program for children born with catastrophic brain injuries opened its bank account three years ago and improved the lives of some of the state’s most disabled children.
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.
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.
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.
