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Archive for the ‘Department of Children & Families (DCF)’ Category
It was an especially successful legislative session for at-risk, medically needy and other foster care children throughout Florida. After passing the Legislature with bi-partisan support, two bills were signed into law this week by Governor Rick Scott ensuring Florida’s most vulnerable children have the best care from the Department of Children and Families, and skilled legal representation when in the dependency system.
The first bill was an overhaul of DCF’s child welfare process. The second bill “could begin to give voice to children long rendered voiceless,” the Miami Herald wrote. Howard Talenfeld, a leading child advocacy attorney and foster care damages lawyer and supporter of the new laws, had said this has been a long road.
“It’s been our mission since 2002 to enact a law like this because disabled children are the most vulnerable children to come into our child welfare system. Unfortunately, they have to face a maze of bureaucratic hurdles in order to obtain the benefits they need to be safe and to survive in the foster care system,” the Herald quoted Mr. Talenfeld, who also is president of Florida’s Children First, the state’s premier child advocacy organization.
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North Florida and Gainesville foster child attorney and children’s advocate Gloria Fletcher wrote this letter in response to news that a 2-year-old boy, Justin Polk, was beaten and strangled to death in an Orlando-area hotel room. While no one’s been charged with his death, the Florida Department of Children and Families had been called to Justin’s home several times for reported domestic violence. If the reports were true and had Justin survived, writes Ms. Fletcher, who also serves on Florida’s Children First, he might have continued to live amid the cycle of abuse that scars society. We must break that cicle. Below is her letter…
Child advocate attorneys like myself in Gainesville, Ocala and throughout North Central Florida often fight in courtrooms and the public realm to protect the rights, health and welfare of Florida’s at-risk children. But all too often, the worst abuses go on in places we cannot see or reach – behind the family’s closed doors.
That’s apparently where 2-year-old Justin Polk died this month. He died in an Orlando hotel room of blunt force trauma and strangulation. No one has been charged with his death, though his mother and her boyfriend were arrested on charges of child abuse.
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State Senator Eleanor Sobel (D-Hollywood), a staunch advocate for the state’s at-risk children and chairwoman of the Senate’s Children, Families and Elder Affairs Committee, has spoken out against the Department of Children & Families investigation records relating to kids who died under DCF watch “a cover-up and a whitewash,” according to news reports.
The investigation explored the agency’s inability to present documents and records regarding the kids’ deaths, especially those of 30 children in Palm Beach, Martin, St. Lucie, Okeechobee and Broward counties in DCF’s Southeast Region. Some have suspected possible destruction of child death records.
“I just think this is a huge cover-up that is going on to save their jobs and protect their public image at the expense of these kids,” Sen. Sobel was quoted in the Miami Herald. “They are obstructing information, they are obstructing justice, and they are obstructing transparency.”
At the request of the newspaper, the inquiry by DFC resulted in no records, files, emails or even hand-written notes.
“…though the inquiry was designed to quell criticism that DCF was hiding details — and entire records — regarding the deaths of children the agency is tasked with protecting, agency watchdogs and children’s advocates now have no means of scrutinizing the work product,” the paper reported.
Read the entire story here.
Attorney and lawyer advocates for Florida foster care children and at-risk youth are following the story of a boy strangled in Central Florida. The Florida Department of Children and Families reportedly had visited at least three times over the past few years the family of a boy whom the Orange County Sheriff office says was strangled this week. His mother and her boyfriend have been arrested and charged with abuse. This brings closer to 500 the number of deaths of children who were known to be at risk by DCF.
In this sad case, 2-year-old Justin Polk was found unresponsive at an Orlando-area motel. Investigators attributed his death to blunt force trauma and strangulation. His mother, Merissa Anderson, and her boyfriend, Jonathan Charapata, were arrested on child abuse charges.
In documents released later by Florida Department of Children and Families, it was revealed DCF had investigated the family three times in the last two years, according to News13.
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For as long as any Florida child advocate or children’s rights attorney can recall, Florida case law has said children have no constitutional right to an attorney in dependency court. That has meant kids’ futures would be decided with no attorney advocating for their needs, lives or futures.
In what some believe is a watershed moment for at-risk and vulnerable children statewide, the Florida Legislature this year passed House Bill 561. The measure requires the appointment of and payment for an attorney ad litem for Florida’s at-risk children facing court or dependency court proceedings. Read a Daily Business Review article.
Written in part by Howard Talenfeld, a leading Florida child advocacy attorney and shareholder with Colodny, Fass, Talenfeld, Karlinsky, Abate and Webb, P.A., the measure awaits the signature of Gov. Rick Scott. With widespread, bipartisan support – and the backing of advocates statewide – it is hoped this measure will be signed and children will received the professional advocacy they so desperately need.
Following through on his promise to address hundreds of the death of hundreds of children under the watch of the Florida Department of Children and Families, new DCF Interim Secretary Mike Carroll named the agency’s first statewide fatality prevention specialist. Lisa Rivera, a 17-year veteran with the agency who started as a child abuse investigator, is now the the agency’s top child death administrator.
The news comes in Carroll’s second week on the job – and amid calls for changes to how the agency addresses and tracks at-risk children. Read the entire story in Florida’s Children First, the state’s premier child advocacy organization.
Florida’s Children First with the assistance of many child advocates was able to help pass historic legislation that created sweeping changes in children’s rights issues, including the right for disabled children to have an attorney in their dependency cases. Read a recap of the legislation here.
 Thanks to Carol Marbin Miller with the Miami Herald for shining the light on such tragedies like the death of Tamiya Audain, the 12-year-old autistic girl whose mom died and agencies never got her Medicaid Waiver benefits or found a safe home for her to live in.
Thanks to Senator Bill Galvano (Bradenton), Representative Erik Fresen (Miami), and Senator Rob Bradley (Orange Park), Department of Children and Families Secretary Esther Jacobo, Florida Bar President Eugene Pettis and Statewide Guardian Ad Litem Director Alan Abramowitz for making this legislation a top priority.
A last-minute amendment to SB 1666 submitted by the Department of Children and Families and the governor’s office Friday was withdrawn and the Senate passed the bill unanimously to applause, the Miami Herald reported. SB 1666 is the Senate’s overhaul of the child welfare laws.
“Sponsored by Sen. Miguel Diaz de la Portilla, the 135-page amendment so late in the process was significant enough to prompt Sen. Andy Gardiner to call for a time out to give members time to absorb what the proposal would do,” the Herald reported.
“The ‘strike-all’ amendment would make several significant changes aimed at tamping down some of the provisions and oversight over the department, according to a document obtained by the Herald/Times. The summary of the amendment says many of the reforms would cost too much money.”
Read the entire Herald story here.
When child welfare authorities tried to keep three children in the home their cousin recently had died of apparent abuse, a Miami judge lashed out at administrators. Miami-Dade Circuit Judge Rosa Figarola labeled the Department of Children and Families’ handling of the case “troubling,” and refused DCF’s request Tuesday.
Figarola “instead ordered the children into foster care,” the Miami Herald reported. “The next day, Figarola shot off a blistering email to agency administrators, accusing them of seeking to leave three small chidlren in harm’s way.”
The case stems from the death of 3-year-old Gerardo Perez, who was unresponsive at Homestead Hospital with bruises and bite marks on his body. His teeth were severely rotten teeth. He died on Monday. Child welfare authorities first sought to remove the other children. Then they asked a judge to leave the children, ages 3, 2 and 1, with their father, who pledge to keep the dead boy’s mother and his sister out of the house.
“The handling of this case illustrates that the same systematic failures that have plagued the Department and given rise to the devastation we recently observed are still being executed,” Figarola wrote. Read the entire story here.
For foster child advocates and the attorneys who strive to protect at-risk children from assault, physical abuse, sexual abuse and other personal injury, the word is getting around: The Legislature must act to protect these children. It also must compel the Florida Department of Children and Families to do more to meet its mandate to see that kids under its watch are, in fact, protected.
In that regard, the Legislature has led the charge for change. DCF Interim Secretary Esther Jacobo has welcomed more collaboration to protect children. And the news media, which released an investigative report on the deaths of 477 children under DCF watch, has been working in the public interest in covering this closely.
The Tampa Bay Times this week published a letter to the editor on the issue. Written by child advocate and foster care abuse attorney Howard Talenfeld, the letter applauded the Legislature’s actions, while calling for closer oversight of DCF. Read the entire letter here.
The more that Floridians know about these issues, the safer our children will be.
By a unanimous vote, SB 972, sponsored by Senator Bill Galvano (Bradenton), was approved by Florida’s Senate Children, Families, and Elder Affairs Committee today with overwhelming support. The bipartisan, bicameral initiative would provide attorneys to children with disabilities in foster care, many of whom linger in foster care longer than their peers, for an average of up to five years, and sometimes longer. Representative Erik Fresen (Miami) is the sponsor of the House companion bill HB 561, which also passed unanimously during its first committee meeting.
“We are grateful to the hundreds of volunteers across the state who give their time to help our children through programs like GAL and other local legal aides, but we have a moral obligation to make sure all of our medically fragile children and their families get the care they need,” said Sen. Galvano.
Under SB 972, the attorney would provide necessary legal representation in administrative and court hearings to help children obtain the services and support they need to be safe and well and to find permanent families. Recognizing the need for skilled representation, these lawyers would represent disabled children in applications for benefits and denial of benefits from the state and federal agencies, such as the Florida Agency for Persons with Disabilities, the Agency for Health Care Administration or the Social Security Administration.
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The Florida Department of Children and Families is facing renewed scrutiny in the media and the Florida Legislature after an investigation by the Miami Herald revealed the deaths of 475 children known by the agency to be at risk of child abuse, neglect or grievous harm. Child advocate and child abuse attorney Howard Talenfeld, also president of Florida Children First, says the problem is existing Florida requires cases be closed within two months – regardless of the investigators’ findings.
The law must change.
“The problem is, we have a state statute that says after 60 days the investigation is closed and so the investigations are closed and there is no follow up in many cases with respect to services the family and a child needs to protect the child,” Talenfeld told NBC Miami.
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Jacksonville, FL – September 20, 2024 – Action News Jax- Duval County teacher under investigation after 8-year-old is injured A Beauclerc Elementary School teacher is being investigated by Duval County Public Schools after a physical incident with an 8-year-old student.
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.
Orlando, FL – September 2, 2024 – Orlando Sentinel- Autism drowning deaths prompt push for children’s specialized swim lessons Drowning is the number one cause of death for kids with autism and Florida leads the nation in fatalies.
Aventura, FL – August 5, 2024 – WSVN News 7- Parents arrested after leaving toddler in hot car while they shopped at Target in Aventura, police say A man and woman were arrested on child abuse charges after allegedly leaving their 2-year-old child in a hot car while they shopped at Target in Aventura.
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).
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As Governor Signs Bills, Legislative Session Proves Good to Florida’s Medically Needy, Dependent Children
It was an especially successful legislative session for at-risk, medically needy and other foster care children throughout Florida. After passing the Legislature with bi-partisan support, two bills were signed into law this week by Governor Rick Scott ensuring Florida’s most vulnerable children have the best care from the Department of Children and Families, and skilled legal representation when in the dependency system.
The first bill was an overhaul of DCF’s child welfare process. The second bill “could begin to give voice to children long rendered voiceless,” the Miami Herald wrote. Howard Talenfeld, a leading child advocacy attorney and foster care damages lawyer and supporter of the new laws, had said this has been a long road.
“It’s been our mission since 2002 to enact a law like this because disabled children are the most vulnerable children to come into our child welfare system. Unfortunately, they have to face a maze of bureaucratic hurdles in order to obtain the benefits they need to be safe and to survive in the foster care system,” the Herald quoted Mr. Talenfeld, who also is president of Florida’s Children First, the state’s premier child advocacy organization.
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