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Archive for the ‘Legislative & Regulatory Issues’ Category
With regard to The Herald’s series, Innocents Lost, about the 477 children who died while known by the Department of Children and Families to potentially be at risk, the cases all involved DCF’s knowledge from prior investigations of multiple red flags for children who would be at significant risk of future serious harm or death if left with their families.
In no system should children die at the expense of keeping families together, and this is where the Florida Legislature new enactment SB 1666 placed child safety as paramount. However, this law does not change federal mandate under the Adoption Assistance and Child Welfare Act of 1980 for states to use reasonable efforts to preserve families where it can, without jeopardizing the lives of children.
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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.
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.
How much is it worth to help and protect at-risk children? How important is it to ensure our kids have services essential to their health, education and well being? Broward voters will be asked those questions in November – with implications felt for years to come.
A referendum will ask county residents whether to reaffirm the Children’s Services Council of Broward County. The organization provides early learning and reading programs, after school programs, developmental health, preventive and other children’s support services. It keeps families together and their children out of foster care, delinquency programs and prison. The Council is funded by an annual homeowner tax assessment.
How much does this cost? By one calculation, it’s about $60 for a $125,000 home in Broward County, or about $60 million countywide, spent by various organizations dedicated to protecting our kids.
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The Florida Bar News this month discussed bills in both the House and Senate that would provide state-paid attorneys for dependent children with special needs. The publication spoke with Howard Talenfeld, the Fort Lauderdale attorney who serves as president of Florida’s Children First, an advocacy group pushing the proposed legislation, and Statewide Guardian ad Litem Director Alan Abramowitz.
“It’s the first time in history we have a director of the GAL supportive of attorneys representing children,” Talenfeld said.
When Talenfeld was president of The Florida Bar’s Legal Needs of Children Committee in 2009, he fought unsuccessfully to persuade the former GAL director to support legislation that would provide attorneys for dependent children, a key recommendation of the predecessor 2002 Legal Needs of Children Commission. He referred to the child advocates’ clashing views on representation over the years as “the Crusades.”
“It’s very important to signal to the guardians of the world that the Crusades are over,” Talenfeld said the day before CS/SB 972, sponsored by Sen. Bill Galvano, R-Bradenton, passed unanimously out of the Senate Judiciary Committee on April 1.
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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Leading Florida child advocate and children’s rights attorney Howard Talenfeld addressed the Florida Senate Children, Families and Elder Affairs Committee this week, as they sought to stem a year’s worth of damning news of dozens of children who died from abuse and neglect while under the watch of the Florida Department of Children and Families and its various community based care providers and private contractors.
 Later, the Florida Senate committee passed several proposals advocates and leaders hope will improve the quality and quantity of regulation over the state’s child welfare system. The goal, in part, is to improve what Senate President Don Gaetz called “a porous system,” according to the Miami Herald.
Addressing the wide-ranging areas in need of correction, Talenfeld spoke of the need to directs DCF to keep siblings together when placed into foster case, as well as tackling child-on-child sexual abuse, expanding child safety plans and extending 60-day case reviews.
“After 60 days, it’s over,” Talenfeld said. “There’s no one watching the children. There’s no one watching the family and someone is waiting for the next shoe to fall.”
Read the Miami Herald coverage here.
A note from Florida Youth Shine: Since 2010, Florida Youth Shine has been working with on bills that would ensure normalcy while in care and that would extend foster care to 21. As a part of our outreach, you all have come to the Capitol time after time to share your stories during meetings with legislators, for conversations with Senate staff, and to testify countless times before House and Senate committees.
This year, in partnership with the Guardian ad Litem program, your hard work paid off during the 2013 legislative session when “The Quality Parenting Act” and the “Nancy C. Detert Common Sense and Compassion Independent Living Act” were passed in both the House and Senate. Congratulations to all of our members of Florida Youth SHINE who have shared their story and their voice over the last 3 years. You did it!
A special FYS thank you goes out to Senator Detert for sponsoring both of these wonderful bills in the Senate and to the entire Senate for co-sponsoring SB 1036 on Independent Living. We also send a heartfelt thank you to Representative Albritton for sponsoring The Quality Parenting Act, Representative Perry for sponsoring HB 1315 on Independent Living, and to so many of our Representatives who signed on as co-sponsors to both of these bills.
These substantial changes became law because of you. We came together to identify these challenges, we spoke to our legislators and shared our stories, and they voted in favor of a stronger support system for each of you. Congratulations for being part of Florida’s history!
Read FYS’s entire newsletter here.
When the federal government offered some $50 million in funds earmarked for child-abuse prevention, some would have jumped at the chance to use such money to help society’s most vulnerable: Abused and neglected children. Instead, Florida lawmakers rejected the grants, which were tied to the federal Affordable Health Care Act. The reason: Lawmakers don’t approve of the Obama administration’s health care reform package.
“This is just crazy,” Gwen Wurm, assistant professor of clinical pediatrics at the University of Miami, and a board member of the Our Kids foster care agency, told the Miami Herald. “This is the model for what you want in a prevention program. They have proven results.”
What’s more, the federal Race to the Top educational-reform effort is tied to Healthy Families’ child-abuse prevention program. This could result in the loss of a $100 million, four-year federal block grant. Read the entire story here.
Rushing to make good on Gov. Rick Scott’s and the Florida Legislature’s push to test applicants, Florida social service officials mapped out and sought final public input on broad policy guidelines as the state launches its drug testing of new applicants for welfare benefits.
According to NorthEscambia.com, “Following up on legislation passed by lawmakers only a few months ago to require applicants for temporary financial assistance to take drug tests, Department of Children and Families officials said formal procedures would not be ready until mid-July at the earliest but the agency would proceed nonetheless to administer the new law.”
The Website continued, “Among a litany of concerns from stakeholders, including Florida Legal Services and the ACLU, were questions of whether applicants who test positive for drugs would be immediately flagged by DCF and risk having their children removed from their custody.” Read the entire story here.
A sweeping Florida Senate rewrite of the state Medicaid program, approved today by the health and human services budget committee will steer 2.9 million low-income Floridians into health coverage provided by managed care companies. Left behind: legal caps and liability limits for foster care providers.
According to the Palm Beach Post, “Trial lawyers and children’s advocates have been fighting the lawsuit limits, especially in the wake of the death of 10-year-old Nubia Barahona and near death of her twin brother, Victor, allegedly at the hands of their foster parents who are now facing murder charges.”
Read the entire story here.
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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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