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Foster Child Abuse Attorney: Psychotropics and Kids Wrong Mix

The 2009 death of 7-year-old Gabriel Myers, an abused foster child found hanging from a shower fixture in his foster home in Margate, Florida, shone a bright light on the state’s policy of allowing doctors to prescribe psychotropic drugs on foster kids. His suicide was a horrible tragedy – one that led to outrage and supposed reform. Six years later, advocates and attorneys who fight for the rights of foster children who suffer child abuse, sexual abuse, and other physical and personal injury have discovered little has changed.

Gabriel Myers (image from Florida DCF)The same “black box” medications Gabriel had received, even though they were intended for adults, at the time were part of a list the Department of Children and Families found were given to 16 percent of cases where foster kids were medicated – often without the consent of a parent or judge.

Despite all this, the practice continues. The preliminary report from the researchers with Florida’s child-protection system revealed that 11 percent of foster kids today are prescribed these psychotropic medications without caregivers following proper procedures, according to the Florida Institute on Child Welfare at Florida State University.

That’s 2,434 of 21,899 children who had open prescriptions for at least one psychotropic drug. Further, of 140 of the children’s files reviewed, only one in five met the requirements for administering psychotropic medications, often with consent forms that were completed late – if they were completed at all.

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Attorneys, Advocates for Child Abuse Victims Gather for FCF Awards

September 22nd, 2015   No Comments   Abuse, Advocacy, Florida's Children First

This week, child advocates, attorneys who fight for abused, neglected, and injured children, business leaders, and others interested in protecting Florida’s foster children from sexual abuse, physical neglect, and other personal injury, gathered for the annual Orlando fundraiser for Florida’s Children First (FCF). The event was held Sept. 17.

Founded by Howard Talenfeld, the state’s premier child abuse personal injury attorney, the preeminent statewide advocacy organization FCF honored child advocates in Orlando at its annual fundraising and awards event. Community and business leaders and all other persons concerned about the future of Florida’s children, especially abused, abandoned and neglected children and youth, gathered to laud Child Advocate of the Year, Melissa Landry.

Ms. Landry is not only Guardian ad Litem volunteer, but she is a true child advocate. Ms. Landry’s commitment to children is more than a personal decision, it is a family affair. Ms. Landry and her mother Brenda have both been Guardians ad Litem for more than six years and went through training at the same time.

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Fort Lauderdale Child Abuse Attorney Recognized for Career Spent Helping Neglected Kids

September 17th, 2015   No Comments   Abuse, Advocacy, News & Events

Throughout her career, Stacie Schmerling, a lawyer and partner with Fort Lauderdale foster child abuse law firm Talenfeld Law, has pursued the child advocacy and protection. Now, Stacie has rightfully been recognized by one of South Florida’s leading legal and professional publications for her accomplishments.

STACIEThe Daily Business Review recognized Stacie as a “Rising Star,” making her one of 40 Miami-Dade, Broward and Palm Beach county civil practitioners and law firm partners who hold leadership or mentoring positions within their firms and have advocated for their clients. In Stacie’s case, those clients have included children physically abused, sexually abused, neglected, or injured while under the care of or known to be at risk by state social services organizations.

Her story in the DBR begins below. We applaud Stacie for her successes. Honestly, though, the praise she’s receiving from the DBR is something her partners, peers, and clients have realized for years.

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Child Abuse Attorney: Death of Teen in Miami-Dade Juvenile Detention Raises Concerns

Not all teenagers are model citizens. Those who find themselves in juvenile detention might have committed acts or crimes or otherwise left the police with no options but to detain them. But when a child in juvenile lock-up is injured while in detention, some child abuse attorneys believe it’s the responsibility of the authorities to attend to those injuries.

This week, a 17-year-old died while in the custody of Miami-Dade juvenile lockup. Elord Revolte was injured in a clash with other detainees but the staff waited until the following day to take him to the hospital. Read the story here.

County and state juvenile justice administrators are left to determine why Mr. Revolte’s injuries were not attended to, and attorneys who advocate for children abused or injured in the child welfare or criminal justice systems are left again to wonder what went wrong.

The tale is not unique. Mr. Revolte was a foster child who had been roaming the streets. When he died in detention following his arrest on Aug. 28, he became the second such child death in a Department of Juvenile Justice detention center this year, according to news reports.

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3 Tips to Avoid Abuse by Youth Sports Coaches: See Something, Say Something

August 14th, 2015   No Comments   Abuse, Advocacy, Commentary

The news media recently reported about a youth league baseball coach being arrested – for at least a second time – for molesting children under his supervision. He was identified as a longtime coach with a South Florida Optimist Club. Parents had allowed the coach to have unsupervised sleepovers with a player from his team, “despite the multiple previous arrests involving molestation on his record,” the media reported.

The previous arrests led to no convictions, so background checks the league says it performed came up clean.

That is not good enough. Parents with children in youth sports or cheerleading programs must be vigilant in protecting their children from physical abuse, sexual abuse and the harm from predators.

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Leading Child Abuse Attorney Howard Talenfeld Named a 2015 Civil Rights Super Lawyer

August 8th, 2015   No Comments   Advocacy

Fort Lauderdale, Fla. – Howard M. Talenfeld, one of the nation’s preeminent children’s rights attorneys, was selected to the Florida Super Lawyers Magazine’s 2015 Civil Rights Super Lawyers list. Only five percent of attorneys in Civil Rights Law are awarded this honor. Talenfeld has also been named in the “Top 100: 2014 Miami Super Lawyers” list, which recognizes attorneys garnering the highest point totals in the Florida nomination, research and review process.

Talenfeld is the Founder and Managing Partner of Talenfeld Law, the first law firm in Florida to focus exclusively on protecting the rights of physically and sexually abused, medically fragile, foster and other at-risk children. He is known throughout the legal community and national media as having established the nation’s premier children’s rights practice. His work on behalf of at-risk individuals has earned multimillion dollar awards and resulted in sweeping judicial and legislative reforms.

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Talenfeld Law Child Advocacy Lawyer Named Rising Star

July 27th, 2015   No Comments   News & Events

Talenfeld Law Partner Stacie Schmerling recently was recognized as a “Rising Star” by the Daily Business Review – the leading South Florida publication for the legal profession. A long-time child advocate who pursues cases of child abuse, sexual abuse, physical abuse perpetrated against children by organizations and institutions entrusted to care for them, Stacie was recognized as a South Florida lawyers under the age of 40 who is making a difference in the community and will continue to do so in the future. Read more here.

Stacie helped found Talenfeld Law after a successful career in child advocacy law and social services. She had been an associated in the Foster Care/Disabled Persons Damages Division of another law firm, where she practiced in the area of civil rights and child welfare.

She received a Certification in Child Advocacy from Montclair State University in 2002. This Post-Bachelor of Arts Certificate Program emphasized a multidisciplinary understanding of the child advocate’s role as seen through the disciplines of law, sociology and psychology.

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Like the Broward Bar Young Lawyers, Raise Money to Help Florida’s At-Risk Foster Kids

In our shared mission to help and protect children and foster children who are the victims of sex abuse, child abuse, emotional harm and other abuses, the Young Lawyers Section of the Broward County Bar Association has partnered with Florida’s Children First for a fundraising effort through August 1st.

For every FACEBOOK LIKE that the Young Lawyers section gets, they will donate $1 to FCF, up to $1500. Just:

1. Click HERE to access the Young Lawyers page
2. Click the like button of the Young Lawyers’ Facebook page

That’s it!

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Florida’s Children First Earns Prestigious Child Advocacy Award

Florida’s Children First, the premier statewide nonprofit organization dedicated to advancing the rights of at-risk children and youth, especially those in foster care, received from the Florida Bar Foundation the recipient of the 2015 Paul Doyle Children’s Advocacy Award for its “Counsel for Dependent Children with Special Needs” Project.

Through the passing of House Bill 561 last year, this project secured the right to counsel for dependent children in five categories. FCF and Florida Legal Services were also selected as second runner-up for the “Medicaid to Age 26” Project.

The awards were presented at Foundation’s 39th Annual Reception & Dinner at the Boca Raton Resort and Club.

“Since our beginning in 2002, Paul Doyle and the Foundation believed in FCF’s mission to seek legal representation for Florida’s most vulnerable children. To receive the Foundation’s most prestigious award is the highest achievement that we as an organization aspire to,” said Howard Talenfeld, president of FCF.

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Advocates Ask: Sarasota Girl Stabbed after DCF Knew of Family Risks?

Florida child advocates and attorneys who fight for the rights of abused, neglected and physically abused and sexually abused children are awaiting more information following the stabbing of a young Sarasota, Florida, girl, allegedly at the hand of her mother.

The 6-year-old girl was left fighting for her life in the hospital. Meanwhile, her mother, Ashley Parker, was jailed on charges of attempted murder. In late June, Sarasota police were called to the family home to find the daughter stabbed in the stomach and legs. The child’s “insides were hanging out with Band-Aids on her stomach,” according to police reports.

To those who know the family, this isn’t the first time the authorities have had to respond to the family’s home. Some reportedly believe that the Florida Department of Children and Families should have done more and ultimately failed the young girl.

“What I really think they should’ve did is took the little girl out of the house,” a neighbor told the news media. “The little girl would go to crying and shaking and stuff like that she was very afraid of her.”

DCF reportedly isn’t saying much. Some recall the case of Phoebe Jonchuck, the 5-year-old whose father threw her off a bridge into Tampa Bay. Her father, who later was charged with her murder, was known to be a risk to the child.

If the Department of Children and Families knew of problems in the Parker household, then questions will arise anew about what DCF officials knew, when they knew it, and – if they failed to act – why the girl was left in harm’s way.



Florida Child Abuse Attorney Named ‘Super Lawyer’

Howard Talenfeld, the premier child abuse attorney and child sexual abuse lawyer who represents abused, disabled and injured kids, has been named a South Florida “Super Lawyer.” Talenfeld won the award for the civil rights category and is recognized as among the top attorneys in Florida.

Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The selection process includes independent research, peer nominations and peer evaluations.
Super Lawyers Magazine features the list and profiles of selected attorneys and is distributed to attorneys in the state or region and the ABA-accredited law school libraries. Super Lawyers is also published as a special section in leading city and regional magazines across the country. In the United States, Super Lawyers Magazine is published in all 50 states and Washington, D.C., reaching more than 13 million readers.

Since the 1980s, Talenfeld has focused his practice exclusively on protecting the rights of vulnerable individuals in civil rights cases, personal injury cases and systemic reform litigation. He has litigated cases that have resulted in multimillion dollar settlements and jury verdicts that changed how governmental and private institutions care for children and the elderly.

As one of America’s leading children’s rights, injury, and child disability attorneys representing the needs of abused and neglected children, especially in cases of foster child abuse, child sexual abuse, child rape, and other harm and abuse of children in the child welfare system, Talenfeld’s work has resulted in multimillion dollar damage awards and has created systemic change in how government agencies and private institutions care for those vulnerable individuals.

He began his career involving at-risk children, seniors and the developmentally disabled in the 1980s and 1990s, when he represented the state of Florida in its major class-action lawsuits 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.



Former Foster Kids Highlighted in NBC6 Forever Family Profile

June 3rd, 2015   No Comments   Advocacy

Florida’s Children First, the state’s premier advocacy organization supporting foster children state-wide, strives to work closely with other groups and services that highlight the challenges and successes of foster kids throughout Florida. FCF thanks Forever Family, Gia Tutalo-Mote and their affiliates for documenting Florida Youth SHINE’s efforts this year to bring awareness to the issues that affect our foster youth.

In the video below, NBC6, which often features a child waiting in foster care to be adopted, recently introduced viewers to three remarkable former foster kids, who were never adopted, but who have taken their fight for children’s right all the way to Tallahassee.

Team 6’s Gia Tutalo-Mote was right there with them.

Forever Family news stories and on-air promotions highlight children in foster care who are searching for adoptive families, teens ‘aging out’ of foster care, and issues relating to the the American foster care crisis. These stories air on major broadcast television stations and are crafted to engage and motivate the public to action.