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Proposed Law to Provide Attorneys for Disabled Children Passes House Civil Justice Sub- committee

Tallahassee, Fla. – (February 19, 2014) – By a unanimous vote, HB 561, sponsored by Representative Erik Fresen (Miami), was approved by Florida’s House Civil Justice Sub-committee today. The proposed bill would provide attorneys for Florida’s disabled children who linger in foster care for an average of up to five years, and sometimes longer.

“In order to protect the well-being and welfare of one of our most vulnerable populations in the State of Florida, our disabled dependent children, we must provide them with additional tools,” said Rep. Fresen, the bill’s House sponsor. “By providing these children legal representation, we are helping to ensure that all of the benefits afforded to them are delivered with the ultimate goal of finding permanent residency.”

Under HB 561, the attorney would provide necessary legal services, including Medicare waiver benefits and, most importantly, seek to focus dependency courts on finding permanent families for these children. 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, like the Florida Agency for Persons with Disabilities, the Agency for Health Care Administration or the Social Security Administration.

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Florida Child Abuse Attorney: Five Years Later, Lessons Learned Lie Dormant

February 7th, 2014   No Comments   Uncategorized

Gabriel Myers (image from Florida DCF)After Gabriel Myers, 7, killed himself while the foster child was being treated with a “psychotropic cocktail,” Florida foster care advocates hoped momentum had built sufficiently to get through the state Legislature a series of laws designed to protect children already traumatized by sexual abuse by other abused children. Instead, the proposed rules – and momentum – died.

Now, advocates are hoping to built momentum anew. They hope to push through several measures during the coming legislative session.

If any child could serve as a case study for the need for such rules and laws, it was Gabriel. He exhibited sexual behavior problems at school and had lost a foster placement due to his troubling behavior, according to news reports.

“One of the major things we learned was that the reason he was so disturbed was that he had been sexually abused himself,” said attorney Howard Talenfeld, president of the advocacy group Florida’s Children First. “As a victim of sexual abuse, he was acting out. This was a significant part of his problem that went unaddressed.”

Read the entire story here.



South Florida Children’s Rights Attorneys Recognized as Leaders in Law by Lifestyle Media Group

January 23rd, 2014   No Comments   Advocacy, News & Events

Leaders in Law for FCAHoward M. Talenfeld, a child advocacy attorney and shareholder with Colodny, Fass, Talenfeld, Karlinsky, Abate & Webb P.A., was among the attorneys honored at Lifestyle Media Group’s inaugural Leaders in Law event. Firm Shareholder Joel S. Fass was selected as a finalist for the awards. Both attorneys, along with the other honorees, were recognized this week at Southeastern University in Davie.

Mr. Talenfeld (pictured here with Lifestyle Publisher Gary Press and First Southern Bank President/CEO Lynne Wines), has been a shareholder in the firm since 1982 and founder of Florida’s Children First, the state’s premier child advocacy organization. He focuses his practice on protecting the rights of vulnerable individuals in civil rights cases, personal injury cases and systemic reform litigation. He is also experienced in litigating complex commercial and class action cases in state and federal courts.

Among his honors, Mr. Talenfeld has been named in Florida Super Lawyers Magazine since 2006 and was selected by the South Florida Business Journal as a Key Partners Awards honoree in 2012. Additionally, he has been recognized as a “Top Lawyer” in the South Florida Legal Guide. In 2013 he was named among the Daily Business Review’s Most Effective Lawyers in the Public Interest category.

The Leaders in Law Awards is a unique program created by Lifestyle Media Group to honor the lawyers, law firms, and corporate counsel that promote excellence in law, maintain the highest level of ethics, show a commitment to their community and are proven leaders. Nominees were judged on outstanding litigation, advocacy, counseling, and advancements to the legal profession, as well as contributions to the advancement of the bar, such as public service, bar association activities, and pro bono activities.

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Florida’s Children First to Hold 2014 Broward Child Advocacy Awards & Reception on Feb. 27

January 21st, 2014   No Comments   Advocacy, News & Events

Florida’s Children First, the state’s premier child advocacy organization, will hold its 2014 Broward Child Advocacy Awards & Reception on Thursday, February 27 at 5:30pm at the 110 Tower in Fort Lauderdale (110 SE 6th Street, Fort Lauderdale 33301).

The event will honor:

Children’s Services Council of Broward County as the Children’s Advocate of the Year

Taevon Pierre & Aaron Dames as the Youth Honorees of the Year and

Forever Family Bella’s Group as the Youth Inspiration Award

Master of Ceremonies  will be Todd Templin, former WPLG reporter and current Vice President with Boardroom Communications.

Sponsors include Boardroom Communications; Colodny Fass Talenfeld Karlinsky Abate & Webb; Guardian Trust: Coral Gables Trust; Lifestyle Media Group; Daily Business Review; and Paul Palank Memorial Foundation.

For more information, contact: Debby Beck (fcf@floridaschildrenfirst.org or 954-796-0860).

We hope to see you there!



In Passing, Florida Child Highlights Fight for In-Home Skilled Care for Sick, At-Risk Kids

January 14th, 2014   No Comments   Advocacy, Disability Issues

The death of Karolina Gonzalez was more than the passing of a 12-year-old child known as a fighter to her family and children’s advocates who knew her. It was the final page in an ongoing story of a mother’s love for her daughter, and her battle with state health administrators to receive skilled in-home care for her daughter so Karolina could be cared for at home – and not institutionalized in a nursing home. Karolina’s struggle is over, yet she remains the personification of many families’ struggles to receive the in-home care needed to live “normal” lives.

Karolina suffered from the rare genetic disorder called Marshall-Smith Syndrome. Those affected often suffer severe breathing impairments, facial abnormalities and irregular bone maturation.

From when Karolina was diagnosed at age 4, her mother Marcia Saladin battled Florida healthcare administrators for their refusal to offer round-the-clock in-home assistance – and force parents either to provide the care or institutionalize affected children. The financial, physical and emotional burdens for many are insurmountable. The United States government eventually joined the battle.

Institutionalization was not an option for Saladin and Karolina. Hardships notwithstanding, Saladin appealed the state’s ruling and convinced the Agency for Health Care Administration to reverse its policy. 

Howard Talenfeld, the attorney who handled the family’s appeal, told the Miami Herald, “She inspired us all to fight for her and other children just like her. This was a little girl who couldn’t walk, who couldn’t talk, but she touched all of our lives.”



Florida Children’s Rights Attorney Calls for Gov. Scott to Make Right Call for DCF Head

In a letter entitled, “Scott and DCF must get it right,” Florida children’s rights attorney Gloria Fletcher argues in the Tallahassee Democrat that she and other child advocates are watching closely as Gov. Rick Scott weighs candidates and implications surrounding his next choice for secretary of the Department of Children and Families. The reason is clear, she says.

“The post and agency have been among the highest-profile — and most embattled — in the state over the past few years. The facts are heart-wrenching. More than two dozen children known to be at risk or under the watch of DCF have died in the past few years.”

“Like the governor, the candidate should have one over-arching belief,” Fletcher writes. “The mission of DCF is to serve at-risk kids and to ensure that the providers paid by the state to care for the state’s most vulnerable are held accountable for providing professional services. The kids must come first.”

Read the entire letter here.



Child Advocate: Should Permanent Florida DCF Chief Come From Within the Agency?

As Florida Gov. Rick Scott mulls the naming of his next permanent secretary of the Florida Department of Children and Families, the post invariably will require someone up to the rigors and demands of the job. After all, dozens of children have died while under DCF watch. This leaves some to wonder whether the governor should look outside the agency – or first consider someone already there.

The post will be difficult to fill also because the term could be short, depending on outcome of the 2014 election.

Howard Talenfeld, a children’s rights lawyer and child advocacy attorney, and president of the watchdog group Florida’s Children First, admitted to a reporter recently that filling the post creates “a huge challenge” in “getting a quality secretary who would not have even a year to serve.”

Maybe the answer can be found within the agency, Talenfeld said. “”I would be hopeful that the department looks at some of the people who are there. There are some quality folks.”

Read the entire story and interview here.



Florida’s Vulnerable Children Need Your Support This Holiday Season – And All Year Long

December 23rd, 2013   No Comments   Uncategorized

Did you know some 19,000 children in the state of Florida won’t have a permanent and loving home this holiday season? Your financial support can help to protect these children. Help a foster youth have love and support this holiday season with Florida’s Children First.

Florida’s Children First is the state’s premier child advocacy organization. Donating just $10 today will help FCF protect the rights of not just one child, but all children in care – all year long.

Florida’s Children First receives no state or federal funding. We rely on the generous donations of people like you to continue advocating for the rights of children.

Donate Here

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Increased Scrutiny Makes Gov. Scott’s DCF Appointment Critical for Future

By Howard Talenfeld

The post of Secretary of the Florida Department of Children and Families is one of the toughest jobs in Florida – and especially in Tallahassee. With the deaths of more than 20 foster children and at-risk kids under DCF watch, the result has been heightened scrutiny upon the agency. It also resulted in the resignation of embattled chief David Wilkins who was replaced by interim Secretary Esther Jacobo, who has taken some important first steps to fix the system by bringing in qualified child welfare experts to assess Florida’s failing system.

So, whomever Gov. Rick Scott names to replace Mr. Wilkins permanently must be ready for the challenge.

But more than battle-tested for the rigors and scrutiny of Tallahassee, the appointee has to be a child welfare professional who will prioritize protecting children over all others.

Never has the post of Florida Department of Children and Families Secretary been of a higher profile and importance than it is today. Cases of death, caretaker abuse, child-on-child sexual abuse, and children languishing in the system without permanent placement have now surfaced to the public spotlight while privatization of Florida child protection system system is still an experiment.

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Florida Child Advocacy Attorneys Named ‘Most Effective Lawyers’; Pro Bono Win Helps Seriously Ill Child, Family

December 7th, 2013   No Comments   Advocacy, News & Events

Howard Talenfeld, a Fort Lauderdale child child abuse and child advocacy attorney and shareholder with Colodny, Fass, Talenfeld, Karlinsky, Abate & Webb P.A., along with firm associate Nicole Coniglio, have been named the Daily Business Review’s Most Effective Lawyers in the Public Interest category.

The two child advocacy and Florida foster child attorneys were recognized specifically for their pro bono work representing a child and her family in an Agency for Health Care Administration hearing. The family was contesting AHCA’s denial of vital services for the child. As a result of their representation, the hearing officer determined AHCA was required to provide 24-hour, in-home care by skilled registered nurses, and not the part-time care by licensed practical nurses AHCA had been providing.

“We are honored to receive this honor, but more importantly to have helped this child and her family and many others in similar circumstances,” Talenfeld said. “Their story was like so many other children and families who struggle with trying to keep medically fragile children at home instead of placing them in nursing homes. Now, the child can remain at home and receive the care she needs from practitioners skilled in delivering that care.”

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Florida At-Risk and Foster Child Attorney Explores DCF Ills on Local News Show

Howard Talenfeld on PutneyFort Lauderdale child advocate and Florida foster child attorney Howard Talenfeld, who has brought suit in many cases of wrongful death and sexual abuse and physical abuse perpetrated against Florida’s at-risk children, was a guest as Local 10’s Michael Putney discussed issues with Department of Children and Families. This comes after at least 25 children have died since April at the hands of abusive and violent parents or other caregivers. All 25 kids were known by DCF officials.

The topic was “The state Department of Children and Families and its inability to prevent the deaths of many children under its care” since April this year, utney said. “It’s an alarming trend and one that must stop.”

Watch the entire episode here.



Florida Department of Children and Families Sued for Disabled Child’s Death in ‘Warehousing’ Practice

November 15th, 2013   No Comments   Abuse, Court Cases

In a case attorneys for Florida foster children and other medically at-risk youth have watched closely, Florida Department of Children and Families was sued this week when a girl died following a move from her Tampa home to a geriatric facility in Miami Gardens. Though the former practice of “warehousing” medically fragile children has been reduced or resolved, attentive care for medically needy kids remains an issue.

Florida Child Advocate covered the original story and editorials about it back in November 2012. Now, the mother of the teenage girl from Tampa who died being taken from her mother under DCF orders and driven five hours to a Miami Gardens geriatric or senior nursing home has sued DCF and its agencies for the girl’s death. Read the news story here. 

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