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Latest in Rilya Wilson Case: One-Time Legal Guardian Pamela Graham Probation Terminated

April 17th, 2013   No Comments   Abuse, Court Cases

Pamela Graham, the former caretaker of the foster child, Rilya Wilson, who went missing and never was found, had her probation terminated this week and her expected jail time eliminated, according to news reports. This comes after nine years of Graham’s cooperation with prosecutors in the trial and conviction of Geralyn Graham, the caretaker convicted of kidnapping and torturing Wilson.

Pamela Graham, who is not related to Geralyn Graham, in 2004 pleaded guilty to two counts of child neglect. Then last year, she testified against Geralyn Graham, her one-time live-in lover. Today, Geralyn Graham is serving out 55 years in prison for her crimes. The jury deadlocked on a first-degree murder charge and the prosecutor has said the office plans to retry Geralyn Graham on that charge.

Though Rilya – whose name is an acronym for “Remember I Love You Always” – lived a short, tortured life, her case resulted in changes at the Florida Department of Children and Families and greater awareness on how foster kids are followed by the department and other organizations.

Child Advocates Beam as Florida Gov. Rick Scott Signs Foster Care ‘Normalcy’ Bill

April 12th, 2013   No Comments   Advocacy

In a move a long time in the making, on Thursday morning, Gov. Rick Scott signed the “Normalcy” Bill (SB 164/HB 215) at the official bill signing ceremony. He was joined by 25 members of Florida Youth SHINE (FYS), a youth advocacy organization comprised of children and young adults in foster care or who have aged out of Florida’s foster care system. Florida’s Children First (FCF ) Executive Director Christina Spudeas also was in attendance.

The “Normalcy” bill will help eliminate some restrictions and reporting requirements that prevent foster children from enjoying normal activities like other kids, such as playing school sports, traveling with a youth group, or sleepovers with friends without fingerprinting and background checks.

Read the Miami Herald article on the “Normalcy” bill signing.

Guest Column: Florida Foster Kids Just Want ‘Normalcy’

April 5th, 2013   No Comments   Advocacy

Gloria Fletcher is an advocate and lawyer representing the state’s foster children and at-risk kids. So she – like so many other child advocacy attorneys and advocates – was keenly interested in the new laws passed by the Florida legislature. Read her Letter to the Editor of the Miami Herald here.

Normal. For Florida kids in foster care — and the foster parents, guardians and attorneys who advocate for their lives and futures — the word “normal” was not in their vocabulary.

They have little access to normal healthcare channels, like other kids do. They often get shuttled from one school to the next when they change foster homes. School field trips, play dates and sleepovers require approval from case managers at best or, at worst, fingerprints and background checks.

Read the rest of the letter here.

Florida Child Advocate Attorneys’ $2.2 million Settlement vs ChildNet, DCF Profiled in Local Media

March 28th, 2013   No Comments   Court Cases, Damage Claims, Department of Children & Families (DCF), Sexual Abuse

A $2.2 million settlement negotiated by attorneys for two young girls who were repeatedly sexually abused by their mother, even after experts warned and judges admonished community based care provider ChildNet Inc., and the Florida Department of Children and Families, recently was profiled in South Florida publication, Daily Business Review.

As part of the settlement, ChildNet will pay its maximum policy limit of $2 million; DCF, which contracted ChildNet for services, will pay its statutory cap of $200,000. Read the story here.

According to news releases, ChildNet and DCF refuse to accept any responsibility for their repeated and gross negligence, regardless of the settlement, said Joel Fass, a partner with Colodny Fass Talenfeld Karlinsky Abate & Webb P.A., who along with Howard Talenfeld and Stacie Schmerling were the plaintiffs’ counsel.

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Longtime Broward Child Advocate Litigator Anne Alper Joins Colodny, Fass, Talenfeld, Karlinsky, Abate & Webb Children’s Rights Division

March 15th, 2013   No Comments   Advocacy, News & Events

Attorney Anne V. Alper, who has dedicated her 25-year career to protecting the rights of vulnerable individuals, joined the Colodny, Fass, Talenfeld, Karlinsky, Abate & Webb Children’s Rights and Foster Care/Disabled Persons Damages Division as an Associate in January 2013.

With her, Ms. Alper brings extensive experience in children’s rights litigation and litigation management, and will continue to handle similar cases on behalf of the Firm.

In private practice for 15 years, she handled family law-related cases involving child advocacy, and was frequently called upon to serve as a Guardian Ad Litem and special magistrate. During that time, she incorporated into her firm the practice of insurance defense litigation, and also performed legal work involving administrative law, employment disputes and contractual obligations.

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Foster Child Attorneys, At-Risk Advocates at Florida’s Children First Raise Record-Breaking $130,000; Largest Amount Raised at a Single Event in FCF’s 11-Year History

March 2nd, 2013   No Comments   Advocacy

Fort Lauderdale, Fla. – Through the generosity of its local supporters, Florida’s Children First (FCF), the statewide advocacy organization focused on protecting the legal rights of at-risk and foster care children, broke its own fundraising records by raising more than $130,000 at its February 28 Broward awards reception in Fort Lauderdale. This money will be used toward the many programs and services the organization offers to vulnerable children around the state.

More than 250 Broward County child advocates, elected officials, judges and community and business leaders were in attendance. FCF Executive Director Christina Spudeas, along with FCF President and Fort Lauderdale children’s rights attorney Howard Talenfeld, led the event, with WPLG Local 10 Anchor Kristi Krueger serving as mistress of ceremonies.

Children’ issues reporter Carol Marbin Miller received the “Media Advocate of the Year” award. Carol has been a dedicated reporter for the Miami Herald for more than 12 years, working to expose neglect and failures within Florida’s social services. She has uncovered numerous abuses of power whose victims were among the state’s most vulnerable – our children.

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Op-Ed: Disability Rights: More Must Be Done for At-Risk Children and Their Parents

February 19th, 2013   No Comments   Advocacy, Damage Claims, Department of Children & Families (DCF)

A letter by Florida child advocacy attorney Howard Talenfeld was published today in the Daily Business Review’s Practice Focus section. Entitled, “Disability Rights: More Must Be Done for At-Risk Children and Their Parents,” the letter noted how advocates can only hope that state leaders learn that cutting budgets at the expense of at-risk children rarely delivers the result one expects – and it could lend to a class action that is certified and a federal court injunction.

Talenfeld, of Colodny, Fass, Talenfeld, Karlinsky, Abate & Webb, wrote that, “To any Florida attorney who fights to protect the rights of and prevent damages to severely disabled children, the past several years have been tough to watch.

“Children with highly complex medical conditions and who had been cared for by their parents or guardians have been wrongly denied skilled, private duty nursing hours to assist in the care. Left little choice, some parents were forced to send the children to institutions, including nursing homes.

“Many children suffered. A few died.”

Read Talenfeld’s entire letter here.

Rilya Wilson Foster Parent Gets ‘Life’ Sentence, But Was Lesson Learned by DCF?

February 12th, 2013   No Comments   Abuse, Advocacy, Court Cases

Child care advocates and attorneys who sue for the rights of foster children abused, harmed and who suffer personal injury and wrongful death at the hands of foster parents or caregivers had some reason to celebrate this week.

In a case that received national attention, Geralyn Graham this week received a 55-year sentence for the kidnapping and child abuse of little Rilya Wilson. Though the child is presumed dead, no body was ever found and the jury deadlocked on the murder charge.

Child advocate and children’s rights attorney Howard Talenfeld penned this opinion piece recently for the South Florida Sun-Sentinel. The lingering question remains: Though the lessons seemed clear to the community, and the Florida Department of Children and Families has instituted some changes, has it heard the message? One can only hope.

Save The Date: Florida Foster Child Supporters to Gather to Honor Broward Child Advocates Feb. 28 in Fort Lauderdale

February 4th, 2013   No Comments   Advocacy, News & Events

Save the date for Florida’s Children First’s Broward Awards Event on Feb. 28th at The Tower Club in Fort Lauderdale

Please join Florida’s Children First February 28, 2013, as the organization honors child advocates in the Broward area and raises awareness for child welfare issues.

 

The reception will take place at the Tower Club from 5:30-7:30pm. Business casual attire. Heavy hors d’oeuvres and refreshments will be served. RSVP HERE. For more information, call 954-796-0860 or email fcf@floridaschildrenfirst.org.

Disabled Child Attorney: In Dramatic Shift, AHCA Changes Rules to Help State’s Kids, Parents

February 4th, 2013   No Comments   Advocacy, Department of Children & Families (DCF), Disability Issues

To any Florida attorney who fights and sues to protect the rights of and prevent damages to disabled, vulnerable or foster children, the past two years have been tough to watch. Over that time, Florida’s Agency for Health Care Administration has been attempting to balance its budget on the backs of Florida’s Medically Fragile Children and their parents who want to care for them at home by violating the Federal Medicaid Act and chopping the number of hours that they are willing to reimburse parents for medically necessary private duty nurses.

Through their contracted agent, eQ Health Solutions, Inc, AHCA ignores the medical histories and the number of hours these parents have received and are entitled to in attempt to force the parents, many of whom have full time jobs to care for these children — many of whom are on ventilators, have trach tubes to breath and are fed through G-tubes. AHCA ignores the capacities or lack of capacity of many of the parents to assess emergencies and intervene with life saving procedures.

The ground is shifting. The rules are changing. In the Legislature and AHCA itself, change has come, according to this Miami Herald story.

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Divided Verdict in Rilya Wilson Child Abuse, Murder Case Raises More Questions

January 26th, 2013   No Comments   Court Cases, Department of Children & Families (DCF)

When jurors this week convicted Geralyn Graham of abusing and kidnapping foster child Rilya Wilson, who had been left in her care and later lost for almost two years by the Florida Department of Children and Families – but deadlocked on the murder charge — it represented a partial victory for the system and little Rilya. The kidnapping charge comes with 30 years to life in prison, with the aggravated child abuse bringing 30 years with five additional years for child abuse. But 10 years after her disappearance, questions and concerns still remain for those concerned about avoiding child abuse, personal injury and damages t0 Florida’s most vulnerable.

Although justice was done today when the jury finally convicted Graham of kidnapping and aggravated child abuse, Florida DCF has forgotten many of the lessons learned from the Blue Ribbon Panel about the 193 other children who are listed n DCF’s web site as missing from their placement today.

They are ages 6 through 18 and the public has no idea how long each of the children has been missing. One is as young six years old girl, and DCF does not know where she is today.

How many other Rilya Wilsons are out there. How many will perish? How many are victims of physical and sexual assault? How many are in harm way?

These are questions we need asked – and answered. Read more about Geralyn Graham’s verdict here.

Sexual Assault of Teens at Kids Shelter Has Foster Child Abuse Attorney Concerned About Security

January 25th, 2013   No Comments   Abuse, Court Cases

Colodny, Fass, Talenfeld, Karlinsky, Abate & Webb shareholder and foster child advocate and personal injury attorney Howard Talenfeld was interviewed on WSVN 7 News Miami regarding a suspected sexual abuser who attacked two teens at Kids in Distress in Wilton Manors. In the aftermath of the assault, two child care workers at the emergency shelter for abused and neglected children were fired. But the two victims could suffer life-long mental pain following the assault, Talenfeld said.

Meanwhile, police continue to search for man who jumped the fence, sexually assaulted the two teens, then ran off. Police now are distributing a police sketch of the man, who police believe has a tattoo on one shoulder and the scar from a gunshot wound on the other shoulder, the Sun-Sentinel reports.

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