What is FCA?

Child Advocacy Blog

Search

Author Archive

Florida Department of Children and Families Miami Administrator Stepping Down

Jacqui Colyer, the Florida Department of Children and Families’ Miami Director, is retiring from her post. Colyer had some two decades’ experience in social services. In an email to staff, DCF Secretary David Wilkins lauded for her “passion and commitment.” But it was the death of Nubia Barahona, and critical injuries to her brother, Victor — two adopted children under the oversight of Colyer’s office — that focused attention on the system. Three DCF workers were either fired or resigned. Colyer and four others were reprimanded for their handling of the Barahona case.

Jacqui Colyer of Florida DCF

Jacqui Colyer of Florida DCF

Still, Colyer had some successes during her time at the top. “During her tenure, the number of children removed from their parents and placed in licensed foster care dropped by 35 percent. DCF also developed 400 community centers, such as medical clinics, where struggling families could apply for food stamps. The centers made it easier for the poor to seek help at locations close to home. Colyer said the agency worked with Miami’s early learning coalition to improve the quality of licensed child care centers and provide better staff training in detecting and preventing child abuse,” the Miami Herald wrote.

A long-time community advocate and once an adoptive parent of a troubled child, Colyer will stay on in a different role with the DCF, according to news reports. Read the entire story here.

Mental Health Privatization Plan Could Harm Mentally Ill, Result in Lawsuits and Damage Claims

The Department of Children and Families plan to privatize mental health services has been called by one judge a “rush to privatization…that will harm Broward’s mentally ill” and mental health patients, and one that’s “going to take a bad system and make it even worse” by Broward Public Defender Howard Finkelstein. Worse still, attorneys and advocates believe it could result in harm, injuries, even avoidable, wrongful death — and personal injury lawsuits and damage claims.

The Sun-Sentinel wrote, “The privatization wave that has swept over so much of state government was supposed to come to Broward’s mental health administration by 2013. But budget cuts to Florida’s Department of Children & Families have prompted a speedup, with DCF now trying to hand off oversight duties to a private Miami-Dade-based outfit by Oct. 1.”

Read the entire story here.

Florida DCF Secretary Adds Investigators to Nubia Barahona Death, but Misses Lessons Learned After Rilya Wilson’s Disappearance

Florida Department of Children and Families Secretary David Wilkins plan to decrease visitation and quality assurance related to foster children in the agency’s care raises questions about lessons learned following the disappearance of Miami child Rilya Wilson. The result could be more lawsuits and damage claims lodged as vulnerable children in the system are lost or overlooked.

Visitation is a key component in the care of these children. Case workers develop the rapport of a therapeutic relationship with the children. It’s been shown that if something’s going wrong in the household, children are more likely to open up to an adult they trust. Relying on computerization and audits will not work. You cannot de-emphasize the child being visited; you cannot replace the value and impact of a quality visit – and the quality assurance that tracks visits. Otherwise, the system is operating in the dark.

Cuts have proven ominous. Earlier this year, Gov. Rick Scott ordered billions in state budget cuts, which resulted in the elimination of 500 of the DCF’s 13,000 positions.

“We made a lot of mistakes,” Wilkins told the Daytona Beach News-Journal this week. He was referring to the case of Nubia Barahona, whose adoptive parents have been charged in her death and her brother’s torture. “It heightened for me the importance of improved child safety.”

Wilkins said change is afoot. According to the paper, “He said he would take aim at practices that have been rendered unnecessary with new technologies. The requirement that DCF caseworkers visit children in their custody every 30 days — formulated in response to the disappearance of 5-year-old Rilya Wilson in 2000 — could be de-emphasized in favor of better electronic monitoring of school, medical and department records.” He added, “Don’t be afraid of change.”

Palm Beach County School Board Approves Limited Use of Prone Restraint on Special Needs Children

July 31st, 2011   No Comments   Advocacy, Special Needs

Putting aside the complaints of child advocates, a legal aid attorney, parents and two of its own members, the Palm Beach County School Board last week voted 4-2 to continue the practice prone restraint — albeit as a last resort — when for subduing special-needs children, the Sun-Sentinel wrote.

The paper also reported that “federal studies have linked the use of prone restraint in other parts of the country to injuries and deaths. A Palm Beach Post series last year noted hundreds of incidents where the technique was used and the complaints of some parents who called for a ban on prone restraint.”

Some wanted the practice banned. Barbara Briggs, an attorney for the Legal Aid Society of Palm Beach County, cited the case of an autistic kindergarten student subdued using prone restraint 14 times last year, sometimes for as long as 30 to 35 minutes. Read the entire story here.

Barahona Abuse Case Motivates DCF Secretary Wilkins to Improve Abuse Hotline

David Wilkins, secretary of the Florida Department of Children and Families, says the agency has made changes following the “horrific” child abuse case of Miami twins Victor and Nubia Barahona. Wilkins says the changes were created to help prevent abuse from occuring again.

Wilkins says DCF has put in place 19 short-term changes to improve the safety of children under its care. Changes include new procedures for hotline workers and working more closely on investigations with law enforcement. Florida children now are safer as a result of the changes, Wilkins says, according to First Coast News.

The changes follow the February discovery of Nubia Barahona, who was found dead in a garbage bag in her adoptive father, Jorge Barahona’s truck in Palm Beach County. Her twin brother, Victor, was found doused with toxic chemicals and left clinging to life. A report released from a Miami-Dade County grand jury that found DCF missed signs of abuse in the case, placed too much trust in the adoptive parents and failed to communicate effectively with child abuse investigators, according to First Coast News. Read the entire story here.

Teen Dies in Lockup, Department of Juvenile Justice Staffers Suspended, Advocates Question Hiring, Promotions

In yet another case that leaves children’s rights advocates wondering how systems and fail safes put in place to protect the vulnerable and avoid damages and personal injury and wrongful death claims get side-stepped, the Florida Department of Juvenile Justice is investigating the death of a teen in its care – and under the watch of at least one employee with questionable work records, according to news reports.

Laryell King, a guard at the Florida Department of Juvenile Justice West Palm Beach facility where an 18-year-old teen died, had been force to leave her last job. She even had a note in her file: “NO rehire in any position.” Another staffer, lockup superintendent Anthony C. Flowers, had his own “checkered work history,” notes The Miami Herald, after reviewing both staffers’ records. Yet, both were hired or promoted — and now are two of five staffers who were suspended after the death of Eric Perez, who died after a night of vomiting, complaining of headaches and possible hallucinations.

Child advocates and children’s rights attorneys are left to wonder why the two were rehired or promoted through the system. Read the entire Miami Herald story here.

Florida Department of Children and Families Blasted in Barahona Abuse Case Grand Jury Report

July 26th, 2011   No Comments   Abuse, News & Events

In a case that Florida foster care and adoption advocates, attorneys and others have watched for months, a Miami-Dade grand jury delivered a scathing report related to Jorge and Carmen Barahona – the Miami couple accused of abusing and neglecting their adopted twin children. “Gripped by ‘a persistent, insidious bias of trust,’ (DCF) caseworkers and investigators gave Jorge and Carmen Barahona a pass every time concerns were raised that the couple was abusing and neglecting their adoptive children,” the grand jury said in its report, the Miami Herald wrote.

“So trusting was a state Department of Children & Families investigator that, on Feb. 10, when the agency received a report that adoptive twins Victor and Nubia Barahona were being tied up and locked in a bathtub, she left the Barahona home without ever seeing the children,” the Herald wrote of the report. ” She later wrote that the twins were at little risk of harm…’Were Nubia and Victor in the house tied up in that bathtub at that very moment?’ grand jurors asked in a strongly worded 25-page report. ‘We will never know.'”

Read the entire article here.

Florida Judge: Victor Barahona Dependency Hearing Closed to Public

The South Florida dependency court hearings for Victor Barahona, the young boy allegedly abused by his adoptive parents, will be closed to the news media and public, Miami-Dade Circuit Judge Maria Sampedro-Iglesia ruled this week. Victor is one of three adopted children of Jorge and Carmen Barahona. The parents are accused of fatally abusing Nubia, Victor’s twin sister.

Judge Sampedro-Iglesia ruled that closing the hearings would be “in the best interest of the children.” The Guardian ad Litem program requested the hearings be closed. The news media, including the Miami Herald and local television station WPLG ABC10, had argued against closing the hearings, the Herald reported.

Read the entire story of Victor Barahona’s dependency hearing here.

Florida Lawmakers Reject Child Abuse Funds, Some Blame Health Care Law

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.

Florida Man Recovers $409,662 Embezzled by Former Foster Parents

Chalk one up for the good guys. Based on an alert by Howard M. Talenfeld, a Fort Lauderdale children’s rights attorney and foster child advocate, federal authorities were able to help former Florida foster child Markus Min Ho Kim recover $409,662 embezzled by his former foster parents.

Recovery gives Markus Kim reason to smile

Recovery gives Markus Kim reason to smile

Kim had contacted Talenfeld in 2008 about the theft. Talenfeld then alerted federal authorities to the embezzlement by his adoptive parents, Radhames and Asia Oropeza of Davenport, Florida. They had stolen life insurance money that came from Kim’s mother, who was slain in 2000 by his father, leaving Kim an orphan. Kim’s father currently is serving a life sentence in New York.

U.S. attorney for the Middle ­District of Florida, Robert E. O’Neill, said full recovery of a court-ordered victim restitution of such a large-scale fraud is rare, wrote the Ledger.

“The amount symbolized his slain mother’s hope for a better future and his adopted parents’ betrayal,” the paper wrote. Said Kim, now 25, “I don’t think I can put into words what it truly means to me.”

Read the entire story here.

Florida Lawyers Argue Whether Victor Barahona Dependency Hearing Should be Open or Closed

July 19th, 2011   No Comments   Abuse, Adoption, Court Cases

Should dependency hearings related to the case of Victor Barahona be open or closed? That’s the question posed by advocates, guardians ad litem and media attorneys – and now facing a judge this week in Miami. Lawyers were arguing whether to close or keep open hearings regarding the boy, who at 10 was severely abused earlier this year, along his twin sister, Nubia. Nubia died from her injuries.

Jorge Barahona, their Miami, Florida, adoptive father, was found with Victor in critical condition and Nubia dead in Jorge’s pick-up truck. Both were victims of alleged abuse. An independent panel later found that Florida Department of Children and Families case workers’ efforts in the Barahona case were shoddy and was the result of “fatal ineptitude.”

According to the Miami Herald, “Lawyers for the Guardian Ad Litem program argued before Miami-Dade Circuit Judge Maria Sampedro-Iglesia that the hearings should be closed to protect Victor.” Read the entire story here.

In Florida and U.S., Aging Out Means New Issues for Foster Care Kids

In Florida and nationally, foster care was designed to provide a safe haven for society’s most vulnerable citizens – the abused, neglected and overlooked children. Yet, what happens when they “age out” — turning 18, independent and no longer wards of the state? As this article shows, in Washington state, as well as in Florida and nationwide, advocates, rights attorneys and guardians ad litem have worked tirelessly to help kids find independence once beyond the support of the foster care system.

In the article, “State’s foster care system discharges ill-equipped young adults; Despite program’s good intentions, teens are out on their own and unprepared,” The Spokane Review writes of a national issue: Kids who on their 18th birthday, some with behavioral health problems, are turned out of group or foster homes where they’d spent their lives in the state’s care. They are to start on their own — often unprepared.

“Recently cut off of the powerful psychotropic drugs that had been used to control his aggression, Tyler Dorsey ended up in the Spokane County Jail on a domestic violence charge six weeks after aging out of child welfare,” the publication wrote.

“A new state law might have protected Dorsey, who was turned away by numerous agencies because of his juvenile record of assault…[The law] entitles foster youth without a high school diploma or GED to remain in foster care until age 21 by opting into the federal Fostering Connections to Success and Increasing Adoptions Act.”

Read the entire story here.