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Research Backs Need to Help Foster Kids Aging Out of System

July 12th, 2011   No Comments   Aging Out, Foster Care

Foster kids who “age out” or turn 18 and are forced to leave state care face a daunting future. Whether in Florida or elsewhere in the county, they often have faced emotional, physical or sexual abuse. Many lack emotional maturity needed for self-sufficiency. Rarely tasked with handling their own finances, they’re forced to do so soon after release from foster care. Never or rarely having lived on their own, their “independence” comes quickly — often faster than they’ve been prepared to handle. One study found that about 16% of kids aging out will end up homeless.

Various research reveals how unprepared foster kids are for their new-found independence. A groundbreaking 2010 report from the University of Chicago delved deeply into the effects of aging out on former foster care kids.

With the Florida Department of Children and Families and national-wide with state-run organizations charged with protecting foster kids and preparing them for their futures, many kids “fall through the cracks.”

Research shows how vulnerable they are once released from care — and how some organizations are helping with the transition. One report, from the National Alliance to End Homelessness in America 2011, found that that “one in six young adults who age out of foster care is likely to experience homelessness.”

Read this article on National Public Radio about kids aging out of foster care — and efforts to help them.

Florida Department of Children and Families Hurries To Test New Welfare Applicants

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.

Florida DCF Rule: Positive Drug Test Will Lead to Child Abuse Hotline Referral

Florida’s child advocacy community is watching closely as the Florida Department of Children and Families institutes a new policy regarding drug testing of welfare recipients. Starting next month, Florida’s social service agency will refer every welfare applicant who fails a drug test to a child abuse hotline, reports the Tampa Tribune. While some state officials claim such results will be used to remove children from their parents, civil rights activists fear it will do just that.

“Beginning Friday, anyone applying to the state for temporary cash assistance must pass a drug test to receive benefits,” the paper reported.  “Applicants must pay the test’s cost, which will be refunded for those who pass. That upfront expense could exceed $100, according to state documents, for those who need a medical review to confirm that the drug detected is one for which they have a legal prescription,” it reported.

Read the entire story here.

Fostering Hope: Florida Foster Care Attorney Named ‘Super Lawyer’

June 11th, 2011   No Comments   News & Events

Howard Talenfeld, a leading children’s rights and civil rights attorney helping those in foster care with representation and damage claims, has been featured in 2011 ‘Super Lawyer’.

Florida civil rights and foster care attorney Howard Talenfeld has been named a 'Super Lawyer'

Florida civil rights and foster care attorney Howard Talenfeld has been featured in 2011 'Super Lawyer'

“Howard Talenfeld is fighting for Florida’s most vulnerable kids,” the publication wrote. The article profiles his work with Florida Youth SHINE, which pushes for improvements in Florida’s foster care system.

His policy efforts have found him partnering with The Florida Bar and Florida’s Children First to convince the Legislature to pay for mandatory legal representation of certain groups of high-needs children in dependency court. Talenfeld is a partner in the Fort Lauderdale law firm Colodny, Fass, Talenfeld, Karlinsky & Abate, P.A.

It cites him as have “built a remarkable record of reforming Florida’s foster care, juvenile delinquency and mental health systems, while winning large class action and individual verdicts and settlements on behalf of children and adults injured while in those systems.” Read the entire article here.

News Report: New Records Released in Case of Jacksonville Foster Parent Licensed Despite Abusive Past

June 9th, 2011   No Comments   Abuse, Advocacy

New records released by the state revealed that a background check on a caregiver licensed to operate a day care center by the Florida Department of Children and Families failed to show her abusive past. Yet, attorneys and child care advocates are watching carefully as the DCF refuses to provide more details because of a pending damage lawsuit.

According to FirstCoastNews, “DCF gave Annette Smith a license to operate a day care in 2001 and one to be a foster parent in 2004. But Smith was convicted of child abuse in 1991, which according to DCF’s foster care checklist is a disqualifier.”

Family Support Services (FSS), the agency hired by DCF to monitor Smith, “noted Smith’s abusive past in 2006 when she was arrested and later convicted of abusing a foster child,” the publication noted

The documents released by DCF are partially redacted, the news organization reported. A background check performed by the Florida Department of Law Enforcement revealed only DUI arrests and convictions in 1992 and 1993. DUI is not a disqualifier for foster parenting or child care. Read the entire story here.

Florida DCF, Care Givers Say New Plan Will Improve System

Coming on the heels of the unsuccessful efforts of 20 private agencies that tried to have the Florida Legislature limit their liability, a “plan” is afoot to better protect foster and other vulnerable children Community Based Care providers are paid to manage. Notes the Palm Beach Post Editorial Board, “…A better use of their time will be putting into practice the changes that resulted from the terrible discovery three months ago along Interstate 95 in West Palm Beach.”

In a compelling editorial, the editorial board recounted “the horrific death of Nubia Barahona and equally horrific injuries sustained by her twin brother, Victor, allegedly at the hands of their adoptive parents.” The case “showed flaws in Florida’s child welfare system but did not indicate failure.

“Everybody started saying, ‘Well, the system is broken,’ ” said Carlos de la Cruz Jr., board chairman of Our Kids of Miami-Dade/Monroe, which handled the twins’ adoption. As he pointed out, that is not true.

Read the entire story here.

Legal Advocates: Barahona Adoption, Death Prompts Needed Changes at Agency Monitoring Foster Kids

Is change in the wake of the horrific death of Nubia Barahona and the critical injuries sustained by her twin brother sufficient to prevent future abuse to foster and adopted children in Florida? Without such change, lawsuits, damages, claims of personal injury and wrongful death will only continue, notes Florida child advocacy attorney Howard M. Talenfeld, president of Florida’s Children First.

Nubia Barahona

Nubia Barahona

The Palm Beach Post reports this week that “leaders of the private agency once charged with ensuring Nubia Barahona was safe with her adoptive family say the girl’s death has led to changes that could help caseworkers detect threats to foster children.”

“This case has caused a shift in [caseworkers’] thinking. — ‘Are these foster parents the good people? Do they want to adopt for good reasons?'” Our Kids CEO Frances Allegra, told the paper. Allegra recently co-wrote a 10-page plan to improve its case management in response to the death.

The paper notes that the final version of the plan has been reviewed and approved by Department of Children & Families Secretary David Wilkins. Read the Post’s story here.

Some Doctors on Payroll Prescribing Psychotropic ‘Chemical Restraints’ to Kids in Florida Juvenile Justice

May 22nd, 2011   No Comments   Psychotropic

Gabriel Myers, 7, died of suicide. Dennis Maltez, 12, died of serotonin syndrome. Both were on psychotropic medications later found to be excessive or inappropriate for their unique cases. Guardians, advocates and child welfare and foster care attorneys wonder: Could history be repeating itself?

For children in Florida’s juvenile jails, heavy doses of powerful antipsychotic medications seem to be the norm — especially when these “big guns” of psychiatry, which can cause suicidal thoughts and other dangerous side effects, are dispensed by doctors reportedly being speaking and other fees by pharmaceutical companies.

According to a Palm Beach Post investigative report, these drugs “routinely were doled out for reasons that never were approved by federal regulators.” In response to the report, the paper noted that the Florida Department of Juvenile Justice has “ordered a sweeping review of the department’s use of antipsychotic medications.”

“In some cases, the drugs are prescribed by contract doctors who have taken huge speaker fees and other gifts from makers of antipsychotic pills, companies that reap staggering profits selling medications,” the paper reported.

Regarding the level of use, Broward County Public Defender Howard Fink­elstein, whose office represents children in juvenile court, told the Post, “This is a very important issue. If kids are being given these drugs without proper diagnosis, and it is being used as a ‘chemical restraint,’ I would characterize it as a crime. A battery – a battery of the brain each and every time it is given.”

Read the entire story here.

Foster, Child Care Advocates: Miami’s Low Child Removal Rates ‘Keep You up Nights’

Miami-Dade County has the lowest rate of calls to the state’s child abuse hotline among Florida’s large counties, the Associated Press reports. Some experts say the reason is that Miami’s largest ethnic groups worry a call to the hotline — or any government agency — will only make matters worse.

For child welfare advocates, attorneys and guardians ad litem, that reality among Hispanic – namely Cuban – and Haitian communities could be one reason why Florida’s most populous county has the lowest percentage of children placed into foster care, the AP surmised.

Child care advocates also worry warning signs are going unheeded – that Miami-Dade investigators aren’t removing children and instead are hoping to keep families together.

“Miami keeps you up at night worrying because you know there are calls that aren’t coming in and cases we aren’t hearing about,” Alan Abramowitz, a former family safety director for the Department of Children and Families, told the AP.

Read the entire story here.

Child Advocacy Lawyer: Tale of Florida Boy Abused, Lost By Mom, Shuffled Through System ‘Appalling, More Common Than Anyone Knows’

May 15th, 2011   No Comments   Abuse, Advocacy

The story of a young boy abuse by his mother, then Florida’s child-welfare system, is a disturbing one. The Orlando Sentinel’s Lauren Ritchie tells of torture that started before the Leesburg boy was 2 — with his mother severely beating him, his life spent living in filth and his being subjected to unspeakable horrors. “For the next several years, she ground the soaring spirit of that child into ashes,” the paper says.

The boy was slapped and punched by the woman and her boyfriend, who frequently were on alcohol and drugs. His sister, then 9, was forced to perform sex acts with other men while he watched. The boy recalls his mother forcing him into sex acts with some of the men, the paper writes.

Eventually, state child-protection workers investigated complaints and finally took him and his sister away and put them in foster homes. Then, “for the next seven years — the boy is 12 now — he was shuffled through 20 foster homes, sometimes staying for only a day or two at each. In the homes, he was ‘repeatedly revictimized and retraumatized,'” the paper reports of his mental-health evaluations.

The paper’s reporting reflects a very detailed, sensitive story illustrating what Florida’s child welfare system does to so many children, wrote child advocacy attorney Howard Talenfeld in a letter to the reporter. “In many cases, like the one where I represent 10 siblings, they spend their entire childhoods in care and some end up in our prisons. Others are severely disabled, have their parental rights terminated, are reabused, never are adopted, and end up in group homes. The number of children who lose their natural parents and are never adopted is appalling.”

Read the Orlando Sentinel’s original story here.

Florida Child Welfare Costs Up Since Privatization. What About Care?

Low operational costs has been the promise of privatization of governmental services. Yet in child welfare — one of Florida’s longest-running and largest efforts into privatization — costs have risen, a Sun Sentinel analysis found. Meanwhile, advocates and child welfare attorneys wonder about the effects on vulnerable and foster children in programs overseen by the Department of Children and Families.

“Florida spends more than $1 billion a year on abused and neglected children, up from $717 million in 2000, when the state began farming out foster care and adoptions to private agencies, according to the state Department of Children & Families,” the paper reports.  “Adjusted for inflation, spending is up $105 million over 2000.”

“It’s not cheaper,” state Sen. Nan Rich, D-Weston, told the paper. “That’s what everyone says when they talk about privatization — it’s cheaper. That has not been proven.”

The paper’s takeaway: “Florida spends more today on child welfare despite caring for far fewer foster children. That’s because of a shift in favor of preventing abuse and keeping families together.” Read the entire story here.

From Florida to New York, Horrors of Child Abuse Know No Bounds

May 9th, 2011   No Comments   Abuse

Marchella Pierce didn’t have a chance. Born prematurely with underdeveloped lungs, she spent much of her four years in hospitals, being raised amid the chaos of a combative family struggling with drugs, and the Brooklyn, New York, child died at a mere 18 pounds — half what she reasonably should have weighed. Like cases involving the Florida Department of Children and Families, Pierce should have been overseen by New York’s child welfare agency — and a private organization hired to ensure her well being. She wasn’t.

Most sadly, as child attorneys and advocates have witnessed with our own sad examples here in Florida, the New York City Administration for Children’s Services, prosecutors say, essentially ignored the family, the New York Times wrote.

“She died in September by the ugliest means,” the paper continued. “She withered in poverty in a home in Brooklyn where the authorities said she had been drugged and often bound to a toddler bed by her mother, having realized a bare thimble’s worth of living.

“An examination of Marchella’s bleak, fleeting life, drawn from interviews with relatives, neighbors and law enforcement authorities, as well as from legal documents, shows that almost nothing went right for her,” the paper continued. Read the entire story here.