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Advocate Attorney: Sexual Abuse a ‘Shocking Truth’ for Developmentally Disabled in Group Homes & Residential Facilities

November 23rd, 2010   No Comments   Sexual Abuse

Sexual assaults among the developmentally disabled population are shocking and growing. For caregivers and advocates, the reality is clear: Group homes and other residential facilities must provide safeguards or they could face damage suits, awards and judgments by lawyers and attorneys for the abused and their families.

According to a recent news report, a horrifying epidemic is growing by the day: the sexual assault of people with mental disabilities. According to The Arc of Pennsylvania, the largest advocacy organization in the United States for citizens with intellectual and developmental disabilities, 85 percent of people with a mental disabilities are victims of sexual abuse. In a candid video interview below, the relative of a child raped over more than a decade shared her thoughts on sexual abuse. View the original report here.

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Human Trafficking Can Affect Anyone — The Vulnerable, Young, Immigrants, and Society At Large

November 23rd, 2010   No Comments   Abuse, News & Events

Human trafficking — whether of immigrants or U.S. citizens caught in a rough stage of life — affects everyone. For child advocates, care givers and attorneys who deal with society’s most vulnerable citizens, the results are devastating, and demand greater protections. According to a story in the Fort Myers (Florida) News-Press, human trafficking historically has been perceived as crimes affecting mostly foreigners. Today, its victim profile has expanded. It includes “a larger extent American adults and children exploited for gain.”

In Lee County (Florida) alone, the paper writes, “the number of people tagged as victims and investigations…has been growing in the past year. Of 11 arrests linked to trafficking in Lee in roughly that time, the lead investigator said at least seven involved domestic victims.”

The paper continued, “…Trafficking, often called modern-day slavery, doesn’t have to involve transportation of a victim. One case involved a 15-year-old girl who told investigators her mother forced her to prostitute in exchange for food. At one point, she banged on a window seeking her mother’s help when she was left in a room with men, according to sheriff’s reports. The girl cut and burned herself to deal with the pain.” Read the entire story here.

Community-Based Care Group – and New Model – Win Orlando Contract

November 20th, 2010   No Comments   News & Events

Community-based care — not “entitlements” or history — led Orlando area Department of Children and Families (DCF) administrators to give a four-year, $200 million child welfare services contract for Orange and Osceola Counties to Community Based Care of Seminole. Some believe this is the model for the future.

Meanwhile, according to Seminole Voice, Family Services of Metro Orlando is dismayed by the decision. “It’s the first time a lead agency like us… has been replaced for something other than performance issues,” Bart Mawoussi, director of communications and grants, told the Voice. “And we kind of saw that as a puzzling decision.”

But DCF officials say the better-suited agency prevailed. “Community based care is a legislative design, and competition was expected,” DCF CEO John Cooper said. “This is not an entitlement.”

The is a critical decision, as thousands of children, families, foster parents and social workers will be affected by the decision. According to DCF, the two-county area has among the highest child-abuse rates in the nation. Read the entire story here.

Advocates, Florida DCF Say Cribs Provide Safe Sleep for Infants

November 17th, 2010   No Comments   News & Events

Infants and toddlers in Florida are dying at an alarming rate — of causes that often are completely avoidable. Whether they’re accidentally smothered while sleeping with their parents or from sleeping outside the safe confines of a crib, their numbers are startling. They’ve drawn the attention of the Florida Department of Children and Families, caregivers, advocates and others.

At least 11 times in the past year, babies have died when something went wrong with a makeshift sleeping arrangement, according to a story in the Palm Beach Post. DCF officials believe they’ve improved the odds by providing cribs through a partnership with the West Palm Beach-based Clinics Can Help

The only catch: To get the crib, the parent must agree to attend an hourlong class on parenting, the Post reported. DCF regional director Perry Borman said the Cribs R for Infant Baby Safety project (CRIBS) can save lives. “When it happens you think, ‘This could’ve been prevented,’?” DCF spokeswoman Elisa Cramer told the Post.  A recent Florida Child Abuse Death Review report noted how unsafe sleeping arrangements are the leading cause of death in Florida children younger than 12 months in 2008 and the second-leading cause of all verified child abuse and neglect deaths. Read the entire story here.

Florida Adoption of Foster Children a ‘Chance at Redemption’

November 12th, 2010   No Comments   Adoption, Advocacy

For foster children and hopeful parents, adoption is redemption and a chance at a new life for children – and adoptive parents. At a recent Miami event as part of Carla’s National Adoption Day, 50 children were given new, permanent homes.

For the children, the adoption was among 50 that took place at the Miami Children’s Museum as part of Carla’s National Adoption Day. The event was renamed in memory of Miami child advocate Carla Merhige, who was killed last year by her mentally ill brother, according to the Miami Herald. The national event is intended to raise awareness of the 129,000 children in foster care nationwide awaiting permanent homes.

“Adoption is not just about taking care of a child until they turn 18. Adoption is forever,” said DCF Secretary George Sheldon to the families before their adoptions were finalized. Read the entire story here.

Child Advocates Remember Florida Child Rights Attorney & ‘Unsung Hero’ Tracey K. McPharlin

November 8th, 2010   No Comments   Advocacy, News & Events

Dedicated child advocate and foster care rights attorney Tracey K. McPharlin, 44, passed away November 6 after a courageous battle with cancer. She was the advocates’ advocate.

Tracey K. McPharlin

Tracey K. McPharlin

Born in Miami in 1966 and raised in Plantation, Tracey graduated from St. Thomas Aquinas High School, attended Nova Southeastern University and graduated Magna Cum Laude from Nova Southeastern University Shepard Broad Law School.

Soon after joining Colodny, Fass, Talenfeld, Karlinsky & Abate, P.A. in 2000, Tracey made her name and career advocating for the rights of children in the foster care system. She cared deeply for those fellow Florida residents who were most vulnerable or at risk.

Although she recovered scores of multi-million dollar damages awards on behalf of injured foster children, her work in H.A.L. v. Foltz 551 F.3d 1227 (C.A. 11 Fla. 2008) resulted in the landmark Eleventh Circuit Court of Appeals decision which recognized that exposing foster children to child-on-child sexual abuse in foster care is a viable claim under the Federal Civil Rights act 42 USC § 1983. This case paved the way to protect many other children in Florida and throughout the country who are sexually abused in foster care.

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Florida’s Children First Fetes Foster Child Advocates

October 28th, 2010   No Comments   Advocacy, News & Events

Area foster child and children’s welfare advocates, lawyers and media personalities were praised at a recent West Palm Beach awards event for Florida’s Children First.

Howard presents an FCF award to Todd McPharlin in honor of his sister, Tracey.

Howard Talenfeld presents an FCF award to Todd McPharlin in honor of his sister, Tracey.

South Florida attorney Todd McPharlin accepted the FCF President’s Award on behalf of his sister, Tracey K. McPharlin, a long-time advocate and partner at the law firm, Colodny Fass Talenfeld Karlinsky & Abate P.A. Ms. McPharlin has been ill and was unable to attend.

“Tracey is an unsung hero who has made a difference in the lives of thousands of foster children,” said Howard Talenfeld, a partner at the firm and founder of Florida’s Children First.

Ms. McPharlin joined the firm in 2000 as an associate specializing in civil rights litigation, class action litigation, appellate proceedings, and many of the foster care cases for which the firm has gained prominence.  She was named Partner in 2006.

Scott Hawkins, President Elect of the Florida Bar, presented the Florida Bar Hugh Glickstein Award to Tracey for her work.

Also receiving an award was local West Palm Beach television news anchor Jim Sackett. The NewsChannel 5 anchor received the Florida’s Children First Media Advocacy Award for his reporting and coverage of children’s issues. Sackett has hosted the station’s Thursday’s Child segment for more than 30 years. Read the story here.

News 5's Jim Sackett receives FCF Media Advocacy Award.

News 5's Jim Sackett receives FCF Media Advocacy Award.

Among others who were honored:  The Cannon family, who adopted two foster children; D’Arta Franklin, a former foster child who now advocates on behalf of foster children; and Emmanuel “Manny” Oliver, who serves as a voice for those still in foster care.

Florida’s Children First is a statewide advocacy organization that serves the state’s vulnerable children in the foster and child welfare system.

joined Colodny, Fass, Talenfeld, Karlinsky & Abate, P.A. in 2000 as an associate specializing in civil rights litigation, class action litigation, appellate proceedings and many of the foster care cases for which the Firm has gained prominence. She was named partner in 2006.

Scott Hawkins, President Elect of Florida Bar, presented the Florida Bar Hugh Glickstein Award to Tracey.

Also receiving awards were West Palm Beach television news anchor, Jim Sackett, who received the FCF Media Advocacy Award, for his work covering children’s issues.

Opinion: 33 Years Later, Florida Gets It Right On Gay Adoption

October 20th, 2010   No Comments   Adoption

The South Florida Sun-Sentinel editors wrote an opinion column on gay adoption of foster children and other children in need of a permanent home. It’s a compelling tale — hopefully one that eulogizes the end of Florida’s 33-year ban on gay adoption.

It would have been a fitting funeral for Florida’s archaic, bigoted gay adoption law if it had gone all the way to the state Supreme Court before finally being shot down.

That didn’t happen, but the next best thing did — the Florida Department of Children & Families is at last giving up the ludicrous, wasteful and self-defeating fight.

Floridians should demand to know how much time and money was wasted by the state of Florida in an attempt to retain the backward distinction of having the most stringent gay adoption ban in the country. For 33 years — during which countless kids were denied a good, loving home because of bigotry and misplaced moral fervor — Florida law said gays and lesbians could not be adoptive parents.  Read the entire column here.

Federal Lawsuit: Youth Offender Sexually Abused in Florida Facility

October 9th, 2010   No Comments   Abuse

The Florida Department of Children and Families (DCF) has 60 days to investigate a youthful offender facility after a federal class-action lawsuit was filed by attorneys with the Southern Poverty Law Center this week alleging that a 15-year-old boy at the Thompson Academy was sexually abused. Foster and child advocates and lawyers are expected to closely watch the case and the damages it claims.

The suit claims an employee assaulted the boy, while also alleging juvenile residents endured hunger, moldy and hot conditions.

According to the Associated Press, the lawsuit, filed by the Southern Poverty Law Center, claims the sexually abused 15-year-old boy reported the abuse to the facility’s administrator. Nothing was done, the suit alleges.

“The attorneys who filed the lawsuit said the teen tried to kill himself three times by drinking bleach and attempting to hang himself. The boy – who is not being identified because The Associated Press does not name people who may be victims of sexual assault – was released to his mother’s care on Friday,” the story notes.

It goes on to say, “Jesse Williams, senior vice president at Youth Services International, said the lawsuit’s claims were unsubstantiated. The Florida Department of Children and Families has up to 60 days to complete an investigation of the facility’s procedures, spokesman Mark Riordan said.”

Read the entire story here.

New York Child Welfare Agency Misses Signs, Visits Before Girl, 4, Dies

October 6th, 2010   No Comments   Abuse

This article serves as another example of how New York welfare agency workers failed numerous times and over many months to make critical visits to ensure a child was well cared for and not being abused. Now Marchella Pierce, 4, and who weighed 18 pounds, is dead.

The New York Times is reporting that the Brooklyn girl appears to have gone months without a visit from child welfare workers assigned to monitor her well-being, despite indications that she could be at risk.

The revelation, from New York’s Administration for Children’s Services, came with a graphic glimpse into her final months. Agency officials called her home care “grossly inadequate,” said she was beaten regularly, and was tied to her bed “for substantial periods of time.”

The mother, Carlotta Brett-Pierce, faces charges that include second-degree assault.

“Clearly, Marchella Pierce was a vulnerable child, and as a city we needed to do more to help her,” John B. Mattingly, the commissioner of children’s services, told council members during more than two hours of questions and testimony. Read the entire story here.

Domestic Violence Awareness Month: How To Handle Threats

October 2nd, 2010   No Comments   Abuse, Advocacy, News & Events

Domestic violence is all around us. From fearsome threats of violence or bodily harm, to terrible tragedies — like the spousal and child murders in Riviera Beach, Florida, earlier this week — advocates and attorneys who work in family law, foster care and other areas hope to raise awareness of these issues. In recognition of Domestic Violence Awareness Month, Florida Child Advocate offers this guest post from Barry Finkel, an experienced Fort Lauderdale divorce lawyer.

Attorneys who have worked in family law, divorce or domestic abuse issues know that “domestic violence” isn’t necessarily limited to actual battery – or hitting, kicking, striking or even sexually assaulting a spouse or partner.

It can include the threat of violence. Experience has shown that threats often lead to more threats — and actual violence.

If your spouse, partner or boyfriend has committed a first act or threatened an act, act quickly to protect yourself and your children. Start by… (more…)

Child Advocates Celebrate Funding Program for Adopting Disabled Florida Foster Kids

October 1st, 2010   No Comments   Adoption, Foster Care

The news is good for disabled foster children hoping to find permanent homes through adoption. Advocates applaud a new Florida program that could enable adoption of hundreds of disabled kids.

A new program from the Florida Department of Children & Families and the Agency for Persons with Disabilities will earmark financial resources for care and services for foster kids with special needs. The hope is this will help encourage adoptive parents who might not be able to adopt and raise the children otherwise.

It’s a big issue. Some 638 Florida foster children had developmental disabilities, including cerebral palsy, mental retardation, autism and other issues. . Some 224 of the kids are on a waiting list for services.

To learn more, read a recent Miami Herald story on the issue.