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Florida Child Advocate Lawyer Howard Talenfeld Receives President’s Award of Merit

June 25th, 2010   No Comments   News & Events

Florida foster child and advocacy attorney Howard Talenfeld today was given the Florida Bar Association’s President’s Award of Merit.

The award was presented by Florida Bar President Jesse Diner during the General Assembly meeting at the Florida Bar’s Annual Convention at the Boca Raton Resort and Club. Talenfeld was lauded for helping build consensus on representation legislation as the Chair of the Florida Bar Legal Needs of Children Committee.

“Although the Florida Board of Governors approved this legislation as a position of the Florida Bar, obtaining the support of the Florida Legislature is a huge, next step.” Talenfeld said. “We cannot change our focus until this legislation is passed, which would give the right to foster children to have their own attorney appear in their dependency case and state paid attorneys in critical cases.”

Also during the assembly, Mayanne Downs was installed as the Florida Bar’s 62nd President, and Scott G. Hawkins was installed as President-Elect.

Broward Day’s Legislative Wrap Up Luncheon Awards Local Advocates

June 21st, 2010   No Comments   Advocacy, News & Events

Broward Days recently held its Legislative Wrap Up Luncheon at the Riverside Hotel. The event honored local advocates, including children’s rights attorney Howard Talenfeld.

Talenfeld received the “Community Advocate Award” for his work protecting the rights and needs of society’s most vulnerable citizens, including foster children, the developmentally disabled and the mentally ill.

“Howard exemplifies the consistent and effective dialogue with our legislature that is the core of Broward days. He is a role model for respectful, civil, yet forceful advocacy,” aaid Jerome Majzlin, Broward Days Executive Director.

The event, held on June 9, featured a presentation from State Representative Ari Porth, Chair, Broward Delegation, as well as the special message “From Tally to our Towns,” presented by Keynote Speaker Craig Zinn of Craig Zinn Automotive. Citrix Systems received the Outstanding Corporate Citizen award.

Miami Herald: Suspension of Miami Doctor Lifted in Denis Maltez case

June 11th, 2010   No Comments   Mental Health Issues, News & Events

As reported by the Miami Herald, an appeals court has set aside the Department of Health’s emergency suspension of Miami psychiatrist Steven L. Kaplan, accused of over-prescribing anti-psychotic medication to an autistic child.

The boy, Denis Maltez, died in May 2007 at age 12. The medical examiner said he stopped breathing in part because of the heavy prescription drugs he was taking, but the psychiatrist disputes that.

The May 26 ruling by the First District Court of Appeal stayed the May 7 emergency suspension issued by Surgeon General Ana Viamonte Ros “pending a final disposition” of the case, records show. That can take months, and if the physician contests it, years.

According to child advocate and Broward County attorney Howard Talenfeld, who represented Denis’ mother, Martha Quesada, in a civil suit over the boy’s death, he had not heard about the appeals court ruling. In any event, the suit against Kaplan “is over,” Talenfeld said, indicating it has been settled.

Read the entire story here

Law Firm Lobbyists Convince Florida Legislature, Governor to Pass Claims Bill to Help Former Foster Child Raped by Foster Father

June 7th, 2010   No Comments   Abuse, Damage Claims, Foster Care, News & Events

Lobbyists and attorney advocates from the Fort Lauderdale law firm Colodny, Fass, Talenfeld, Karlinsky & Abate, P.A. successfully convince the Florida Legislature and Governor Charlie Crist to pass a claims bill to help  a former foster child raped by her foster father.

According to the Naples Daily News, Gov. Charlie Crist has signed a bill that will release $1.2 million to the guardian of a mentally retarded woman who had a baby after being raped as a teen by her foster father in Immokalee.

The claims bill Crist signed Thursday afternoon was approved by the Legislature and releases the remainder of a $1.3 million settlement by the state Department of Children and Families to Darlene Achille, the guardian for her sister, Pierreisna, 26, and her 9-year-old daughter.

“The next step is obviously getting the money,” said attorney Richard Filson of Sarasota, who filed the lawsuit in 2002. “I talked to Pierreisna and she is very happy. … They’re living in a small apartment. It’s good news to them.”

Read the entire story here

DBR: Broward Judge Frusciante – Chief Judge of the Dependency and Juvenile Delinquency – Resigns

June 1st, 2010   No Comments   Delinquency, Dependency, News & Events

Broward County, Florida Circuit Judge John Frusciante, chief judge of the dependency and juvenile delinquency divisions, is leaving the bench in October.

Frusciante, who did not return calls to the Daily Business Review by deadline Friday, did not state his reasons for leaving in his resignation letter to Gov. Charlie Crist, saying, “I now submit to you my intention to resign from that position effective Oct. 29.”

“He cared so much about individual children and cases,” said Child Advocate Attorney Howard Talenfeld of Colodny Fass Talenfeld Kalinsky & Abate in Fort Lauderdale and president of Florida’s Children First, a statewide group of child advocates. “He always saw the systemic problems and always brought the child welfare community together to solve them.”

Read the entire story here

Lead Agencies, DCF Seek to Cap Personal Injury Damage Suits By Foster Children

May 27th, 2010   No Comments   Abuse, Damage Claims, Foster Care, News & Events

MIAMI (AP) — A few months after a 10-year-old child was placed with eight other children in a Tampa foster home overseen by a single mom, a 13-year-old boy sneaked into his room and raped him in 2005.

But Hillsborough Kids Inc., a state contractor that placed the boy, says it’s not liable because it subcontracted with another agency which directly cared for the boy. They contend the state Department of Children and Families is ultimately responsible for overseeing its providers, according to court documents.

The lawsuit filed on behalf of the boy has dragged on for three years and is the crux of an ongoing argument between DCF and the contractors it hires to place and monitor foster children: Who should be financially responsible when one of the children is harmed?

That question has major repercussions for both taxpayers and the children. If it’s the state, the contractors would be off the hook and a victimized foster child would be limited by law to receiving $200,000 in damages from the state unless the Legislature approves a higher amount. If it’s the contractors, an injured child could receive whatever damages a court awards up to a $3 million per incident and it would be paid by the contractor and its insurance company.

Child advocates say DCF and its contractors are trying to dodge responsibility and are wasting taxpayer money as discussions drag on. In the end, they say, it leaves abused children with little legal or financial recourse. The state spent more than $740 million this year on foster care, employing 21 contractors to oversee between 9,000 and 10,000 foster children.

“It’s sad and a complete waste of resources when we see each blame the other or duck behind technical defenses while the innocent foster child is suffering and waiting to get help,” said Howard Talenfeld, a child advocate and Broward County attorney.

Read the entire story here

Florida DCF Blasted By Task Force on Foster Child’s Suicide & Sex Abuse Issues

May 13th, 2010   No Comments   Abuse, Advocacy, Mental Health Issues

Florida’s child welfare system is taking heat for its handling of the care of Gabriel Myers, a 7-year-old Broward foster child who a task force says was inadequately treated for the sexual abuse he endured. The report also notes how the state failed to prevent Gabriel from sexually acting out against other children.

The South Florida Sun-Sentinel covered this story, writing how the Gabriel Myers Work Group, which was appointed by Department of Children & Families Secretary George Sheldon, investigated Gabriel’s April 16, 2009, death. The Miami Herald received a copy of the report, which it says “identified scores of shortcomings in the state’s care of the boy.”

Howard Talenfeld, President of statewide advocacy group Florida’s Children First, presented recommendations to the Gabriel Myer’s Commission on January 7, 2010 and many of his recommendation were incorporated into the Task Forces Final Recommendations. Click here to view his presentation to the Commission.

Florida Suspends Doctor Who Prescribed Psychotropic Meds, But Questions Linger

May 12th, 2010   No Comments   Mental Health Issues, News & Events, Psychotropic

Florida’s Agency for Health Care Administration suspended the license of the doctor who prescribed a combination of three psychiatric drugs to 12 year old autistic child Dennis Maltez when he died of serotonin syndrome.

The Miami Herald wrote about the case in the article, “Florida suspends Miami psychiatrist in boy’s overdose death.” The paper noted that “red flags were overlooked in the 12-year-old’s prescription drug death, and how a second report blamed the system in the tragic case of 7-year-old Gabriel Myers’ suicide.”

State regulators wrote that Kaplan committed medical malpractice, and that he posed “an immediate, serious danger to the health, safely, or welfare of the public.”

The real question that has yet to be answered by the state of Florida is how many other physicians in the state of Florida who prescribe dangerous combinations of psychotropic medications to disabled persons and foster children which are paid for by the state’s Medicaid program will be allowed to ignore the letters and visits from the AHCA children’s pharmacy management program that red-flag these combinations of medications as potentially dangerous? How many more children like Denis Maltez and Gabriel Myers need to die before the state will do something?

Child Advocate Attorney Wins Lawyers for Children America Award

May 7th, 2010   No Comments   Advocacy, News & Events

Florida Foster Child Advocacy Attorney Howard Talenfeld Receives the Lawyers for Children America Award.

Talenfeld received the 2010 Policy Advocate Award Friday at the 11th Annual John Edward Smith Child Advocacy Awards at a Miami luncheon.

Howard Talenfeld

Howard Talenfeld

The award was given in honor of Talenfeld’s work in founding Florida’s Children First, a statewide advocacy organization, in 2002. The award also recognizes his work at Chair of the Florida Bar Legal Needs of Children Committee this year. During his tenure, Talenfeld has fought to ensure legal representation for dependent children.

The event honors South Florida lawyers, law firms, and other advocates who have donated their time, talent, and resources to assisting abused, neglected, and abandoned children. (more…)

Florida Legal Services Releases PSA on Lawyers’ Pro Bono Legal Help

May 5th, 2010   No Comments   Advocacy, Pro Bono

Great attorneys understand what makes time precious is what they can do with it. Florida Legal Services released its ONE Campaign. This PSA reveals the satisfaction attorneys received from their pro bono legal services provided to those who can repay attorneys only with their gratitude.

One Client, One Attorney, One Promise: This is the oath of Florida Legal Services. Learn more at OnePromiseFlorida.org.

Florida Legislature: Time Limits Will End to File Sex-Abuse Cases

April 27th, 2010   No Comments   Abuse, Legislative & Regulatory Issues

Despite concerns expressed by the Roman Catholic Church, the Florida Legislature this week approved eliminating a statute of limitations on child-related sex-abuse cases, according to a Miami Herald story.

The Florida House of Representatives and Senate unanimously approved the measure to eliminate time limits and statutes of limitations for filing criminal and civil cases for sex crimes involving children. The effort has met resistance for years from the Roman Catholic Church, the Herald wrote.

The legislation (HB525), while too late for some victims, makes it easier for future victims to file suit, seek courtroom justice, and potentially to recover damages. Gov. Charlie Crist has said he would sign such a bill into law.

“This is one of the major undone pieces in regard to the state addressing the needs of sexual-violence victims,” Terri Poore, a lobbyist for the Florida Council Against Sexual Violence, told the Herald. Read the entire story here.

Florida Lawyer Fights for Rights of Foster Children

April 26th, 2010   No Comments   Advocacy, Foster Care, News & Events

Although Florida is one of the top states in the number of foster children who are adopted, thousands of foster children lose their childhood by spending three or more years in care.

“We still have far too many foster children who spend years in the system instead of with their permanent families,” said Howard Talenfeld, founder of Florida’s Children First (FCF), an organization based in Coral Springs that works for children in foster care and those at risk.

Talenfeld was interviewed by the South Florida Sun-Sentinel for this article on his — and Florida’s Children First’s — roles in advocating for children’s rights.

“Florida is at the bottom of the states when it comes to providing foster children an attorney in their own foster care case,” Talenfeld said. “As a result of shrinking revenues, we are now fighting threatened budgetary cuts to Florida’s independent living program, adoption subsidy appropriations and to the Guardian ad Litem Program.”

(more…)

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