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Medicaid Cuts Miami Psychiatrist Who Prescribed Psychotropic Drugs to Autistic Boy

April 21st, 2010   No Comments   Medicaid, News & Events, Psychotropic

The closely watched story of Denis Maltez, the 12-year-old Autistic boy who the Miami-Dade County Medical Examiner said died of “serotonin syndrome” after being prescribed several psychotropic drugs, took a new turn this week as the prescribing psychiatrist was dropped from Medicaid’s rolls as a medical provider serving the state’s insurance program for disabled and needy children.

More importantly, the Agency for Health Care Administration needs to monitor all physicians who blatantly ignore their “red flag” warning letters, said Howard Talenfeld, attorney for the boy’s mother, Martha Quesada.

“Unfortunately, Florida has no procedure to protect the patients of physicians who write behavioral healthcare prescriptions that exceed thresholds and who ignore the letters from the University of South Florida Medicaid Drug Therapy Program,” Talenfeld told the Miami Herald.

“Nor does the state tell the parents or guardians of mentally disabled persons or foster children that these drugs prescriptions may be dangerous or monitor whether or not the physicians obtained informed consent from them.”

Read the entire Miami Herald story here.

Miami Herald Story: Red Flags Overlooked in Prescription Drug Death of 12-Year-Old Denis Maltez

April 20th, 2010   No Comments   Mental Health Issues, Psychotropic

A Miami Herald story this weekend – Red Flags Overlooked in Prescription Drug Death of 12-Year-Old – highlights the troubling and allegedly deadly use of psychotropic, prescription drugs on young patients in group homes. And it raises troubling questions.

As the Herald reporter wrote, “The death of 12-year-old Denis Maltez raises troubling questions about the state’s safety net for disabled kids. The Miami-Dade Medical Examiner’s Office attributed the death to a life-threatening side effect of over-medication.”

Attorney Howard Talenfeld urged healthcare and disability administrators in a letter to better protect disabled children, “who are powerless to protect themselves from being unnecessarily drugged for the convenience of staff. . . . Without proper oversight and action by your respective state agencies, these individuals will continue to be in harm’s way.”

Among the questions the Herald raised in Denis’ case: (more…)

Web Links Help Florida Child and Foster Care Lawyers & Advocates

April 20th, 2010   No Comments   Foster Care, Guardian ad Litem & Representation, resources

The area of adoption, foster child, vulnerable persons, and guardian ad litem law is dynamic and fast-changing. With the guidance of the Florida Guardian Ad Litem Program – the Voice for Florida’s Abused and Neglected Children – Florida Child Advocate has gathered some important links and resources to help advocates learn more about the process.

The National Center for Adoption Law & Policy at Capital University Law School publishes a weekly electronic summary of adoption and child welfare cases as well as a weekly summary of the latest news in child welfare.

The Legal Issues and Laws Section of the Child Welfare Information Gateway provides helpful publications and tools, including a State Statute search, federal and state laws, and other legal information.

Foster Care Reform Litigation Docket, a publication from the National Center for Youth Law provides basic information on 71 child welfare reform cases nationwide that are currently in active litigation, a pending settlement agreement, or are significant in some other respect.

Major Federal Legislation Concerned With Child Protection, Child Welfare, and Adoption is a publication from the Child Welfare Information Gateway summarizes the major provisions of key Federal laws regarding child protection, child welfare, and adoption and includes a timeline of Federal child welfare legislation.

The Legal Resource section of the Florida Statewide Guardian ad Litem Website offers searchable case summaries and library, archived Legal Briefs Newsletter (2004-present), archived Practice Bulletins, the Guardian ad Litem Dependency Practice Manual, audio recordings of past attorney training calls (2006- present), legislative updates, links to helpful websites, and Chapter 39 Florida Statutes. On this page you can also sign up to have the Legal Briefs Newsletter and Practice Bulletin delivered to your in-box.

For more resources, review the “Blogroll” to the left of this entry. If you discover any additional resources that might help others navigating child welfare and advocacy, feel free to send them to us by submitting a Comment on this post.

Incest Report Raises Alarms About Florida DCF ‘Family Preservation’ Policy

April 9th, 2010   No Comments   Abuse, Legislative & Regulatory Issues

Recent news of an incest case raised alarms about the Florida Department of Children and Families’ child welfare policy. In the case of a man accused of sexually abusing his teenage daughter, child welfare advocates questioned keeping families together in a practice called “family preservation” – even when circumstances suggest greater caution.

The goal of family preservation, when secondary to a child’s safety, is a critical and fundamental mission of Florida’s child protection system.

However, in pursuing this goal, other preventative and protective measures must be utilized. Among them…

– Calls to the abuse hotline must be fully investigated.

– Recommended protective services, whether voluntary or mandated, must be monitored.

An article by The Miami Herald’s Carol Marbin Miller on April 8 has once again reported a tragic story that evidences that Florida’s policy shift in this direction has yet to be accompanied by the necessary commitment to protect child safety with appropriate, mandatory supervision of protective service cases.

We hope that DCF’s task force that is now studying this issue moves quickly and decisively in this direction.

Bill Could Protect Florida Disabled, Seniors, Day Care Kids

March 18th, 2010   No Comments   Legislative & Regulatory Issues

News that the Florida House of Representatives today unanimously passed a bill requiring more strict background screenings for employees at its nursing homes and day care centers is an important step in protecting the state’s most vulnerable citizens.

Though the bill now goes to the Florida Senate, it has the support of Gov. Charlie Crist and foster and child care advocates statewide. He was quoted as saying, “Florida must continue making significant strides to ensure the safety of those individuals in our care.”

If signed into law, this bill will help shore up the state’s efforts — and reveal lawmakers’ commitment — to protect it’s vulnerable citizens. They are to be lauded for this effort.

According to the Sun-Sentinel, the bill would require “nationwide background checks and tighter restrictions on people with criminal histories… [the bill] was filed after a Sun Sentinel series in September found that Florida’s caregivers included convicted felons and career criminals with records for rape, child abuse and even murder.”

Read the entire story here…

Child Advocate Brian Cabrey Works to Protect Florida’s Most Vulnerable

March 16th, 2010   No Comments   Foster Care, Guardian ad Litem & Representation

Brian Cabrey is known throughout the Florida legal community as a staunch advocate for foster children, and abused and neglected kids statewide. He has volunteered countless hours on their behalf and sits on the board of Florida’s Children First.

Brian’s work also includes “damages claims against the Florida Department of Children and Families ( DCF ) and its employees where foster children are physically and sexually abused in care.”

In this article from the Florida Times Union, Brian is recognized for his tireless efforts…

Brian Cabrey cares about the children.

His office in the Modis building in downtown Jacksonville is full of pictures of his family. Most of his free time revolves around his four children, aged 2 through 13, and their activities in sports and with Holy Spirit Catholic Church.

And when he’s in his office, Cabrey, a lawyer, is often working on behalf of children. (more…)

Sun-Sentinel Society Scene Covers Florida’s Children First Event

March 12th, 2010   No Comments   Fundraising & Support

The South Florida Sun-Sentinel gave major play to the recent Florida’s Children First fundraiser and event honoring Florida Bar President Jesse H. Diner. See the coverage here.

The annual event, held in Fort Lauderdale, raised more than $100,000 for foster children, vulnerable citizens and programs statewide. In attendance were child advocates, attorneys, judges and others involved in supporting children’s needs.

Snapshots of Foster Care Generosity: Florida’s Children First Attendees Give Their Money and Time

March 6th, 2010   No Comments   Fundraising & Support

When more than 300 attorneys, child advocates, judges and honorees gathered for the Fort Lauderdale Child Advocate Awards and Reception of Florida’s Children First (FCF) in February, they represented the scope of statewide legal advocacy focused on protecting the rights of at-risk and foster care children.

Florida Bar President Jesse Diner and Howard Talenfeld

Florida Bar President Jesse Diner and FCF President Howard Talenfeld

They also represented the depth of the Florida legal community’s commitment to protecting society’s most vulnerable citizens.

FCF’s annual Broward event recognized attorney and Florida Bar President Jesse H. Diner for his support of legislation designed to obtain counsel children in foster care and the dependency system, and support for important recommendations of the Florida Bar’s Legal Needs of Children Committee.

Anchorwoman Kristi Krueger and FCF Exec. Dir. Christina Spudeas

Anchorwoman Kristi Krueger and FCF Exec. Dir. Christina Spudeas

Attendees heard how Mr. Diner has been a staunch champion of the passage of legislation to provide attorneys and zealous advocacy for foster children — and how such representation would effectively reduce or eliminate the powerlessness children face when entering the legal system.

He also has backed the Florida Bar Association’s effort to recruit and train pro bono lawyers to represent these children.

Honoree Jesse Diner, Adele Stone, and Broward Judge John Luzzo

Honoree Jesse Diner, Adele Stone, and Broward Judge John Luzzo

Florida’s Children First is supported by sponsors Colodny, Fass, Talenfeld, Karlinsky & Abate; Regions Bank; United Automobile Insurance Group; Boardroom Communications Inc.; White & Case; American National Bank; President’s Fest in the Park; among others.

To learn more, or to make a contribution, call the Broward office of Florida’s Children First at 954-796-0860 or send an email to fcf@floridaschildrenfirst.org.

Broward Judge Andrew Siegel, FCF Board Member Julie Talenfeld, and David Singer

Broward Judge Andrew Siegel, FCF Board Member Julie Talenfeld, and David Singer

From its Website, Florida’s Children First’s  staff, board members, volunteers and advocates devote their time to ensure that each child in care or in an at-risk situation will have a voice that is heard when decisions are made.  We use legislative and policy advocacy, executive branch education and advocacy, training and technical assistance to lawyers and Guardians Ad Litem representing children, public awareness, and filing of amicus briefs as strategies to improve child serving systems.

Florida’s Children First Honors Attorney, Florida Bar President Jesse H. Diner

March 1st, 2010   No Comments   Fundraising & Support

Diner Lauded For Commitment to Legal Representation for Foster Children; Event Celebrates Success Stories, Raises $100,000 for Advocacy Statewide

Fort Lauderdale, Florida — Florida’s Children First (FCF), the statewide legal advocacy organization focused on protecting the legal rights of at-risk and foster care children, honored Mr. Jesse H. Diner and several foster care success stories at its Child Advocate Awards and Reception in February.

The event, held in Fort Lauderdale, was attended by more than 300 attorneys, child advocates, elected officials, judges, community and business leaders, and others concerned about the future of Florida’s children, especially abused, abandoned and neglected children and youth. The event raised some $100,000 for the organization.

“As President of the Florida Bar, Jesse has utilized his position as Florida Bar President to advance the rights of foster children to legal representation in Florida,” said FCF President Howard Talenfeld. The other foster care honorees included Michael Lewis, who was honored as the Young Adult Honoree, and Linsey Brewster-Jenkins and Alexeve Jenkins, who were honored as FCF’s Foster / Adoptive Family of the Year. “They serve as a role models and inspiration for any of us who strive to improve how Florida’s vulnerable children are treated.” (more…)

Innocence Lost: Florida Lawsuit Alleges DCF Sent Girl to Abusive Setting

March 1st, 2010   No Comments   Abuse

Children should know they’re beautiful and loved. They should feel safe, welcome and comfortable surrounded by family and friends.

Yet one girl felt none of these. At 7, she was placed by the Florida Department of Children and Families into an overcrowded foster home, shared a bed with another foster child, and ultimately was sexually molested by the foster parent. She lost more than her innocence. She lost her trust in others and a chance at a normal future.

Now 12, her adoptive mother is trying to help the girl regain her trust – and a normal life. A lawsuit filed against the Florida DCF and YMCA seeks to ensure normalcy for the girl – and future state wards.

In the St. Petersburg Times story of February 27, 2010, “Lawsuit Alleges DCF and YMCA Sent Girl into Sexually Abusive Situation,” it was reported that the first time the Florida woman took her adoptive daughter to the dentist, an assistant asked if the girl had been sexually assaulted. (more…)

Herald Column: Give Vulnerable, Foster Kids a Voice in the System

February 22nd, 2010   No Comments   Legislative & Regulatory Issues, Representation

By Howard Talenfeld

The most significant way Florida can improve the lives of at-risk children is to provide each of them with legal representation, something currently missing from our judicial system.

This spring, Florida lawmakers are expected to take up consensus legislation crafted by the Florida Bar and Florida’s Children First that provides attorneys to children with critical needs and to protect the rights of all children in dependency proceedings.

The Children’s Legal Representation Act, as it’s called, also gives the courts the ability and authority to appoint state-provided counsel for children, whether they be paid or not. (more…)

Head of Legal Services: Offer to Help Miami, Florida Poor

February 21st, 2010   No Comments   News & Events

Garrett J. Biondo, President of Legal Services of Greater Miami, recently today commented in the Miami Herald about Leonard Pitts Jr.’s Jan. 31 column, “Public Silence Greets Poor’s Powerlessness.”

Biondo comments that Bitts “rightly calls attention to the lack of outrage over the deplorable comments by South Carolina’s Lt. Gov. Andre Bauer regarding the poor. Pitts’ piece is a well-reasoned call to action for the millions of people in this country who live in poverty.

“I was particularly struck by his salient question: Who speaks for the poor? Clearly, too few. Thankfully, there are organizations in South Florida that are committed to providing a voice for those who sit silent on the edges of our community. One bright light in our community is Legal Services of Greater Miami, Inc. (LSGMI).

“LSGMI is the largest provider of broad-based civil legal services for the poor in Miami-Dade. For more than 40 years, its staff attorneys have shunned lucrative jobs in private practice to successfully provide innovative and effective free legal services to poverty-stricken families throughout South Florida.”

Read his entire column here.

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