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Archive for the ‘Abuse’ Category

Preeminent Foster Child Abuse Attorney Named Finalist as Most Effective Lawyer

December 9th, 2014   No Comments   Abuse, Advocacy, Court Cases

Preeminent foster child abuse lawyer and staunch advocate for child welfare reform in the state capital, Howard Talenfeld, was named a finalist as one of this year’s Most Effective Lawyers by the Daily Business Review.

Talenfeld Most Effective Lawyers AwardTalenfeld, who recently opened Talenfeld Law, one of Florida’s first law firms dedicated to protecting injured, abused and neglected statewide and around the country, was recognized for work done as head of the Children’s Rights practice area with his former firm, Colodny Fass Talenfeld Karlinsky Abate & Webb, P.A., along with Babbitt, Johnson, Osborne & Le Clainche, P.A.

Specifically, Talenfeld and the other attorneys were acknowledged for their work on the case of Judith Leekin. While in New York, and later in Florida, the woman assumed numerous identities to adopt mentally disabled children and defraud city welfare officials.

When police raided Leekin’s Port St. Lucie home and found adopted children starved and handcuffed, Leekin’s arrest blew open a tragic breakdown of the New York City foster care system spanning three decades and two states.

Leekin had fraudulently adopted 11 special needs children in Queens, New York, in the 1980s and 1990s, using various aliases. She then collected more than $1.68 million in government subsidies. While she lived in luxury, the children endured continuous torture, abuse, and squalor. Ten survivors were accounted for. An 11th child disappeared while in her care and is presumed dead.

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Foster Child Injured, Killed by Foster Parents Highlights Outdated Laws

November 7th, 2014   No Comments   Abuse, Advocacy, Court Cases

In a case of egregious physical abuse of an injured foster child, a girl taken from her parents and handed to foster parents, who then fatally injured her, represents a horror story for any family facing outdated and dangerous laws. This case was in Texas, but it could have been anywhere. Alex Hill was 2 years old when she was taken from her birth parents for their marijuana use while the child slept in her bed. Her foster mother, whose husband had a long rap sheet for a variety of crimes, including drug use, recently was sentenced to life in prison for murder.

“By all accounts, towheaded Alexandria ‘Alex’ Hill, was a healthy and happy toddler, living with healexhillr parents,” wrote the Houston Press. “But [once she was removed from her home], Alex’s parents began to notice red flags about the conditions in the first home during visitations with their daughter…Alex had noticeable bruises, and the couple also found mold & mildew in the little girl’s bag.”

The case exemplifies not only how outdated drug laws that some states still have on the books and put foster children in jeopardy of physical abuse and wrongful death. But more importantly, as in Florida, the relationship between the state and its contracted community-based care providers raised ample questions.

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Florida Department of Children & Families ‘Safety Plan’ Provides No Safety for Mohney Kids

In a case of child abuse and family violence so horrific that child welfare advocates and wrongful death attorneys have said obvious “red flags” should have been apparent to all, domestic violence attorneys and child protection counselors are left to wonder whether the Florida Department of Children & Families’ creation of a “Safety Plan” for the Mohney family was a fool’s errand.

Father David Mohney was reportedly “controlling and jealous.” Wife and mother Cynthia Mohney “stumbling drunk” and abusive of their three children, according to news reports and official DCF documents. The children were left in fear of their mother.

It was their father they should have feared.

This month, David Mohney shot his three children, killing two – ages 14 and 11 – and leaving a 9-year-old in a medically induced coma. Mohney also shot himself. Yet this latest case of horrific and lethal child abuse should have been no surprise to anyone.

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Analysis: Undercount of Child Deaths Leave More Kids At-Risk for Harm

Can how a child dies under the care or watch of the Florida Department of Children and Families help determine whether the death stemmed from physical abuse, neglect, wrongful death or other harm? Apparently, opinions are mixed – especially during election season.

To Florida Gov. Rick Scott, the number of deaths of children who were under the care of the DCF statewide are open to question.

More directly, “…except for abiding by a new state law that required DCF to create a website listing all child fatalities, Florida has continued to undercount the number of children it fails,” the Miami Herald wrote in an investigation of deaths of children under the DCF.

Come have called undercount “cooked.” Most just want a fair accounting in order to help future children.

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Children’s Deaths Live On As Political Talking Points In Governor Campaign

October 15th, 2014   No Comments   Abuse, Advocacy, Commentary

Any child advocate, guardian ad litem or attorney who protects foster children and at-risk kids physically or sexually abused, harmed or otherwise a target of personal injury know discussions of their care and protection are delicate matters. So it is frustrating to those same advocates, guardians and attorneys to see candidates in the Florida governor’s race discussing the fate of at-risk kids in the highly charged and politicized campaign for the state’s highest office.

The Associated Press reported this week that Republican Florida Gov. Rick Scott has been telling the state’s voters that children neglected or abused in Florida are more safe with him as governor than when Charlie Crist was in Tallahassee.

While the two sides disagree about the statistics, and media reports are questioning the figures, one point remains: kids are not fodder for candidates for public office.

To be sure, children die, even those under the watch of or known to be at possible harm by the Florida Department of Children and Families. The Miami Herald investigative series, Innocents Lost, revealed some 477 kids known by Florida DCF have died over the past several years.

That they die is bad enough. That they’ve become fodder for the campaign trail is disheartening and disturbing.

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Man Charged with Abuse Approved as Foster Parent by Florida Department of Children and Families

Florida’s foster child advocates and attorneys who represent foster children who have suffered personal injury, physical abuse and sex abuse, and wrongful death are left wondering again how a man known by the Florida Department of Children and Families who was granted a foster parent license ended up being charged with killing a child in his care.

In a twist on news reports of children dying while under the watch of DCF, newspaper reports this week claim that DCF and its private contractors may have failed to completely review the background of Michael Beer before granting him a foster care license. The Port St. Lucie, Florida, foster parent was charged this week with beating to death Trysten Adams, a 2-year-old foster boy in Beer’s care.

Twenty years ago, Beers failed to help another 2-year-old who had been severely abused, according to news reports. The Miami Herald  reports that Florida DCF approved Beers’ foster care license in 2013, even though it knew of the episode.

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Cycle of Addiction, Abuse, Death: Mother, Children Murders and Grandfather’s Abuse and Suicide

As Florida child advocates and children’s rights attorneys grapple with the wrongful death, personal injury, and physical and sexual abuse suffered by the state’s at-risk and foster children, news from North Florida point to the cycle of mistreatment and abuse families suffer. The murder / suicide of a mother and her six children at the hands of her abusive father point to the horrors of the cycles of poverty, drug addiction and physical abuse.

Don Spirit apparently killed his daughter, Sarah, 28, and her six young children, before killing himself last week in the small North Florida town of Bell. Ms. Spirit’s fears were not unknown to local authorities. Several times she had reached out to police and agencies, even incurring threats of harm from her father for doing so.

Their lives spent together in what the New York Times called “a cycle of extreme poverty, drug addiction and domestic violence” came to an end this month. In death, they were released from the grips of repeated arrests for drugs and violence, the yoke of debt and drug addiction.

But the cycle lives on for countless other families caught in the same maelstrom.

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Florida Department of Children and Families Sued for Adopted Child’s Life of Abuse

September 16th, 2014   No Comments   Abuse, Court Cases, Damage Claims

The warning signs of child abuse, neglect and eventually possible wrongful death were etched across little J.B.’s reportedly horrible life as a child adopted by Carmen and Jorge Barahona. J.B. always was close at hand as Nubia Barahona, 10, and her twin brother, Victor, were allegedly physically abused, starved and mistreated. Teachers said Nubia Barahona would arrive at school unkempt and withdrawn and she would hoard or steal food. Eventually, Nubia was found dead in Jorge Barahona’s truck, while Victor suffered serious injury. Jorge Barahona is facing trial for trying to kill Victor; Carmen stands trial for the first degree murder of Nubia.

Now, it’s J.B.’s turn. The Miami-Dade County child who suffered years of abuse by her adoptive parents filed a lawsuit this week against the Florida Department of Children and Families and three of its employees.

According to the complaint, “J.B” was physically, sexually and emotionally abused by the Barahonas starting in 1999, when she was placed in their care by the Florida Department of Children and Families. The abuse lasted until she finally was removed in 2011 upon Nubia Barahona’s death.

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Article: Probes Into Alleged Abuse, Neglect at Florida Disabled Home Highlight Concerns

As guardians, advocates and attorneys for Florida’s most vulnerable children fight to prevent wrongful death and personal injury among at-risk children, we continue to learn of instances statewide where some levels of institutional care leave advocates wanting greater oversight. The Florida Department of Children and Families and regulatory officials have investigated claims of abuse and neglect at facilities statewide. One such facility is the Carlton Palms Educational Center in Central Florida, which has been the subject of such inquiry at least 140 times. The facility, which serves children and residents with severe disabilities, never has been disciplined, according to a recent news article.

No disciplined even followed the death last year of Paige Elizabeth Lunsford, a severely autistic and non-communicative 14-year-old child who almost immediately after admission to the facility in 2013. Soon after her arrival, she began retching, throwing up, was unable to eat and thrashed and flailed uncontrollably, according to those reports.

Soon, caregivers at the facility put the girl in restraints. But they never sought care beyond the teachers, nurses or doctor on staff. They never took her to an area hospital. As she lay with her wrists, ankles, biceps and waist bound, Paige grew increasingly ill.

The child from Margate, Florida, eventually died.

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Florida Foster Child Attorney, Advocates Agree: ‘Pivotal Time’ Child Welfare

When Florida Department of Children and Families interim Secretary Mike Carroll told foster child attorneys and child abuse advocates this week that he sought to both save children’s lives and also to “protect the light” in children’s eyes, he found no argument among attendees at the annual Child Protection Summit.

The audience of staunch child advocates and attorneys who represent at-risk children also fight for the rights of Florida’s most vulnerable citizens – the young, abandoned, sexually abused and those otherwise in need of guidance and protection in their lives.

The past few years have been both tough and promising. The Florida DCF has been under significant scrutiny, with a spate of deaths of children under its care or knowledge. A recent newspaper investigation revealed almost 500 such kids have died while supposedly under its watch or knowledge.

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Even in Death, Disabled Child Serves as Example that Helped Pass Vital Law

Advocates for Florida’s at-risk children are watching closely as a case unfolds regarding the aftermath of the death of Tamiya Audain. The 12-year-old, severely disable child died when the caregiver in whose care she was placed while under the protection of the state neither fed nor appropriately cared for the girl, officials charge. Tamiya died from starvation last year.

Four women have been charged in connection with her death. But to child advocates and whose who support efforts to improve the oversight of children under the care of the Florida Department of Children and Families and other local or state agencies, Tamiya’s death helped get passed critical legislation this year.

In fact, Tamiya became the example used by advocates to get the Florida Legislature to pass a law funding legal counsel for disabled kids.

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Florida Department of Children and Families Adds New Data to Child Deaths Site

Florida child abuse attorneys and advocates are watching a move to boost transparency around the deaths of children known to the Florida Department of Children and Families to be at risk of harm. The agency has added to a new website five years of data regarding child abuse deaths.

The pubic site, which was mandated by the Florida Legislature in the wake of the deaths of almost 500 children over the past several years, is being updated each week. It includes new data on the fatalities children stemming from neglect, abuse or other harm.

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