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Archive for the ‘Abuse’ Category

New Law a Start, Now Florida Legislature, Agencies, Advocates Must Monitor Children’s Safety

With regard to The Herald’s series, Innocents Lost, about the 477 children who died while known by the Department of Children and Families to potentially be at risk, the cases all involved DCF’s knowledge from prior investigations of multiple red flags for children who would be at significant risk of future serious harm or death if left with their families.

In no system should children die at the expense of keeping families together, and this is where the Florida Legislature new enactment SB 1666 placed child safety as paramount. However, this law does not change federal mandate under the Adoption Assistance and Child Welfare Act of 1980 for states to use reasonable efforts to preserve families where it can, without jeopardizing the lives of children.

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North Florida Gainesville Foster Child Lawyer: We Must Break Cycle of Abuse to Keep Kids From Repeating It

North Florida and Gainesville foster child attorney and children’s advocate Gloria Fletcher wrote this letter in response to news that a 2-year-old boy, Justin Polk, was beaten and strangled to death in an Orlando-area hotel room. While no one’s been charged with his death, the Florida Department of Children and Families had been called to Justin’s home several times for reported domestic violence. If the reports were true and had Justin survived, writes Ms. Fletcher, who also serves on Florida’s Children First, he might have continued to live amid the cycle of abuse that scars society. We must break that cicle. Below is her letter…

Child advocate attorneys like myself in Gainesville, Ocala and throughout North Central Florida often fight in courtrooms and the public realm to protect the rights, health and welfare of Florida’s at-risk children. But all too often, the worst abuses go on in places we cannot see or reach – behind the family’s closed doors.

That’s apparently where 2-year-old Justin Polk died this month. He died in an Orlando hotel room of blunt force trauma and strangulation. No one has been charged with his death, though his mother and her boyfriend were arrested on charges of child abuse.

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Sen. Sobel Calls Florida Department of Children and Families Missing Records Inquiry a ‘Whitewash’

State Senator Eleanor Sobel (D-Hollywood), a staunch advocate for the state’s at-risk children and chairwoman of the Senate’s Children, Families and Elder Affairs Committee, has spoken out against the Department of Children & Families investigation records relating to kids who died under DCF watch “a cover-up and a whitewash,” according to news reports.

The investigation explored the agency’s inability to present documents and records regarding the kids’ deaths, especially those of 30 children in Palm Beach, Martin, St. Lucie, Okeechobee and Broward counties in DCF’s Southeast Region. Some have suspected possible destruction of child death records.

“I just think this is a huge cover-up that is going on to save their jobs and protect their public image at the expense of these kids,” Sen. Sobel was quoted in the Miami Herald. “They are obstructing information, they are obstructing justice, and they are obstructing transparency.”

At the request of the newspaper, the inquiry by DFC resulted in no records, files, emails or even hand-written notes.

“…though the inquiry was designed to quell criticism that DCF was hiding details — and entire records — regarding the deaths of children the agency is tasked with protecting, agency watchdogs and children’s advocates now have no means of scrutinizing the work product,” the paper reported.

Read the entire story here.

Child Deaths Grow: Sheriff Says Child Known to Florida DCF Strangled; Mother, Boyfriend Charged with Abuse

Attorney and lawyer advocates for Florida foster care children and at-risk youth are following the story of a boy strangled in Central Florida. The Florida Department of Children and Families reportedly had visited at least three times over the past few years the family of a boy whom the Orange County Sheriff office says was strangled this week. His mother and her boyfriend have been arrested and charged with abuse. This brings closer to 500 the number of deaths of children who were known to be at risk by DCF.

In this sad case, 2-year-old Justin Polk was found unresponsive at an Orlando-area motel. Investigators attributed his death to blunt force trauma and strangulation. His mother, Merissa Anderson, and her boyfriend, Jonathan Charapata, were arrested on child abuse charges.

In documents released later by Florida Department of Children and Families, it was revealed DCF had investigated the family three times in the last two years, according to News13.

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Critical Florida Children’s Advocacy Bill Awaits Governor Scott Signature

For as long as any Florida child advocate or children’s rights attorney can recall, Florida case law has said children have no constitutional right to an attorney in dependency court. That has meant kids’ futures would be decided with no attorney advocating for their needs, lives or futures.

In what some believe is a watershed moment for at-risk and vulnerable children statewide, the Florida Legislature this year passed House Bill 561. The measure requires the appointment of and payment for an attorney ad litem for Florida’s at-risk children facing court or dependency court proceedings. Read a Daily Business Review article.

Written in part by Howard Talenfeld, a leading Florida child advocacy attorney and shareholder with Colodny, Fass, Talenfeld, Karlinsky, Abate and Webb, P.A., the measure awaits the signature of Gov. Rick Scott. With widespread, bipartisan support – and the backing of advocates statewide – it is hoped this measure will be signed and children will received the professional advocacy they so desperately need.

New Child Death ‘Czar’ Named to Florida Department of Children and Families

Following through on his promise to address hundreds of the death of hundreds of children under the watch of the Florida Department of Children and Families, new DCF Interim Secretary Mike Carroll named the agency’s first statewide fatality prevention specialist. Lisa Rivera, a 17-year veteran with the agency who started as a child abuse investigator, is now the the agency’s top child death administrator.

The news comes in Carroll’s second week on the job – and amid calls for changes to how the agency addresses and tracks at-risk children. Read the entire story in Florida’s Children First, the state’s premier child advocacy organization.

Miami Herald: Governor’s Office Moves to Weaken Provisions in Child Safety Bill

A last-minute amendment to SB 1666 submitted by the Department of Children and Families and the governor’s office Friday was withdrawn and the Senate passed the bill unanimously to applause, the Miami Herald reported. SB 1666 is the Senate’s overhaul of the child welfare laws.

“Sponsored by Sen. Miguel Diaz de la Portilla, the 135-page amendment so late in the process was significant enough to prompt Sen. Andy Gardiner to call for a time out to give members time to absorb what the proposal would do,” the Herald reported.

“The ‘strike-all’ amendment would make several significant changes aimed at tamping down some of the provisions and oversight over the department, according to a document obtained by the Herald/Times. The summary of the amendment says many of the reforms would cost too much money.”

Read the entire Herald story here.

Miami Herald: Judge Rebukes DCF Over Kids Placement in Home Where Boy Died

When child welfare authorities tried to keep three children in the home their cousin recently had died of apparent abuse, a Miami judge lashed out at administrators. Miami-Dade Circuit Judge Rosa Figarola labeled the Department of Children and Families’ handling of the case “troubling,” and refused DCF’s request Tuesday.

Figarola “instead ordered the children into foster care,” the Miami Herald reported. “The next day, Figarola shot off a blistering email to agency administrators, accusing them of seeking to leave three small chidlren in harm’s way.”

The case stems from the death of 3-year-old Gerardo Perez, who was unresponsive at Homestead Hospital with bruises and bite marks on his body. His teeth were severely rotten teeth. He died on Monday. Child welfare authorities first sought to remove the other children. Then they asked a judge to leave the children, ages 3, 2 and 1, with their father, who pledge to keep the dead boy’s mother and his sister out of the house.

“The handling of this case illustrates that the same systematic failures that have plagued the Department and given rise to the devastation we recently observed are still being executed,” Figarola wrote. Read the entire story here.

Children’s Services Council – A Critical Safety Net for Our Kids

How much is it worth to help and protect at-risk children? How important is it to ensure our kids have services essential to their health, education and well being? Broward voters will be asked those questions in November – with implications felt for years to come.

A referendum will ask county residents whether to reaffirm the Children’s Services Council of Broward County. The organization provides early learning and reading programs, after school programs, developmental health, preventive and other children’s support services. It keeps families together and their children out of foster care, delinquency programs and prison. The Council is funded by an annual homeowner tax assessment.

How much does this cost? By one calculation, it’s about $60 for a $125,000 home in Broward County, or about $60 million countywide, spent by various organizations dedicated to protecting our kids.

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Florida Bar News: Foster Child Abuse Attorneys Back Bills to Provide Lawyers for Special-Needs Kids

The Florida Bar News this month discussed bills in both the House and Senate that would provide state-paid attorneys for dependent children with special needs. The publication spoke with Howard Talenfeld, the Fort Lauderdale attorney who serves as president of Florida’s Children First, an advocacy group pushing the proposed legislation, and Statewide Guardian ad Litem Director Alan Abramowitz.

“It’s the first time in history we have a director of the GAL supportive of attorneys representing children,” Talenfeld said.

When Talenfeld was president of The Florida Bar’s Legal Needs of Children Committee in 2009, he fought unsuccessfully to persuade the former GAL director to support legislation that would provide attorneys for dependent children, a key recommendation of the predecessor 2002 Legal Needs of Children Commission. He referred to the child advocates’ clashing views on representation over the years as “the Crusades.”

“It’s very important to signal to the guardians of the world that the Crusades are over,” Talenfeld said the day before CS/SB 972, sponsored by Sen. Bill Galvano, R-Bradenton, passed unanimously out of the Senate Judiciary Committee on April 1.

Read the entire story here.

Tampa Bay Times Letter: Legislature, DCF Must Act on Behalf of At-Risk Kids

For foster child advocates and the attorneys who strive to protect at-risk children from assault, physical abuse, sexual abuse and other personal injury, the word is getting around: The Legislature must act to protect these children. It also must compel the Florida Department of Children and Families to do more to meet its mandate to see that kids under its watch are, in fact, protected.

In that regard, the Legislature has led the charge for change. DCF Interim Secretary Esther Jacobo has welcomed more collaboration to protect children. And the news media, which released an investigative report on the deaths of 477 children under DCF watch, has been working in the public interest in covering this closely.

The Tampa Bay Times this week published a letter to the editor on the issue. Written by child advocate and foster care abuse attorney Howard Talenfeld, the letter applauded the Legislature’s actions, while calling for closer oversight of DCF. Read the entire letter here.

The more that Floridians know about these issues, the safer our children will be.

Foster Child Attorney: Proposed Law to Provide Attorneys for Children with Disabilities Passes Senate Children, Families, and Elder Affairs Committee

By a unanimous vote, SB 972, sponsored by Senator Bill Galvano (Bradenton), was approved by Florida’s Senate Children, Families, and Elder Affairs Committee today with overwhelming support. The bipartisan, bicameral initiative would provide attorneys to children with disabilities in foster care, many of whom linger in foster care longer than their peers, for an average of up to five years, and sometimes longer. Representative Erik Fresen (Miami) is the sponsor of the House companion bill HB 561, which also passed unanimously during its first committee meeting.

“We are grateful to the hundreds of volunteers across the state who give their time to help our children through programs like GAL and other local legal aides, but we have a moral obligation to make sure all of our medically fragile children and their families get the care they need,” said Sen. Galvano.

Under SB 972, the attorney would provide necessary legal representation in administrative and court hearings to help children obtain the services and support they need to be safe and well and to find permanent families. Recognizing the need for skilled representation, these lawyers would represent disabled children in applications for benefits and denial of benefits from the state and federal agencies, such as the Florida Agency for Persons with Disabilities, the Agency for Health Care Administration or the Social Security Administration.

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