What is FCA?

Child Advocacy Blog

Search

Archive for the ‘Abuse’ Category

Florida DCF Secretary Adds Investigators to Nubia Barahona Death, but Misses Lessons Learned After Rilya Wilson’s Disappearance

Florida Department of Children and Families Secretary David Wilkins plan to decrease visitation and quality assurance related to foster children in the agency’s care raises questions about lessons learned following the disappearance of Miami child Rilya Wilson. The result could be more lawsuits and damage claims lodged as vulnerable children in the system are lost or overlooked.

Visitation is a key component in the care of these children. Case workers develop the rapport of a therapeutic relationship with the children. It’s been shown that if something’s going wrong in the household, children are more likely to open up to an adult they trust. Relying on computerization and audits will not work. You cannot de-emphasize the child being visited; you cannot replace the value and impact of a quality visit – and the quality assurance that tracks visits. Otherwise, the system is operating in the dark.

Cuts have proven ominous. Earlier this year, Gov. Rick Scott ordered billions in state budget cuts, which resulted in the elimination of 500 of the DCF’s 13,000 positions.

“We made a lot of mistakes,” Wilkins told the Daytona Beach News-Journal this week. He was referring to the case of Nubia Barahona, whose adoptive parents have been charged in her death and her brother’s torture. “It heightened for me the importance of improved child safety.”

Wilkins said change is afoot. According to the paper, “He said he would take aim at practices that have been rendered unnecessary with new technologies. The requirement that DCF caseworkers visit children in their custody every 30 days — formulated in response to the disappearance of 5-year-old Rilya Wilson in 2000 — could be de-emphasized in favor of better electronic monitoring of school, medical and department records.” He added, “Don’t be afraid of change.”

Barahona Abuse Case Motivates DCF Secretary Wilkins to Improve Abuse Hotline

David Wilkins, secretary of the Florida Department of Children and Families, says the agency has made changes following the “horrific” child abuse case of Miami twins Victor and Nubia Barahona. Wilkins says the changes were created to help prevent abuse from occuring again.

Wilkins says DCF has put in place 19 short-term changes to improve the safety of children under its care. Changes include new procedures for hotline workers and working more closely on investigations with law enforcement. Florida children now are safer as a result of the changes, Wilkins says, according to First Coast News.

The changes follow the February discovery of Nubia Barahona, who was found dead in a garbage bag in her adoptive father, Jorge Barahona’s truck in Palm Beach County. Her twin brother, Victor, was found doused with toxic chemicals and left clinging to life. A report released from a Miami-Dade County grand jury that found DCF missed signs of abuse in the case, placed too much trust in the adoptive parents and failed to communicate effectively with child abuse investigators, according to First Coast News. Read the entire story here.

Teen Dies in Lockup, Department of Juvenile Justice Staffers Suspended, Advocates Question Hiring, Promotions

In yet another case that leaves children’s rights advocates wondering how systems and fail safes put in place to protect the vulnerable and avoid damages and personal injury and wrongful death claims get side-stepped, the Florida Department of Juvenile Justice is investigating the death of a teen in its care – and under the watch of at least one employee with questionable work records, according to news reports.

Laryell King, a guard at the Florida Department of Juvenile Justice West Palm Beach facility where an 18-year-old teen died, had been force to leave her last job. She even had a note in her file: “NO rehire in any position.” Another staffer, lockup superintendent Anthony C. Flowers, had his own “checkered work history,” notes The Miami Herald, after reviewing both staffers’ records. Yet, both were hired or promoted — and now are two of five staffers who were suspended after the death of Eric Perez, who died after a night of vomiting, complaining of headaches and possible hallucinations.

Child advocates and children’s rights attorneys are left to wonder why the two were rehired or promoted through the system. Read the entire Miami Herald story here.

Florida Department of Children and Families Blasted in Barahona Abuse Case Grand Jury Report

July 26th, 2011   No Comments   Abuse, News & Events

In a case that Florida foster care and adoption advocates, attorneys and others have watched for months, a Miami-Dade grand jury delivered a scathing report related to Jorge and Carmen Barahona – the Miami couple accused of abusing and neglecting their adopted twin children. “Gripped by ‘a persistent, insidious bias of trust,’ (DCF) caseworkers and investigators gave Jorge and Carmen Barahona a pass every time concerns were raised that the couple was abusing and neglecting their adoptive children,” the grand jury said in its report, the Miami Herald wrote.

“So trusting was a state Department of Children & Families investigator that, on Feb. 10, when the agency received a report that adoptive twins Victor and Nubia Barahona were being tied up and locked in a bathtub, she left the Barahona home without ever seeing the children,” the Herald wrote of the report. ” She later wrote that the twins were at little risk of harm…’Were Nubia and Victor in the house tied up in that bathtub at that very moment?’ grand jurors asked in a strongly worded 25-page report. ‘We will never know.'”

Read the entire article here.

Florida Judge: Victor Barahona Dependency Hearing Closed to Public

The South Florida dependency court hearings for Victor Barahona, the young boy allegedly abused by his adoptive parents, will be closed to the news media and public, Miami-Dade Circuit Judge Maria Sampedro-Iglesia ruled this week. Victor is one of three adopted children of Jorge and Carmen Barahona. The parents are accused of fatally abusing Nubia, Victor’s twin sister.

Judge Sampedro-Iglesia ruled that closing the hearings would be “in the best interest of the children.” The Guardian ad Litem program requested the hearings be closed. The news media, including the Miami Herald and local television station WPLG ABC10, had argued against closing the hearings, the Herald reported.

Read the entire story of Victor Barahona’s dependency hearing here.

Florida Lawmakers Reject Child Abuse Funds, Some Blame Health Care Law

When the federal government offered some $50 million in funds earmarked for child-abuse prevention, some would have jumped at the chance to use such money to help society’s most vulnerable: Abused and neglected children. Instead, Florida lawmakers rejected the grants, which were tied to the federal Affordable Health Care Act. The reason: Lawmakers don’t approve of the Obama administration’s health care reform package.

“This is just crazy,” Gwen Wurm, assistant professor of clinical pediatrics at the University of Miami, and a board member of the Our Kids foster care agency, told the Miami Herald. “This is the model for what you want in a prevention program. They have proven results.”

What’s more, the federal Race to the Top educational-reform effort is tied to Healthy Families’ child-abuse prevention program. This could result in the loss of a $100 million, four-year federal block grant. Read the entire story here.

Florida Lawyers Argue Whether Victor Barahona Dependency Hearing Should be Open or Closed

July 19th, 2011   No Comments   Abuse, Adoption, Court Cases

Should dependency hearings related to the case of Victor Barahona be open or closed? That’s the question posed by advocates, guardians ad litem and media attorneys – and now facing a judge this week in Miami. Lawyers were arguing whether to close or keep open hearings regarding the boy, who at 10 was severely abused earlier this year, along his twin sister, Nubia. Nubia died from her injuries.

Jorge Barahona, their Miami, Florida, adoptive father, was found with Victor in critical condition and Nubia dead in Jorge’s pick-up truck. Both were victims of alleged abuse. An independent panel later found that Florida Department of Children and Families case workers’ efforts in the Barahona case were shoddy and was the result of “fatal ineptitude.”

According to the Miami Herald, “Lawyers for the Guardian Ad Litem program argued before Miami-Dade Circuit Judge Maria Sampedro-Iglesia that the hearings should be closed to protect Victor.” Read the entire story here.

News Report: New Records Released in Case of Jacksonville Foster Parent Licensed Despite Abusive Past

June 9th, 2011   No Comments   Abuse, Advocacy

New records released by the state revealed that a background check on a caregiver licensed to operate a day care center by the Florida Department of Children and Families failed to show her abusive past. Yet, attorneys and child care advocates are watching carefully as the DCF refuses to provide more details because of a pending damage lawsuit.

According to FirstCoastNews, “DCF gave Annette Smith a license to operate a day care in 2001 and one to be a foster parent in 2004. But Smith was convicted of child abuse in 1991, which according to DCF’s foster care checklist is a disqualifier.”

Family Support Services (FSS), the agency hired by DCF to monitor Smith, “noted Smith’s abusive past in 2006 when she was arrested and later convicted of abusing a foster child,” the publication noted

The documents released by DCF are partially redacted, the news organization reported. A background check performed by the Florida Department of Law Enforcement revealed only DUI arrests and convictions in 1992 and 1993. DUI is not a disqualifier for foster parenting or child care. Read the entire story here.

Florida DCF, Care Givers Say New Plan Will Improve System

Coming on the heels of the unsuccessful efforts of 20 private agencies that tried to have the Florida Legislature limit their liability, a “plan” is afoot to better protect foster and other vulnerable children Community Based Care providers are paid to manage. Notes the Palm Beach Post Editorial Board, “…A better use of their time will be putting into practice the changes that resulted from the terrible discovery three months ago along Interstate 95 in West Palm Beach.”

In a compelling editorial, the editorial board recounted “the horrific death of Nubia Barahona and equally horrific injuries sustained by her twin brother, Victor, allegedly at the hands of their adoptive parents.” The case “showed flaws in Florida’s child welfare system but did not indicate failure.

“Everybody started saying, ‘Well, the system is broken,’ ” said Carlos de la Cruz Jr., board chairman of Our Kids of Miami-Dade/Monroe, which handled the twins’ adoption. As he pointed out, that is not true.

Read the entire story here.

Legal Advocates: Barahona Adoption, Death Prompts Needed Changes at Agency Monitoring Foster Kids

Is change in the wake of the horrific death of Nubia Barahona and the critical injuries sustained by her twin brother sufficient to prevent future abuse to foster and adopted children in Florida? Without such change, lawsuits, damages, claims of personal injury and wrongful death will only continue, notes Florida child advocacy attorney Howard M. Talenfeld, president of Florida’s Children First.

Nubia Barahona

Nubia Barahona

The Palm Beach Post reports this week that “leaders of the private agency once charged with ensuring Nubia Barahona was safe with her adoptive family say the girl’s death has led to changes that could help caseworkers detect threats to foster children.”

“This case has caused a shift in [caseworkers’] thinking. — ‘Are these foster parents the good people? Do they want to adopt for good reasons?'” Our Kids CEO Frances Allegra, told the paper. Allegra recently co-wrote a 10-page plan to improve its case management in response to the death.

The paper notes that the final version of the plan has been reviewed and approved by Department of Children & Families Secretary David Wilkins. Read the Post’s story here.

Child Advocacy Lawyer: Tale of Florida Boy Abused, Lost By Mom, Shuffled Through System ‘Appalling, More Common Than Anyone Knows’

May 15th, 2011   No Comments   Abuse, Advocacy

The story of a young boy abuse by his mother, then Florida’s child-welfare system, is a disturbing one. The Orlando Sentinel’s Lauren Ritchie tells of torture that started before the Leesburg boy was 2 — with his mother severely beating him, his life spent living in filth and his being subjected to unspeakable horrors. “For the next several years, she ground the soaring spirit of that child into ashes,” the paper says.

The boy was slapped and punched by the woman and her boyfriend, who frequently were on alcohol and drugs. His sister, then 9, was forced to perform sex acts with other men while he watched. The boy recalls his mother forcing him into sex acts with some of the men, the paper writes.

Eventually, state child-protection workers investigated complaints and finally took him and his sister away and put them in foster homes. Then, “for the next seven years — the boy is 12 now — he was shuffled through 20 foster homes, sometimes staying for only a day or two at each. In the homes, he was ‘repeatedly revictimized and retraumatized,'” the paper reports of his mental-health evaluations.

The paper’s reporting reflects a very detailed, sensitive story illustrating what Florida’s child welfare system does to so many children, wrote child advocacy attorney Howard Talenfeld in a letter to the reporter. “In many cases, like the one where I represent 10 siblings, they spend their entire childhoods in care and some end up in our prisons. Others are severely disabled, have their parental rights terminated, are reabused, never are adopted, and end up in group homes. The number of children who lose their natural parents and are never adopted is appalling.”

Read the Orlando Sentinel’s original story here.

From Florida to New York, Horrors of Child Abuse Know No Bounds

May 9th, 2011   No Comments   Abuse

Marchella Pierce didn’t have a chance. Born prematurely with underdeveloped lungs, she spent much of her four years in hospitals, being raised amid the chaos of a combative family struggling with drugs, and the Brooklyn, New York, child died at a mere 18 pounds — half what she reasonably should have weighed. Like cases involving the Florida Department of Children and Families, Pierce should have been overseen by New York’s child welfare agency — and a private organization hired to ensure her well being. She wasn’t.

Most sadly, as child attorneys and advocates have witnessed with our own sad examples here in Florida, the New York City Administration for Children’s Services, prosecutors say, essentially ignored the family, the New York Times wrote.

“She died in September by the ugliest means,” the paper continued. “She withered in poverty in a home in Brooklyn where the authorities said she had been drugged and often bound to a toddler bed by her mother, having realized a bare thimble’s worth of living.

“An examination of Marchella’s bleak, fleeting life, drawn from interviews with relatives, neighbors and law enforcement authorities, as well as from legal documents, shows that almost nothing went right for her,” the paper continued. Read the entire story here.