Florida Child Advocate.com -- The Florida Foster Care Survival Guide -- is the one-stop resource for protecting the rights of children under the state’s care. We created this site for children, the families who love them, the caregivers who serve them, guardians who advocate for them, and the attorneys who counsel them in how to access resources and agencies, understand their rights, and address dependency, damages or disability claims.
Florida attorneys associated with Florida Child Advocate represent current foster children, former foster children and the physically disabled and developmentally disabled in negligence, abuse, physical abuse and sexual abuse, civil rights and damages claims against the Florida Department of Children and Families, its lead agencies and community based care providers, and other child welfare providers. These attorneys have helped recover hundreds of millions of dollars in damage claims in one of the largest and most successful Foster Care and Disabled Persons practice areas in the county.
This site is sponsored by the law firm Justice for Kids. Attorneys involved with this site include Howard Talenfeld, Stacie J. Schmerling, Justin Grosz, Nicole R. Coniglio, Lisa M. Hoffman, Lelia Schleier, Jillian E. Tate and Julianna B. Walo.
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In a violent, murderous rampage that one local newspaper called a “bloodbath,” a child was left with a knife embedded in his skull, his autistic brother and a stranger killed – and his pedophile father and perpetrator of the violence dead of suicide. The Florida Department of Children and Families could have predicted the 2012 outburst, given the man’s history of physical abuse and sexual abuse against his children.
The lawsuit claims the 2012 event at the Deerfield Beach trailer park resulted from the state returning the boy to his parents. The agency already had removed the boys from the care of the parents, who had been accused by several sources of repeatedly molesting the boy, despite growing evidence and reports the boy was terrified of his parents. A half-brother reportedly even warned agency officials of the man’s sexual assaults on him when the man lived in New York.
To children’s rights attorneys and lawyers who have fought and sued to protect at-risk and medically needy children’s civil rights and for damage claims, a lawsuit filed by the U.S. Department of Justice against Florida healthcare agencies was welcome news.
In the face of continued spending cuts, questionable practices and corrective measures one children’s rights attorney called “window dressing,” the U.S. Department of Justice this week filed a civil rights lawsuit claiming the state has been violating the 1990 Americans With Disabilities Act.
The suit seeks to halt the state’s practice of “warehousing” disabled minor children in adult nursing homes, sometimes even when parents were willing to provide suitable home-based care, with the assistance of necessary caregivers. Funding for such caregivers was deeply cut in recent years, even as funding for questionable institutional care was increased.
Pamela Graham, the former caretaker of the foster child, Rilya Wilson, who went missing and never was found, had her probation terminated this week and her expected jail time eliminated, according to news reports. This comes after nine years of Graham’s cooperation with prosecutors in the trial and conviction of Geralyn Graham, the caretaker convicted of kidnapping and torturing Wilson.
Pamela Graham, who is not related to Geralyn Graham, in 2004 pleaded guilty to two counts of child neglect. Then last year, she testified against Geralyn Graham, her one-time live-in lover. Today, Geralyn Graham is serving out 55 years in prison for her crimes. The jury deadlocked on a first-degree murder charge and the prosecutor has said the office plans to retry Geralyn Graham on that charge.
Though Rilya – whose name is an acronym for “Remember I Love You Always” – lived a short, tortured life, her case resulted in changes at the Florida Department of Children and Families and greater awareness on how foster kids are followed by the department and other organizations.
A $2.2 million settlement negotiated by attorneys for two young girls who were repeatedly sexually abused by their mother, even after experts warned and judges admonished community based care provider ChildNet Inc., and the Florida Department of Children and Families, recently was profiled in South Florida publication, Daily Business Review.
As part of the settlement, ChildNet will pay its maximum policy limit of $2 million; DCF, which contracted ChildNet for services, will pay its statutory cap of $200,000. Read the story here.
According to news releases, ChildNet and DCF refuse to accept any responsibility for their repeated and gross negligence, regardless of the settlement, said Joel Fass, a partner with Colodny Fass Talenfeld Karlinsky Abate & Webb P.A., who along with Howard Talenfeld and Stacie Schmerling were the plaintiffs’ counsel.
Child care advocates and attorneys who sue for the rights of foster children abused, harmed and who suffer personal injury and wrongful death at the hands of foster parents or caregivers had some reason to celebrate this week.
In a case that received national attention, Geralyn Graham this week received a 55-year sentence for the kidnapping and child abuse of little Rilya Wilson. Though the child is presumed dead, no body was ever found and the jury deadlocked on the murder charge.
Child advocate and children’s rights attorney Howard Talenfeld penned this opinion piece recently for the South Florida Sun-Sentinel. The lingering question remains: Though the lessons seemed clear to the community, and the Florida Department of Children and Families has instituted some changes, has it heard the message? One can only hope.
When jurors this week convicted Geralyn Graham of abusing and kidnapping foster child Rilya Wilson, who had been left in her care and later lost for almost two years by the Florida Department of Children and Families – but deadlocked on the murder charge — it represented a partial victory for the system and little Rilya. The kidnapping charge comes with 30 years to life in prison, with the aggravated child abuse bringing 30 years with five additional years for child abuse. But 10 years after her disappearance, questions and concerns still remain for those concerned about avoiding child abuse, personal injury and damages t0 Florida’s most vulnerable.
Although justice was done today when the jury finally convicted Graham of kidnapping and aggravated child abuse, Florida DCF has forgotten many of the lessons learned from the Blue Ribbon Panel about the 193 other children who are listed n DCF’s web site as missing from their placement today.
They are ages 6 through 18 and the public has no idea how long each of the children has been missing. One is as young six years old girl, and DCF does not know where she is today.
How many other Rilya Wilsons are out there. How many will perish? How many are victims of physical and sexual assault? How many are in harm way?
Colodny, Fass, Talenfeld, Karlinsky, Abate & Webb shareholder and foster child advocate and personal injury attorney Howard Talenfeld was interviewed on WSVN 7 News Miami regarding a suspected sexual abuser who attacked two teens at Kids in Distress in Wilton Manors. In the aftermath of the assault, two child care workers at the emergency shelter for abused and neglected children were fired. But the two victims could suffer life-long mental pain following the assault, Talenfeld said.
Meanwhile, police continue to search for man who jumped the fence, sexually assaulted the two teens, then ran off. Police now are distributing a police sketch of the man, who police believe has a tattoo on one shoulder and the scar from a gunshot wound on the other shoulder, the Sun-Sentinel reports.
The case was dramatic – where most tend not to be. In a hearing room, a single mother – present with her severely disabled 10-year-old daughter – fought state healthcare administrators to give her child the care doctors say she needs. With child advocacy attorney Howard Talenfeld at her side, the woman alternated between stating her case – and providing the type of care she insists the child will not get if sent off to a geriatric nursing home, like so many such disabled children are under Florida guidelines and practices.
She’s not alone. “In September, the U.S. Justice Department said Florida had ‘planned, structured and administered a system of care that has led to the unnecessary segregation and isolation of children, often for many years,’ in geriatric nursing homes,” reported the Miami Herald.
“Children in such homes often spend their days in virtual seclusion, lying in bed or watching television, the civil rights division wrote.” With Talenfeld at her side and handling the case pro bono, the single mother sought to fight the way Florida cares for its most at-risk, disabled children.
The Daily Business Review in Miami / South Florida reports on the 10 severely disabled adults, including four who are homeless, who will get help under a $9.7 million settlement with New York City for abuse they suffered as children or young adults in an adoption scam perpetrated by Judith Leekin.
Two South Florida law firms – one whose partner is Howard Talenfeld, considered among the top child abuse, personal injury, damage claims and wrongful death attorneys focused on foster child and at-risk populations – negotiated the settlement.
The lawsuit filed in New York federal court in 2009 in collaboration with Children’s Rights Inc., a New York-based nonprofit law firm.
“The partial settlement could not have come at a better time because four of these young adults are homeless and need the settlement immediately just to survive,” said Talenfeld, with Fort Lauderdale firm Colodny, Fass, Talenfeld, Karlinsky, Abate & Webb said. “We’ve come too close to losing one or two former Leekin children, and we had to act.”
The other attorney, Ted Babbitt of Babbitt, Johnson, Osbourne & Le Clainche in West Palm Beach, said $3 million each would go to two adoptees placed with foster mother Judith Leekin through a city-run adoption office. The city’s liability was higher in those cases because of its direct involvement.
In a 15-year-old court case against a “colossal breakdown” of New York City’s foster care system, damages were awarded to 10 disabled people whom their plaintiff attorney said were fraudulently adopted and subsequently subjected to years of horrible child abuse and physical abuse. The $9.7 million award settlement for damage claims in the case of foster parent Judith Leekin, who moved to Florida and now at 67 is in prison for a fraud conviction, comes at “a crucial time” for the plaintiffs, said plaintiff attorney and Florida child advocacy lawyer Howard M. Talenfeld, as quoted in the New York Times. The former foster children now are mostly in their 20s. Some are homeless. All have special needs, from physical and developmental disabilities, to retardation and autism. Because of the precariousness of the plaintiffs’ situation, Talenfeld told the paper, trusts or structured settlements will be used to ensure they “will have resources to protect them in the future.”
City officials admitted no fault in the settlement. The city was the first of four defendants in the case. Cases against three private adoption agencies that had contracts with the city are pending. In all, Ms. Leekin collected $1.68 million in foster child subsidies by using aliases to adopt the children. Instead of providing them care, she restrained them with plastic ties and handcuffs, beat them with sticks and hangers – and personally lived a lavish lifestyle.
Child advocates and child welfare attorneys are watching closely as a trial sparked by the disappearance of a young girl gets started. In the balance hangs how the state tracks youths – and how lawsuits, damages and personal injury stemming from children being physically abused or sexually abused, neglected or the subject of wrongful death may hold the state accountable.
As the murder trial starts for Geralyn Graham – the caretaker for foster child Rilya Wilson, who was last seen alive more than a decade ago while under the supposed watch of the Florida Department of Children and Families – many questions remain.
Rilya’s body has never been found. It had been more than a year since a state worker last saw the child. She’s long since been presumed dead. But the impact of this little girl has been dramatic upon Florida DCF, its leadership and the way kids under its watch are actually watched, documented and protected.
DCF went through an administrative house cleaning after news of Rilya’s disappearance emerged. Hearings were held. DCF employees were fired; the top administrator in Miami resigned and the DCF secretary left. A report was issued. The Florida Legislature got involved.
The death of Marie Freyre – a 14-year-old child with cerebral palsy and prone to seizures – is a sad example of a preventable wrongful death that attorneys believe could result in a civil damages case and damage claims. One newspaper called her example a “bitter reminder of a dog fight” being waged between federal civil rights lawyers and the state health administration officials who attorneys and advocates accuse of warehousing sick and disabled children in adult nursing homes.
The agencies responsibility for cutting private duty nurses to Marie and others like her must be held accountable civil damages cases.
“The U.S. Justice Department’s Civil Rights division has threatened to sue the state if it does not take steps to care for sick children outside of large institutions,” the Miami Herald wrote.
“Records obtained by The Miami Herald from the state agency that has defended the practice of housing children in nursing homes, as well as records from other agencies and advocacy groups, show the children in such facilities often receive little education, are provided few activities and can suffer grievous neglect,” the paper reported. “Two of the six nursing homes that house children are on the state’s ‘watch list’ of deficient facilities; one is on both the state list and a federal “special focus” list of marginal homes.”
Yorkville, IL – August 12, 2025 – Fox 32- Illinois lawmaker, DCFS dispute legality of intern investigators in child abuse cases An Illinois lawmaker is accusing the Department of Children and Family Services (DCFS) of breaking state law by allowing uncertified interns to conduct child abuse and neglect investigations, while the agency says all investigators meet legal certification requirements.
Springfield, IL – April 25, 2025 – Capitol News Illinois- Illinois community-based foster homes face insurance ‘crisis’ Insurance companies are reducing the scope of coverage for some community foster agencies in Illinois, leading to higher costs, diminished coverage and fewer options for agencies who say a continuance of the trend could lead to closures.
Cook County, IL – March 24, 2025 – WCBU- Illinois’ child welfare agency failed to produce critical reports after child deaths The state agency responsible for keeping Illinois’ most vulnerable children safe has failed to produce legally required public reports after examining what went wrong in hundreds of cases of child deaths and thousands of serious injuries, the Illinois Answers Project reports.
Chicago, IL – March 22, 2025 – ABC 7 Chicago- Illinois child welfare agency’s reporting on abuse and deaths scrutinized The Illinois Department of Children and Family Services is now under scrutiny for its lack of proper reporting on child abuse and neglect cases, according to a report from the Illinois Answers Project.
Tallahassee, FL – March 9, 2025 – WFSU- Two Florida state agencies announce new tools for combating human trafficking Two state agencies are working to identify kids vulnerable to sex trafficking before they’re victimized. The Florida Department of Children and Families and the Florida Department of Law Enforcement have announced an enhanced screening tool and new grant funding for law enforcement.
Chicago, IL – January 31, 2025 – NPR Illinois- DCFS launches new app for caseworkers and families The state of Illinois is rolling out a new app to help parents of abused and neglected children better communicate with their Department of Children and Family Services [DCFS] caseworkers and with other service providers.
Broward County, FL – January 30, 2025 – The Sun-Sentinel- Broward Sheriff’s Office will stop staffing juvenile detention center in May Blaming staff shortages and an unsafe building to work in, the Broward Sheriff’s Office will no longer send deputies to work at the state’s Department of Justice’s Juvenile Assessment Center.
Chicago, Il – November 8, 2024 – CBS News Chicago- Troubled teen who escaped DCFS caseworkers was not placed into secure facility after being found A 17-year-old with a violent history escaped from his caseworkers in Chicago last month, and it turns out the foster child in the care of the Illinois Department of Children and Family Services was not placed in a secure facility recommended to the state after being brought back into custody.
Miami, FL – September 3, 2024 – Miami Herald- Rising costs of care could strain funding for Florida program for brain-damaged kids Facing withering criticism from parents, advocates, lawmakers and insurance regulators, Florida’s compensation program for children born with catastrophic brain injuries opened its bank account three years ago and improved the lives of some of the state’s most disabled children.
Austin, TX – July 18, 2024 – WPLG Local 10- Largest housing provider for migrant children engaged in pervasive sexual abuse, US says Employees of the largest housing provider for unaccompanied migrant children in the U.S. repeatedly sexually abused and harassed children in their care for at least eight years, the Justice Department said Thursday, alleging a shocking litany of offenses that took place as the company amassed billions of dollars in government contracts.
Homestead, FL – May 16, 2024 – WPLG Local 10- Homestead couple accused of murdering their 6-month-old baby girl Two 24-year-old parents brought their 6-month-old to Homestead Hospital in cardiac arrest Sunday afternoon; doctors found that the baby had no pulse and signs of severe child abuse, according to police.
Brevard County, FL – May 16, 2024 – WESH 2 Orlando- Family sues Brevard County day care for alleged child abuse and negligence An incident at a Brevard County day care involving a child and teacher has led to more allegations of child abuse and negligence after the Department of Children and Families studied surveillance video.
Wildwood, FL – May 4, 2024 – Fox 35 Orlando- Florida DCF worker accused of abusing 11-year-old foster child A Kids Central employee was arrested after he aggressively threw an 11-year-old foster child onto a couch and hurt her, according to an arrest affidavit from the Wildwood Police Department.
Tallahassee, FL – May 3, 2024 – The Tampa Bay Times – Nearly 600,000 Florida kids shed from government health care, study says Nearly 600,000 Florida children lost their government-provided health insurance last year after the federal government ended the national COVID-related health emergency, more than any other state except Texas, according to a newly released report by the Georgetown Center for Children and Families.
