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Archive for the ‘Court Cases’ Category
It was a horror to see – even to any veteran child advocate, childen’s rights lawyer, foster care professional or Miami-Dade Circuit Judge Cindy Lederman – all people accustomed to seeing the abuse, personal injury and the scars of mistreated children. When the 9-year-old boy showed up in her courtroom, the judge likened the emaciated child to a concentration camp survivor.
His uncle said he was unaware of the boy’s condition. A photograph revealed a child so emaciated that his eyes bulged and his bones protruded from his skin. According to the Sun-Sentinel, the boy was “found wandering his North Miami Beach neighborhood Saturday — beaten, naked and starving.
“His parents, Marsee Strong, 34, and Edward Bailey, 40, remain at the Miami-Dade County Jail on charges of aggravated child abuse and neglect on $65,000 bail.” Read the entire story here.
A damage award settlement is being discussed in a case that’s shaken the Florida and New York social services arena for foster, adoptive and disabled children.
In “one of the most disturbing child welfare fraud cases in New York City in recent years,” Judith Leekin “used four aliases to adopt the children, who had physical or developmental disabilities, including autism and retardation, and later moved them to Florida. The children were caged, restrained with plastic ties and handcuffs, beaten with sticks and hangers, and kept out of school, according to court papers. An 11th child disappeared while in Ms. Leekin’s care and is presumed dead,” according to the New York Times.
Florida children’s rights attorney Howard Talenfeld is handling the case.
The significant civil rights case argued by lead counsel Howard Talenfeld, partner with Colodny, Fass, Talenfeld, Karlinsky & Abate, P.A., recently was persuasive in the 4th Circuit Court of South Carolina’s decision to change its prior decisions regarding social worker qualified immunity and substantive due process rights of foster children in Doe v. South Carolina Department of Social Services [597 F.3d 163 (4th Cir. 2010)].
In the original case, H.A.L. v. Foltz, No. 07-15791 (11th Cir. 12/15/2008) (11th Cir., 2008), the 11th Circuit Court in Atlanta let stand an action brought by three young boys sexually abused by two older boys in the same Florida foster home. The court agreed in this significant civil rights case that the state had violated the children’s Fourteenth Amendment substantive due process rights to physical safety and to be free from an unreasonable risk of harm. Talenfeld won for his clients a settlement of $2.925 million – and a change in how the state must treat foster children.
Read the brief here.
Following the torture and death of Nubia Barahona, and the serious personal injury to her twin brother, Victor, the Florida Department of Children and Families should realize that high stakes involved in these cases mean “it’s high time that DCF put a higher priority on the people who make life-and-death decisions for the state’s most vulnerable citizens,” writes the Orlando Sentinel.
The stakes are high, and state legislators are realizing this. In September, they heard from – and had strong words for – new Department of Children and Families Secretary David Wilkins for what an independent panel called “fatal ineptitude” in the Barahona abuse and death case.
With higher pay to those investigators tasked with keeping tabs on foster children might come better oversight. Read the entire story here.
The Florida Department of Children and Families has hired 100 additional child investigators following the death this spring of Nubia Barahona, 10, and the critical, personal injury suffered by her twin brother, Victor. DCF administrators hope to reduce child investigator caseloads.
DCF has diverted millions of dollars from other areas to boost recruitment and training of child protective investigators. Secretary David Wilkins, speaking to legislative committees Tuesday, said his department has “reduced child investigator caseloads by 30 percent and plans to reduce them by another 30 percent,” notes WTVY.
“DCF is asking permission to redirect $35 million to revamp
technology and overhaul the abuse hotline,” the media outlet reported. “The Legislature provided $5 million last year to begin the process.”
In the wake of the death of adopted child, Nubia Barahona, and the critical, personal injury suffered by her twin brother, Victor, emotions rose among senators as they questioned why signs of danger were ignored. Florida Department of Children and Families Secretary David Wilkins said “breakdowns between investigators and supervisors kept the state from doing more to save” Nubia’s life, according to Capitol News. Jorge and Carmen Barahona, Nubia’s foster parents, were arrested for her death in February.
Wilkins says the department is open to any changes that would make Florida’s foster care system safer. Child advocacy attorneys and guardians statewide support changes that would prevent such lapses in the future.
Read the entire story here.
The abuse, torture and murder of Nubia Barahona, and the critical injuries and personal injury suffered by her twin brother, Victor, in West Palm Beach in February have the Florida Department of Children and Families seeking budget increases from state lawmakers to bolster child-protective investigations.
Although such action is commendable, the cutting of the budget to eliminate Quality Assurance workers and DCF’s lack of emphasis on the quality of case work is concerning. This reduces department oversight capabilities of their lead agencies and providers.
Nubia Barahona was found decomposing in the bed of her adoptive father’s pick-up truck three days after she’d been killed. Victor was in the passenger seat in critical condition. Both had been bound and brutalized – even as state investigators were outside the family home being misled by their adoptive mother, Carmen Barahona. Now, both Carmen and husband Jorge Barahona face first-degree murder charges.
According to Flagler Live, “A DCF budget proposal submitted this week seeks tens of millions of dollars to add and retain child-protective investigators, improve technology and better coordinate efforts with local law enforcement…The budget documents outline problems with high turnover among investigators, large caseloads and low pay.”
Read the entire story here.
By Gloria W. Fletcher
The tale of Rilya Wilson is as heartbreaking as they come – even if the Florida Department of Children and Families, child care attorneys, legal advocates, guardians and others don’t know for certain the whereabouts of the Miami foster child. Wilson was 4 when she disappeared in 2000. Her case raised an uproar among child welfare advocates who let it be known that there were over 400 missing foster children like Rilya on any one day in Florida.
Although there were exhaustive efforts to find Rilya and some systemic reforms implemented to find other missing foster children, some 11 years later, no one has seen her since – and her onetime caregiver, Geralyn Graham, stands accused of kidnapping, abusing and smothering her. Indicted in 2005, she is scheduled to stand trial for first degree murder later this year.
Throughout the intervening years, the Florida Department of Children and Families has borne the brunt of criticism of its handling of such cases. Such was the case with the death of 10-year-old Nubia Barahona and the critical injuries suffered by her twin brother, Victor, allegedly at the hands of adoptive parents Jorge Barahona and his wife, Carmen. The couple faces the death penalty, if convicted.
(more…)
The ChildLaw Blog writes how “Echos of the Masha Allen case play out in a New York courtroom.” The editorial focuses on the story of adoptive parent Judith Leekin, and how details of her child abuse and the personal injury it caused disabled kids “share shocking similarities to Masha Allen’s second adoption.” The writer commented that, according to the New York Times…
“More than 30 years ago, a Queens foster mother was investigated and cited for scalding a boy in her care. But despite that finding, the city did nothing in the decades that followed to prevent the woman, Judith Leekin, from carrying out one of the most brazen and disturbing child welfare schemes in recent memory.
“The failure of child welfare officials to bar Ms. Leekin from the system after that 1980 episode is one of the most striking revelations in new court reports filed in a Brooklyn lawsuit. Ms. Leekin was arrested in 2007; the authorities determined she had adopted 11 disabled New York foster children using aliases, then moved to Florida, where she subjected them to years of abuse — all the while collecting $1.68 million in subsidies from New York City until 2007.
Read the entire story here.
Judith Leekin, cited in Broward County, Florida, for abusing foster children, was cited for abusing a child in 1980 in Queens, N.Y. But instead of stopping future adoptions, Leekin was allowed to adopt 11 disabled New York City foster and disabled children. She reportedly abused them in St. Lucie County, Florida, more than a decade later, according to new court documents. Abuse included beating, handcuffing, forcing them to sleep in a closet, keeping them from school and refusing them medical care, Port St. Lucie police reported. She also defrauded New York state’s adoption system out of $1.68 million, according to a federal court ruling.
Read the entire story here.
The widely publicized child abuse case of Judith Leekin — and the personal injury it caused the children she cared for — has been portrayed in the media and by children’s rights attorneys as a significant breakdown in New York’s adoption system. Documents, which provide a look into her motives, are part of a 2009 civil rights lawsuit against the city brought in Federal District Court on behalf of 10 of those children (the 11th disappeared while in her care and is presumed dead), the New York Times wrote.
The Times reported, “The suit refers to the city’s child welfare system as ‘a maze of dysfunctional bureaucracy operating under unconstitutional policies and practices.’ It also charges negligence by three private organizations that had city contracts to handle some of the adoptions.”
Read the entire New York Times story of Judith Leekin here.
Victor Barahona, the Miami, Florida, boy who suffered terrible personal injury when he was tortured – and his twin sister killed – allegedly by their adoptive parents, today is in a custody battle playing out in a Miami courtroom. Florida child advocates and others are watching as a judge decides whether Victor will go to Texas relatives, or stays in Florida to await the trial of Jorge and Carmen Barahona.
“Over the past three days, Miami-Dade Circuit Judge Maria Sampedro-Iglesia conducted a hearing to determine who should get custody of the now-11-year-old survivor of a harrowing, yearslong ordeal in the adoptive home of Carmen and Jorge Barahona, the couple charged with killing his twin sister Nubia and torturing him,” the Miami Herald wrote.
Florida child welfare officials prefer the boy be raised by his uncle and extended family in Texas. The courts will decide.
Read the entire story of Victor Barahona here.
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Tallahassee, FL – August 27, 2025 – WJHG News Channel 7- New law makes moving easier for Florida foster families Moving is stressful enough, but for foster families in Florida, it’s often meant starting from scratch.
Miami, FL – August 14, 2025 – NBC 6 South Florida- North Miami couple arrested after kids found ‘severely malnourished’: Police A North Miami couple was arrested for child neglect after authorities said their two young children were found “severely malnourished” and one had arm and leg fractures.
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.
Miami Gardens, FL – August 5, 2025 – CBS News- Miami Gardens mom faces neglect charges after nine children found living in “deplorable conditions,” police say A Miami Gardens mom is facing multiple counts of child neglect after police discovered nine children living in a home in “deplorable conditions,” according to Miami Gardens police.
Riviera Beach, FL – July 7, 2025 – CBS 12 News- DCF won’t comment after 7-year-old girl stomped to death; mom charged with murder It’s the agency with the most important mission in the state: keeping kids safe.
Tallahassee, FL – July 4, 2025 – WCJB- New Florida laws expand access to care for children with disabilities Children with disabilities across Florida will soon see more support, thanks to two new state laws aimed at improving access to care.
Clewiston, FL – May 27, 2025 – Fox 4- Clewiston city director arrested, accused of sending explicit texts to child A City of Clewiston operations director is facing serious charges – accused of sending sexually explicit texts to a 12-year-old girl.
Miami, FL – April 30, 2025 – NBC Miami- ‘Wish you well in hell’: Survivor quotes Cardi B as nurse gets life in adoptive daughter’s murder A Miami-Dade nurse convicted in the 2018 death of her 7-year-old adoptive daughter and the abuse of her other two adopted children was sentenced to life in prison on Wednesday.
Orlando, FL – April 29, 2025 – WFTV 9- Records show Florida knew about defects in application portal for DCF benefits For more than a year, Florida’s Department of Children and Families has been telling 9 Investigates there are no problems with the state’s website for SNAP and Medicaid benefits.
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.
Miami, FL – April 1, 2025 – WPLG Local 10- Disgraced ex-NYC councilman caught with child sex abuse videos at Miami airport, feds say A former member of the New York City Council — who left office in disgrace leading up to a federal bribery conviction — is now in the feds’ crosshairs again: this time in South Florida.
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.
Vernon, CT – November 19, 2024 – WLBT- Woman left 4 kids home alone in ‘filth’ for days while she took a trip to New York, police say A woman in Connecticut is accused of leaving her four kids alone for days while she took a trip to New York, according to authorities.
Flagler County, FL – November 10, 2024 – CBS 12- Flagler County middle school employee accused of attacking disabled student An employee at Indian Trails Middle School has been accused of child abuse after she was caught on camera striking a disabled student in an unprovoked attack.
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.
Jacksonville, FL – September 20, 2024 – Action News Jax- Duval County teacher under investigation after 8-year-old is injured A Beauclerc Elementary School teacher is being investigated by Duval County Public Schools after a physical incident with an 8-year-old student.
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.
Orlando, FL – September 2, 2024 – Orlando Sentinel- Autism drowning deaths prompt push for children’s specialized swim lessons Drowning is the number one cause of death for kids with autism and Florida leads the nation in fatalies.
Aventura, FL – August 5, 2024 – WSVN News 7- Parents arrested after leaving toddler in hot car while they shopped at Target in Aventura, police say A man and woman were arrested on child abuse charges after allegedly leaving their 2-year-old child in a hot car while they shopped at Target in Aventura.
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.
Daytona Beach, FL – July 9, 2024 – WESH 2- Police: Man arrested in Daytona Beach after dangling, dropping child off second-floor resort balcony A 31-year-old man was arrested on Saturday after allegedly dropping a 4-year-old off the second floor of a Daytona Beach resort, according to an affidavit from the police department.
Palm Coast, FL – July 7, 2024 – WSVN 7- Florida woman charged with child neglect after good Samaritan finds 2-year-old son wandering near busy road alone A good Samaritan found a 2-year-old boy wandering in a Florida neighborhood all alone, and now the child’s mother is facing charges after she was found fast asleep inside their home.
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.
Chicago, IL – May 7, 2024 – WSIL – TV- Lawsuit alleges pervasive child sexual abuse at Illinois juvenile detention centers for decades A group of 95 people filed a lawsuit in Illinois on Monday alleging they were sexually abused as children in juvenile detention centers across the state for over two decades.
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.
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