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Archive for the ‘Department of Children & Families (DCF)’ Category

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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Florida Child Abuse Attorney: Legislature Must Change DCF After Children Die Under Agency Watch

The Florida Department of Children and Families is facing renewed scrutiny in the media and the Florida Legislature after an investigation by the Miami Herald revealed the deaths of 475 children known by the agency to be at risk of child abuse, neglect or grievous harm. Child advocate and child abuse attorney Howard Talenfeld, also president of Florida Children First, says the problem is existing Florida requires cases be closed within two months – regardless of the investigators’ findings.

The law must change.

“The problem is, we have a state statute that says after 60 days the investigation is closed and so the investigations are closed and there is no follow up in many cases with respect to services the family and a child needs to protect the child,” Talenfeld told NBC Miami.

 

Child Abuse Attorney, Florida Senate Committee Address Issue of Children’s Deaths in ‘Porous’ Welfare System

Leading Florida child advocate and children’s rights attorney Howard Talenfeld addressed the Florida Senate Children, Families and Elder Affairs Committee this week, as they sought to stem a year’s worth of damning news of dozens of children who died from abuse and neglect while under the watch of the Florida Department of Children and Families and its various community based care providers and private contractors.

HT at Senate HearingLater, the Florida Senate committee passed several proposals advocates and leaders hope will improve the quality and quantity of regulation over the state’s child welfare system. The goal, in part, is to improve what Senate President Don Gaetz called “a porous system,” according to the Miami Herald.

Addressing the wide-ranging areas in need of correction, Talenfeld spoke of the need to directs DCF to keep siblings together when placed into foster case, as well as tackling child-on-child sexual abuse, expanding child safety plans and extending 60-day case reviews.

“After 60 days, it’s over,” Talenfeld said. “There’s no one watching the children. There’s no one watching the family and someone is waiting for the next shoe to fall.”

Read the Miami Herald coverage here.

Proposed Law to Provide Attorneys for Disabled Children Passes House Civil Justice Sub- committee

Tallahassee, Fla. – (February 19, 2014) – By a unanimous vote, HB 561, sponsored by Representative Erik Fresen (Miami), was approved by Florida’s House Civil Justice Sub-committee today. The proposed bill would provide attorneys for Florida’s disabled children who linger in foster care for an average of up to five years, and sometimes longer.

“In order to protect the well-being and welfare of one of our most vulnerable populations in the State of Florida, our disabled dependent children, we must provide them with additional tools,” said Rep. Fresen, the bill’s House sponsor. “By providing these children legal representation, we are helping to ensure that all of the benefits afforded to them are delivered with the ultimate goal of finding permanent residency.”

Under HB 561, the attorney would provide necessary legal services, including Medicare waiver benefits and, most importantly, seek to focus dependency courts on finding permanent families for these children. 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, like the Florida Agency for Persons with Disabilities, the Agency for Health Care Administration or the Social Security Administration.

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Florida Children’s Rights Attorney Calls for Gov. Scott to Make Right Call for DCF Head

In a letter entitled, “Scott and DCF must get it right,” Florida children’s rights attorney Gloria Fletcher argues in the Tallahassee Democrat that she and other child advocates are watching closely as Gov. Rick Scott weighs candidates and implications surrounding his next choice for secretary of the Department of Children and Families. The reason is clear, she says.

“The post and agency have been among the highest-profile — and most embattled — in the state over the past few years. The facts are heart-wrenching. More than two dozen children known to be at risk or under the watch of DCF have died in the past few years.”

“Like the governor, the candidate should have one over-arching belief,” Fletcher writes. “The mission of DCF is to serve at-risk kids and to ensure that the providers paid by the state to care for the state’s most vulnerable are held accountable for providing professional services. The kids must come first.”

Read the entire letter here.

Child Advocate: Should Permanent Florida DCF Chief Come From Within the Agency?

As Florida Gov. Rick Scott mulls the naming of his next permanent secretary of the Florida Department of Children and Families, the post invariably will require someone up to the rigors and demands of the job. After all, dozens of children have died while under DCF watch. This leaves some to wonder whether the governor should look outside the agency – or first consider someone already there.

The post will be difficult to fill also because the term could be short, depending on outcome of the 2014 election.

Howard Talenfeld, a children’s rights lawyer and child advocacy attorney, and president of the watchdog group Florida’s Children First, admitted to a reporter recently that filling the post creates “a huge challenge” in “getting a quality secretary who would not have even a year to serve.”

Maybe the answer can be found within the agency, Talenfeld said. “”I would be hopeful that the department looks at some of the people who are there. There are some quality folks.”

Read the entire story and interview here.

Increased Scrutiny Makes Gov. Scott’s DCF Appointment Critical for Future

By Howard Talenfeld

The post of Secretary of the Florida Department of Children and Families is one of the toughest jobs in Florida – and especially in Tallahassee. With the deaths of more than 20 foster children and at-risk kids under DCF watch, the result has been heightened scrutiny upon the agency. It also resulted in the resignation of embattled chief David Wilkins who was replaced by interim Secretary Esther Jacobo, who has taken some important first steps to fix the system by bringing in qualified child welfare experts to assess Florida’s failing system.

So, whomever Gov. Rick Scott names to replace Mr. Wilkins permanently must be ready for the challenge.

But more than battle-tested for the rigors and scrutiny of Tallahassee, the appointee has to be a child welfare professional who will prioritize protecting children over all others.

Never has the post of Florida Department of Children and Families Secretary been of a higher profile and importance than it is today. Cases of death, caretaker abuse, child-on-child sexual abuse, and children languishing in the system without permanent placement have now surfaced to the public spotlight while privatization of Florida child protection system system is still an experiment.

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Florida At-Risk and Foster Child Attorney Explores DCF Ills on Local News Show

Howard Talenfeld on PutneyFort Lauderdale child advocate and Florida foster child attorney Howard Talenfeld, who has brought suit in many cases of wrongful death and sexual abuse and physical abuse perpetrated against Florida’s at-risk children, was a guest as Local 10’s Michael Putney discussed issues with Department of Children and Families. This comes after at least 25 children have died since April at the hands of abusive and violent parents or other caregivers. All 25 kids were known by DCF officials.

The topic was “The state Department of Children and Families and its inability to prevent the deaths of many children under its care” since April this year, utney said. “It’s an alarming trend and one that must stop.”

Watch the entire episode here.

Children’s Rights Attorney: More Work Needed at Florida Department of Children and Families

As a child advocate and children’s rights lawyer and foster care abuse attorney specializing in children who have suffered physical abuse, sexual abuse and even wrongful death, Howard Talenfeld works with a number of other leading attorneys throughout Florida in representing these individuals harmed in these cases. One such children’s rights attorney is Gloria Fletcher, who recently was published in newspapers in Tallahassee, Palm Beach and Fort Lauderdale regarding proposed changes at the Florida Department of Children and Families. Changes are good, yet more are needed, notes Fletcher, who has sued on behalf of children physically abused and sexually abused while under the watch and care of DCF and its agencies. Her letter is below…

“I applaud interim DCF Secretary Esther Jacobo for her efforts to address the issues with our state’s child protection services. One method has been the use of outside experts to review the safety model, tools, and practice manual intended to improve the performance of child protective investigators and community based care agencies.

“The results of this initiative – the Casey Family Programs report – displays the true need for DCF to fix its child protective investigation “transformation” before real change can be made. In fact, the report itself says “The Safety Model’s Guidelines are incongruent with child protection practices designed for babies and toddlers, the age group at greatest risk for serious inflicted injuries and maltreatment fatalities.” Further evidence that more work is needed before DCF’s new model will achieve its intended purpose of protecting our kids.

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Medically Needy Child Dies Under DCF Care and Amid Provider Bickering

On Florida Child Advocate, we’ve advocated for attorneys and attorneys ad litem for developmentally disabled and medically fragile children and foster and at-risk children – and to put an end to their needless and senseless wrongful death, personal injury and physical abuse. We’ve admonished the Florida Department of Children and Families and their contracted community-based providers for not seeing that these citizens receive the critical and appropriate medical care they need, and we’ve lauded the legislature for funding that care.

So it’s saddening and frustrating to read that a young child under the watch of DCF and under the care of two such providers died as those providers debated who should handle and pay for her care. In brief, this young child should have had assigned to her a skilled child advocacy attorney to argue for her needs. Simply put, she died because no one skilled to do so was there on her side advocating for her very specific and necessary medical needs.

Read just part of her story to get a sense of her suffering, and now plain it would seem to an outsider that she needed someone to advocate on her behalf…

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DCF Risk Factor List Aims to Prevent Child Abuse, Death

For Florida children abused or subjected to sexual abuse, physical abuse, personal injury or even wrongful death, a new program from the Florida Department of Children and Families could be the change the agency is hoping to implement after a spate of 20 deaths of children known to DCF officials.

DCF’s new guidelines may to allow it to respond more quickly when a child is in danger. DCF’s new Rapid Safety Feedback follows a study of child injuries and deaths and is on the heels of DCF family investigations.

Hillsborough County was the first to use the new guidelines, that call for caseworkers to look for risk factors, including the parents’ age, evidence of drug use or the presence of an unrelated boyfriend in the home, notes news reports.

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Florida’s Child Protection Summit Must Deliver Results, Not Promises

For an organization whose mission it is to protect the state’s most vulnerable citizens, the Florida Department of Children and Families has done a poor job of late. Child protection advocates and children’s rights attorneys who fight cases of physical abuse, sexual abuse, personal injury and even wrongful death have watched in horror as news reports revealed some 20 children had died under the watch or oversight of DCF. While the organization might not have actively been involved in each case, each child had – at some time – been known to the agency.

Now, the agency is looking for answers.

One step is the annual Child Protection Summit in Orlando, which was held this week. It offers DCF a chance to promote and kick-start improvements to the agency. Some called DCF’s current state “one of its periodic low points.” Former chief David Wilkins resigned in August amid reports of the inexplicable surge in child abuse and neglect deaths.

 

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