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Archive for the ‘Foster Care’ Category
Advocates, children’s rights attorneys and others aren’t the only people closely following the story of Martin Gill and his two foster children. The story has caught the attention of local and national media.
The experienced foster parent and his partner took the brothers several years ago when the boys had nowhere else to go and the Florida Department of Children and Families sought a home for them. Then, Gill hoped to adopt the boys.
One problem: Florida law says gay couples cannot adopt foster children.
A Florida state appeals court struck down the law last week. While the story is not yet final, it still has captured national attention. Read some of the coverage here, in the South Florida Sun-Sentinel and Slate Magazine.
News that a Tampa, Florida, area couple allegedly stole more than $400,000 from a foster child’s life insurance payout reveals how society’s most vulnerable children remain susceptible – even while in a system designed to protect them or once they’ve aged out and are on their own.
To prospective parents the indictment against the Davenport, Florida, couple also should stand as a warning to those who would swindle money from kids who need it badly: Get caught, and jail time may await.
According to news reports, Radhames Antonio Oropeza, 53, and Asia Concepcion Oropeza, 52, are said to have invited to Florida a foster child whose mother had died, and whose father was in jail. The child was given the proceeds of a $400,000 life insurance policy when he turned 18. The young man’s name has not been released.
Authorities claim the couple convinced the boy he was making real estate investments. The couple faces charges of conspiring to commit fraud and wire fraud. (more…)
 Florida foster child advocacy attorney Howard Talenfeld was recently given the Florida Bar Association’s President’s Award of Merit.
Florida Bar President Jesse Diner presented the award during the general assembly meeting during the Florida Bar’s Annual Convention at the Boca Raton Resort and Club.
Also during the assembly, Mayanne Downs was installed as the Florida Bar’s 62nd president, and Scott G. Hawkins was installed as president-elect.
“I’m honored and humbled to receive this award.” Talenfeld said. “No one who works on behalf of the state’s most vulnerable citizens does so for the recognition. It’s for myself and the countless other attorneys and concerned citizens who work tirelessly to help the state’s children that I accept this award.”
TALLAHASSEE – Governor Charlie Crist today announced that more than 12,000 Florida children in foster care have been adopted since 2007, including 3,368 children adopted in the past year. Florida’s recent success reduces the number of Florida children in foster care by nearly 36 percent since 2007.
“Florida has been recognized as the best in the nation at increasing adoptions because we believe the children in our care should have the best opportunity possible to be matched with a loving family,” said Governor Crist. “Our adoption successes are possible because Floridians are looking into their hearts and finding room for the teenagers, sibling groups and children with medical needs who typically wait longer to be adopted.”
In 2009, Florida was awarded a $9.7 million federal bonus for outpacing all other states in the number of adoptions of children from foster care. Florida set adoption records adoptions in fiscal year 2007-08 with 3,674, and in fiscal year 2008-09, with 3,777.
Read the entire story here
Lobbyists and attorney advocates from the Fort Lauderdale law firm Colodny, Fass, Talenfeld, Karlinsky & Abate, P.A. successfully convince the Florida Legislature and Governor Charlie Crist to pass a claims bill to help a former foster child raped by her foster father.
According to the Naples Daily News, Gov. Charlie Crist has signed a bill that will release $1.2 million to the guardian of a mentally retarded woman who had a baby after being raped as a teen by her foster father in Immokalee.
The claims bill Crist signed Thursday afternoon was approved by the Legislature and releases the remainder of a $1.3 million settlement by the state Department of Children and Families to Darlene Achille, the guardian for her sister, Pierreisna, 26, and her 9-year-old daughter.
“The next step is obviously getting the money,” said attorney Richard Filson of Sarasota, who filed the lawsuit in 2002. “I talked to Pierreisna and she is very happy. … They’re living in a small apartment. It’s good news to them.”
Read the entire story here
MIAMI (AP) — A few months after a 10-year-old child was placed with eight other children in a Tampa foster home overseen by a single mom, a 13-year-old boy sneaked into his room and raped him in 2005.
But Hillsborough Kids Inc., a state contractor that placed the boy, says it’s not liable because it subcontracted with another agency which directly cared for the boy. They contend the state Department of Children and Families is ultimately responsible for overseeing its providers, according to court documents.
The lawsuit filed on behalf of the boy has dragged on for three years and is the crux of an ongoing argument between DCF and the contractors it hires to place and monitor foster children: Who should be financially responsible when one of the children is harmed?
That question has major repercussions for both taxpayers and the children. If it’s the state, the contractors would be off the hook and a victimized foster child would be limited by law to receiving $200,000 in damages from the state unless the Legislature approves a higher amount. If it’s the contractors, an injured child could receive whatever damages a court awards up to a $3 million per incident and it would be paid by the contractor and its insurance company.
Child advocates say DCF and its contractors are trying to dodge responsibility and are wasting taxpayer money as discussions drag on. In the end, they say, it leaves abused children with little legal or financial recourse. The state spent more than $740 million this year on foster care, employing 21 contractors to oversee between 9,000 and 10,000 foster children.
“It’s sad and a complete waste of resources when we see each blame the other or duck behind technical defenses while the innocent foster child is suffering and waiting to get help,” said Howard Talenfeld, a child advocate and Broward County attorney.
Read the entire story here
Although Florida is one of the top states in the number of foster children who are adopted, thousands of foster children lose their childhood by spending three or more years in care.
“We still have far too many foster children who spend years in the system instead of with their permanent families,” said Howard Talenfeld, founder of Florida’s Children First (FCF), an organization based in Coral Springs that works for children in foster care and those at risk.
Talenfeld was interviewed by the South Florida Sun-Sentinel for this article on his — and Florida’s Children First’s — roles in advocating for children’s rights.
“Florida is at the bottom of the states when it comes to providing foster children an attorney in their own foster care case,” Talenfeld said. “As a result of shrinking revenues, we are now fighting threatened budgetary cuts to Florida’s independent living program, adoption subsidy appropriations and to the Guardian ad Litem Program.”
(more…)
The area of adoption, foster child, vulnerable persons, and guardian ad litem law is dynamic and fast-changing. With the guidance of the Florida Guardian Ad Litem Program – the Voice for Florida’s Abused and Neglected Children – Florida Child Advocate has gathered some important links and resources to help advocates learn more about the process.
The National Center for Adoption Law & Policy at Capital University Law School publishes a weekly electronic summary of adoption and child welfare cases as well as a weekly summary of the latest news in child welfare.
The Legal Issues and Laws Section of the Child Welfare Information Gateway provides helpful publications and tools, including a State Statute search, federal and state laws, and other legal information.
Foster Care Reform Litigation Docket, a publication from the National Center for Youth Law provides basic information on 71 child welfare reform cases nationwide that are currently in active litigation, a pending settlement agreement, or are significant in some other respect.
Major Federal Legislation Concerned With Child Protection, Child Welfare, and Adoption is a publication from the Child Welfare Information Gateway summarizes the major provisions of key Federal laws regarding child protection, child welfare, and adoption and includes a timeline of Federal child welfare legislation.
The Legal Resource section of the Florida Statewide Guardian ad Litem Website offers searchable case summaries and library, archived Legal Briefs Newsletter (2004-present), archived Practice Bulletins, the Guardian ad Litem Dependency Practice Manual, audio recordings of past attorney training calls (2006- present), legislative updates, links to helpful websites, and Chapter 39 Florida Statutes. On this page you can also sign up to have the Legal Briefs Newsletter and Practice Bulletin delivered to your in-box.
For more resources, review the “Blogroll” to the left of this entry. If you discover any additional resources that might help others navigating child welfare and advocacy, feel free to send them to us by submitting a Comment on this post.
Brian Cabrey is known throughout the Florida legal community as a staunch advocate for foster children, and abused and neglected kids statewide. He has volunteered countless hours on their behalf and sits on the board of Florida’s Children First.
Brian’s work also includes “damages claims against the Florida Department of Children and Families ( DCF ) and its employees where foster children are physically and sexually abused in care.”
In this article from the Florida Times Union, Brian is recognized for his tireless efforts…
Brian Cabrey cares about the children.
His office in the Modis building in downtown Jacksonville is full of pictures of his family. Most of his free time revolves around his four children, aged 2 through 13, and their activities in sports and with Holy Spirit Catholic Church.
And when he’s in his office, Cabrey, a lawyer, is often working on behalf of children. (more…)
At a time when tough economics call for fiscal belt-tightening across the state, Gov. Charlie Crist this year has shown tremendous resolve and vision.
This year, the Governor has recommended $77.5 million to support a variety of Florida Department of Children and Families initiatives designed to protect current foster children and those graduating out of care.
Attorneys, guardians, advocates and others who provide legal representation for these citizens laud the governor for his recommendations.
According to a document from the DCF, the governor’s budget proposals are anticipated to protect critical services for vulnerable Floridians.
“We are grateful that Governor Charlie Crist places such a high priority on continuing DCF’s progress in increasing adoptions of children in foster care, keeping children and families together and safe from abuse, preventing domestic violence and homelessness, and providing treatment for mental illness and substance abuse,” noted DCF Secretary George H. Sheldon. (more…)
Florida Bar President Jesse H. Diner Instrumental in Seeking Legal Representation for Foster Children
Florida’s Children First (FCF), the statewide legal advocacy organization focused on protecting the legal rights of at-risk and foster care children, will honor at its upcoming Child Advocate Awards and Reception Mr. Jesse H. Diner, President of the Florida Bar, who has made advancing the rights of children a major emphasis in Florida.
 FCF’s annual Broward event will recognize Mr. Diner for his efforts supporting legislation designed to obtain counsel children in foster care and the dependency system, supporting the recommendations of the Florida Bar’s Legal Needs of Children Committee. He has championed the passage of legislation that would provide attorneys for foster children, ensuring foster children receive “the same zealous advocacy adult clients expect of their lawyers,” he has written.
He also has supported Florida Bar’s efforts in recruiting pro bono lawyers to represent these children. (more…)
Child advocacy and foster care attorneys Howard Talenfeld and Tracey K. McPharlin of Colodny Fass Talenfeld Karlinsky & Abate P.A., have been recognized as Finalists in The Daily Business Review’s fifth annual Most Effective Lawyers awards competition.
Every year, in what has become one of the most closely watched attorney recognition programs in Miami-Dade, Broward and Palm Beach counties, the Daily Business Review highlights the work of private and public sector lawyers through the Most Effective Lawyers in South Florida.
The program recognizes more than 80 attorneys in 16 categories: real estate, pro bono, complex / business litigation, international, appellate law, public interest, class actions, criminal justice, personal injury, product liability, regulatory, medical malpractice, labor & employment, securities, bankruptcy / receivership, environmental law.
Talenfeld and McPharlin were recognized for having secured significant victories for their clients. Specifically, they were noted for the four years they invested in a case that led to a settlement with the Florida Department of Children and Families. The two attorneys represented the biological parents of three young children who were preschool-aged at the time of late-1990s sexual assaults by two teenage boys with a known history of sexual predation.
The DBR story recognizing Talenfeld and McPharlin begins below… (more…)
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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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