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Archive for the ‘Legislative & Regulatory Issues’ Category
With regard to The Herald’s series, Innocents Lost, about the 477 children who died while known by the Department of Children and Families to potentially be at risk, the cases all involved DCF’s knowledge from prior investigations of multiple red flags for children who would be at significant risk of future serious harm or death if left with their families.
In no system should children die at the expense of keeping families together, and this is where the Florida Legislature new enactment SB 1666 placed child safety as paramount. However, this law does not change federal mandate under the Adoption Assistance and Child Welfare Act of 1980 for states to use reasonable efforts to preserve families where it can, without jeopardizing the lives of children.
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For as long as any Florida child advocate or children’s rights attorney can recall, Florida case law has said children have no constitutional right to an attorney in dependency court. That has meant kids’ futures would be decided with no attorney advocating for their needs, lives or futures.
In what some believe is a watershed moment for at-risk and vulnerable children statewide, the Florida Legislature this year passed House Bill 561. The measure requires the appointment of and payment for an attorney ad litem for Florida’s at-risk children facing court or dependency court proceedings. Read a Daily Business Review article.
Written in part by Howard Talenfeld, a leading Florida child advocacy attorney and shareholder with Colodny, Fass, Talenfeld, Karlinsky, Abate and Webb, P.A., the measure awaits the signature of Gov. Rick Scott. With widespread, bipartisan support – and the backing of advocates statewide – it is hoped this measure will be signed and children will received the professional advocacy they so desperately need.
Florida’s Children First with the assistance of many child advocates was able to help pass historic legislation that created sweeping changes in children’s rights issues, including the right for disabled children to have an attorney in their dependency cases. Read a recap of the legislation here.
 Thanks to Carol Marbin Miller with the Miami Herald for shining the light on such tragedies like the death of Tamiya Audain, the 12-year-old autistic girl whose mom died and agencies never got her Medicaid Waiver benefits or found a safe home for her to live in.
Thanks to Senator Bill Galvano (Bradenton), Representative Erik Fresen (Miami), and Senator Rob Bradley (Orange Park), Department of Children and Families Secretary Esther Jacobo, Florida Bar President Eugene Pettis and Statewide Guardian Ad Litem Director Alan Abramowitz for making this legislation a top priority.
How much is it worth to help and protect at-risk children? How important is it to ensure our kids have services essential to their health, education and well being? Broward voters will be asked those questions in November – with implications felt for years to come.
A referendum will ask county residents whether to reaffirm the Children’s Services Council of Broward County. The organization provides early learning and reading programs, after school programs, developmental health, preventive and other children’s support services. It keeps families together and their children out of foster care, delinquency programs and prison. The Council is funded by an annual homeowner tax assessment.
How much does this cost? By one calculation, it’s about $60 for a $125,000 home in Broward County, or about $60 million countywide, spent by various organizations dedicated to protecting our kids.
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The Florida Bar News this month discussed bills in both the House and Senate that would provide state-paid attorneys for dependent children with special needs. The publication spoke with Howard Talenfeld, the Fort Lauderdale attorney who serves as president of Florida’s Children First, an advocacy group pushing the proposed legislation, and Statewide Guardian ad Litem Director Alan Abramowitz.
“It’s the first time in history we have a director of the GAL supportive of attorneys representing children,” Talenfeld said.
When Talenfeld was president of The Florida Bar’s Legal Needs of Children Committee in 2009, he fought unsuccessfully to persuade the former GAL director to support legislation that would provide attorneys for dependent children, a key recommendation of the predecessor 2002 Legal Needs of Children Commission. He referred to the child advocates’ clashing views on representation over the years as “the Crusades.”
“It’s very important to signal to the guardians of the world that the Crusades are over,” Talenfeld said the day before CS/SB 972, sponsored by Sen. Bill Galvano, R-Bradenton, passed unanimously out of the Senate Judiciary Committee on April 1.
Read the entire story here.
For foster child advocates and the attorneys who strive to protect at-risk children from assault, physical abuse, sexual abuse and other personal injury, the word is getting around: The Legislature must act to protect these children. It also must compel the Florida Department of Children and Families to do more to meet its mandate to see that kids under its watch are, in fact, protected.
In that regard, the Legislature has led the charge for change. DCF Interim Secretary Esther Jacobo has welcomed more collaboration to protect children. And the news media, which released an investigative report on the deaths of 477 children under DCF watch, has been working in the public interest in covering this closely.
The Tampa Bay Times this week published a letter to the editor on the issue. Written by child advocate and foster care abuse attorney Howard Talenfeld, the letter applauded the Legislature’s actions, while calling for closer oversight of DCF. Read the entire letter here.
The more that Floridians know about these issues, the safer our children will be.
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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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.
 Later, 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.
A note from Florida Youth Shine: Since 2010, Florida Youth Shine has been working with on bills that would ensure normalcy while in care and that would extend foster care to 21. As a part of our outreach, you all have come to the Capitol time after time to share your stories during meetings with legislators, for conversations with Senate staff, and to testify countless times before House and Senate committees.
This year, in partnership with the Guardian ad Litem program, your hard work paid off during the 2013 legislative session when “The Quality Parenting Act” and the “Nancy C. Detert Common Sense and Compassion Independent Living Act” were passed in both the House and Senate. Congratulations to all of our members of Florida Youth SHINE who have shared their story and their voice over the last 3 years. You did it!
A special FYS thank you goes out to Senator Detert for sponsoring both of these wonderful bills in the Senate and to the entire Senate for co-sponsoring SB 1036 on Independent Living. We also send a heartfelt thank you to Representative Albritton for sponsoring The Quality Parenting Act, Representative Perry for sponsoring HB 1315 on Independent Living, and to so many of our Representatives who signed on as co-sponsors to both of these bills.
These substantial changes became law because of you. We came together to identify these challenges, we spoke to our legislators and shared our stories, and they voted in favor of a stronger support system for each of you. Congratulations for being part of Florida’s history!
Read FYS’s entire newsletter here.
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.
Rushing to make good on Gov. Rick Scott’s and the Florida Legislature’s push to test applicants, Florida social service officials mapped out and sought final public input on broad policy guidelines as the state launches its drug testing of new applicants for welfare benefits.
According to NorthEscambia.com, “Following up on legislation passed by lawmakers only a few months ago to require applicants for temporary financial assistance to take drug tests, Department of Children and Families officials said formal procedures would not be ready until mid-July at the earliest but the agency would proceed nonetheless to administer the new law.”
The Website continued, “Among a litany of concerns from stakeholders, including Florida Legal Services and the ACLU, were questions of whether applicants who test positive for drugs would be immediately flagged by DCF and risk having their children removed from their custody.” Read the entire story here.
A sweeping Florida Senate rewrite of the state Medicaid program, approved today by the health and human services budget committee will steer 2.9 million low-income Floridians into health coverage provided by managed care companies. Left behind: legal caps and liability limits for foster care providers.
According to the Palm Beach Post, “Trial lawyers and children’s advocates have been fighting the lawsuit limits, especially in the wake of the death of 10-year-old Nubia Barahona and near death of her twin brother, Victor, allegedly at the hands of their foster parents who are now facing murder charges.”
Read the entire story 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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