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Dedicated child advocate and foster care rights attorney Tracey K. McPharlin, 44, passed away November 6 after a courageous battle with cancer. She was the advocates’ advocate.
 Tracey K. McPharlin Born in Miami in 1966 and raised in Plantation, Tracey graduated from St. Thomas Aquinas High School, attended Nova Southeastern University and graduated Magna Cum Laude from Nova Southeastern University Shepard Broad Law School.
Soon after joining Colodny, Fass, Talenfeld, Karlinsky & Abate, P.A. in 2000, Tracey made her name and career advocating for the rights of children in the foster care system. She cared deeply for those fellow Florida residents who were most vulnerable or at risk.
Although she recovered scores of multi-million dollar damages awards on behalf of injured foster children, her work in H.A.L. v. Foltz 551 F.3d 1227 (C.A. 11 Fla. 2008) resulted in the landmark Eleventh Circuit Court of Appeals decision which recognized that exposing foster children to child-on-child sexual abuse in foster care is a viable claim under the Federal Civil Rights act 42 USC § 1983. This case paved the way to protect many other children in Florida and throughout the country who are sexually abused in foster care.
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Area foster child and children’s welfare advocates, lawyers and media personalities were praised at a recent West Palm Beach awards event for Florida’s Children First.
 Howard Talenfeld presents an FCF award to Todd McPharlin in honor of his sister, Tracey. South Florida attorney Todd McPharlin accepted the FCF President’s Award on behalf of his sister, Tracey K. McPharlin, a long-time advocate and partner at the law firm, Colodny Fass Talenfeld Karlinsky & Abate P.A. Ms. McPharlin has been ill and was unable to attend.
“Tracey is an unsung hero who has made a difference in the lives of thousands of foster children,” said Howard Talenfeld, a partner at the firm and founder of Florida’s Children First.
Ms. McPharlin joined the firm in 2000 as an associate specializing in civil rights litigation, class action litigation, appellate proceedings, and many of the foster care cases for which the firm has gained prominence. She was named Partner in 2006.
Scott Hawkins, President Elect of the Florida Bar, presented the Florida Bar Hugh Glickstein Award to Tracey for her work.
Also receiving an award was local West Palm Beach television news anchor Jim Sackett. The NewsChannel 5 anchor received the Florida’s Children First Media Advocacy Award for his reporting and coverage of children’s issues. Sackett has hosted the station’s Thursday’s Child segment for more than 30 years. Read the story here.
 News 5's Jim Sackett receives FCF Media Advocacy Award. Among others who were honored: The Cannon family, who adopted two foster children; D’Arta Franklin, a former foster child who now advocates on behalf of foster children; and Emmanuel “Manny” Oliver, who serves as a voice for those still in foster care.
Florida’s Children First is a statewide advocacy organization that serves the state’s vulnerable children in the foster and child welfare system.
joined Colodny, Fass, Talenfeld, Karlinsky & Abate, P.A. in 2000 as an associate specializing in civil rights litigation, class action litigation, appellate proceedings and many of the foster care cases for which the Firm has gained prominence. She was named partner in 2006.
Scott Hawkins, President Elect of Florida Bar, presented the Florida Bar Hugh Glickstein Award to Tracey.
Also receiving awards were West Palm Beach television news anchor, Jim Sackett, who received the FCF Media Advocacy Award, for his work covering children’s issues.
The South Florida Sun-Sentinel editors wrote an opinion column on gay adoption of foster children and other children in need of a permanent home. It’s a compelling tale — hopefully one that eulogizes the end of Florida’s 33-year ban on gay adoption.
It would have been a fitting funeral for Florida’s archaic, bigoted gay adoption law if it had gone all the way to the state Supreme Court before finally being shot down.
That didn’t happen, but the next best thing did — the Florida Department of Children & Families is at last giving up the ludicrous, wasteful and self-defeating fight.
Floridians should demand to know how much time and money was wasted by the state of Florida in an attempt to retain the backward distinction of having the most stringent gay adoption ban in the country. For 33 years — during which countless kids were denied a good, loving home because of bigotry and misplaced moral fervor — Florida law said gays and lesbians could not be adoptive parents. Read the entire column here.
The Florida Department of Children and Families (DCF) has 60 days to investigate a youthful offender facility after a federal class-action lawsuit was filed by attorneys with the Southern Poverty Law Center this week alleging that a 15-year-old boy at the Thompson Academy was sexually abused. Foster and child advocates and lawyers are expected to closely watch the case and the damages it claims.
The suit claims an employee assaulted the boy, while also alleging juvenile residents endured hunger, moldy and hot conditions.
According to the Associated Press, the lawsuit, filed by the Southern Poverty Law Center, claims the sexually abused 15-year-old boy reported the abuse to the facility’s administrator. Nothing was done, the suit alleges.
“The attorneys who filed the lawsuit said the teen tried to kill himself three times by drinking bleach and attempting to hang himself. The boy – who is not being identified because The Associated Press does not name people who may be victims of sexual assault – was released to his mother’s care on Friday,” the story notes.
It goes on to say, “Jesse Williams, senior vice president at Youth Services International, said the lawsuit’s claims were unsubstantiated. The Florida Department of Children and Families has up to 60 days to complete an investigation of the facility’s procedures, spokesman Mark Riordan said.”
Read the entire story here.
This article serves as another example of how New York welfare agency workers failed numerous times and over many months to make critical visits to ensure a child was well cared for and not being abused. Now Marchella Pierce, 4, and who weighed 18 pounds, is dead.
The New York Times is reporting that the Brooklyn girl appears to have gone months without a visit from child welfare workers assigned to monitor her well-being, despite indications that she could be at risk.
The revelation, from New York’s Administration for Children’s Services, came with a graphic glimpse into her final months. Agency officials called her home care “grossly inadequate,” said she was beaten regularly, and was tied to her bed “for substantial periods of time.”
The mother, Carlotta Brett-Pierce, faces charges that include second-degree assault.
“Clearly, Marchella Pierce was a vulnerable child, and as a city we needed to do more to help her,” John B. Mattingly, the commissioner of children’s services, told council members during more than two hours of questions and testimony. Read the entire story here.
Domestic violence is all around us. From fearsome threats of violence or bodily harm, to terrible tragedies — like the spousal and child murders in Riviera Beach, Florida, earlier this week — advocates and attorneys who work in family law, foster care and other areas hope to raise awareness of these issues. In recognition of Domestic Violence Awareness Month, Florida Child Advocate offers this guest post from Barry Finkel, an experienced Fort Lauderdale divorce lawyer.
Attorneys who have worked in family law, divorce or domestic abuse issues know that “domestic violence” isn’t necessarily limited to actual battery – or hitting, kicking, striking or even sexually assaulting a spouse or partner.
It can include the threat of violence. Experience has shown that threats often lead to more threats — and actual violence.
If your spouse, partner or boyfriend has committed a first act or threatened an act, act quickly to protect yourself and your children. Start by… Read the rest of this entry »
The news is good for disabled foster children hoping to find permanent homes through adoption. Advocates applaud a new Florida program that could enable adoption of hundreds of disabled kids.
A new program from the Florida Department of Children & Families and the Agency for Persons with Disabilities will earmark financial resources for care and services for foster kids with special needs. The hope is this will help encourage adoptive parents who might not be able to adopt and raise the children otherwise.
It’s a big issue. Some 638 Florida foster children had developmental disabilities, including cerebral palsy, mental retardation, autism and other issues. . Some 224 of the kids are on a waiting list for services.
To learn more, read a recent Miami Herald story on the issue.
The Florida Department of Children and Families continues to perform well at keeping at-risk children out of the foster care and other state systems. But administrators must see that appropriate protective services are used to ensure tragedies like what happened in Riviera Beach don’t happen again.
According to the Palm Beach Post, Perry Borman, DCF Southeast Regional Director, acknowledged that the agency could have done more to protect Natasha Whyte-Dell and her four children. The five were slain by husband and step-father Patrick Alexander Dell.
In a related story, it was reported this week that the DCF had found that Dell was not a threat to his family. This came after a police report cited that Dell had threatened his wife with a knife in December and yelled “you will be going to the morgue.” A child protective investigator later determined that the case was a low risk, because Dell “stated that he would never harm the children.”
DCF had acknowledged that Dell had been angry and violent, and was investigated in January after he allegedly attacked his wife. According to Borman, at least a half dozen steps could have been taken by the agency to help ensure the family’s safety. ‘Instead, the agency’s investigation was closed after 30 days and concluded the children were not at ‘significant risk,'” the paper reported Borman saying. Read the entire story here.
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.
A Miami appeals court ruling that Florida’s 33-year-old ban on gay adoptions is unconstitutional is certain to heighten discussion among adoption supporters, advocates of foster children, and others who have argued for and against the law — the only such ban in the country.
As reported in the South Florida Sun-Sentinel, a cultural flashpoint was ignited Wednesday when a Miami appeals court ruled that Florida’s 33-year-old ban on gay adoptions is unconstitutional. The ruling only affects Miami-Dade and Monroe counties.
“It’s about time Florida enters the 21st century and starts looking out for its children rather than paying heed to extremist political views,” said Allan Barsky, a professor at Florida Atlantic University in Boca Raton, who lives with his partner Greg Moore and daughter Adelle, 7, in their Fort Lauderdale home.
The social fault line was stirred by the 3rd District Court of Appeals, which upheld a lower judge’s ruling allowing a North Miami gay man and his partner to adopt two young brothers. In a 28-page opinion, a three-judge panel said Florida’s ban on gays adopting was unconstitutional because it singled out gays as unfit parents. Judge Gerald Cope, who wrote the opinion, said there was no evidence to show gays were less effective than heterosexual parents. Read the Entire Story Here.
DCF Secretary George Sheldon is placing the welfare and stability of two young boys over the controversial politics of Florida’s law banning gay adoption. Regardless of the ruling of Florida’s Third District Court of Appeal, Secretary Sheldon will not remove the children from their home.
In one of the most heated national controversies related to gay adoption, Florida Department of Children and Families Secretary George Sheldon said that if an appeals court reverses a judge and rules that Florida’s ban on adoptions by gay couples is valid, DCF won’t remove the two children.
“Those children appear to be safe , well-adjusted,” Sheldon said. “We’re not in the business of doing that (removing them).”
 George Sheldon Sheldon told The News Service of Florida that even if the 3rd District Court of Appeal – or eventually the Supreme Court – rules that the adoption of two boys by Martin Gill, a gay man, was wrongly allowed, the state won’t move to remove the children from his home.
Gill was allowed to adopt the children by Miami-Dade circuit court judge Cindy Lederman, who in allowing the adoption, found the state’s ban on gay people adopting children unconstitutional. That ruling came in late 2008 and the state appealed the ruling to the district appeals court where a decision is yet to come down.
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According to the Associated press, Florida has received some $5.7 million from the U.S. Department of Health and Human Services for increasing the level of adoptions of children in foster care.
HHS stated this week that Florida was one of 39 states rewarded for boosting numbers of adoptions since 2007. The states use the incentive money to improve their child welfare programs, the AP reported.
The news report continued: The 12 months ending June 30 saw 3,368 foster children adopted in Florida. That was fewer than the two record years before it, but still more than before the state started an aggressive public awareness campaign three years ago. Read the entire story here.
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West Palm Beach, FL – April 10, 2026 – WFLX Fox 29- Florida foster homes see dramatic 23% drop as advocates worry about future of at-risk youth According to a national foster care survey, the number of foster homes in Florida has taken a dramatic 23% drop in the last three years, and child advocates fear this trend could continue.
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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