Innocence Lost: Florida Lawsuit Alleges DCF Sent Girl To Abusive Setting

Children should know they’re beautiful and loved. They should feel safe, welcome and comfortable surrounded by family and friends.

Yet one girl felt none of these. At 7, she was placed by the Florida Department of Children and Families into an overcrowded foster home, shared a bed with another foster child, and ultimately was sexually molested by the foster parent. She lost more than her innocence. She lost her trust in others and a chance at a normal future.

Now 12, her adoptive mother is trying to help the girl regain her trust – and a normal life. A lawsuit filed against the Florida DCF and YMCA seeks to ensure normalcy for the girl – and future state wards.

Recall DCF

In the St. Petersburg Times story of February 27, 2010, “Lawsuit Alleges DCF and YMCA Sent Girl into Sexually Abusive Situation,” it was reported that the first time the Florida woman took her adoptive daughter to the dentist, an assistant asked if the girl had been sexually assaulted.
“She just asked that because of how she reacted toward him,” the girl’s mother said.
The abuse, which occurred when the girl was 7 years old and in foster care, could have been prevented and should have been recognized sooner, according to a suit filed in Pinellas-Pasco Circuit Court that accuses the Department of Children and Families and the Sarasota YMCA of negligence and oversight failures — allegations that the DCF flatly denies.


Attorney Howard Talenfeld says the girl should have never been in the Oldsmar home of Brian and Antonia Starmer, who are also named in the suit.

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Couple Accused Of Swindling Over $400,000 From Foster Child

September 02, 2010 9:05 AM

The Associated Press

TAMPA, Fla. — A Polk County couple faces federal charges of swindling more than $400,000 from a foster child after he received life insurance money.
A grand jury indictment doesn't identify the name of the victim in the case, but said that a boy was sent into foster care to live with Radhames Antonio Oropeza and Asia Concepcion Oropeza after his mother died and his father was incarcerated.


On Tuesday, a magistrate judge set the couple's bail at $50,000 each.
Court records show the proceeds of a life insurance policy were made available to the boy after his 18th birthday and the Oropezas are accused of inviting him down to Florida, and stealing the money by convincing him that he was investing in real estate.
The couple are charged with conspiring to commit fraud and wire fraud. A trial is scheduled for October.

Read more: http://www.nwfdailynews.com/articles/fla-32510-foster-swindling.html#ixzz1c7oK7SwX

Governor Rick Scott Department Children And Families

 Governor Rick Scott,

I know that this happened in 2000, but it shows a long history of abuse and corruption in the state of Florida. I have made you aware of numerous abuses. I have been connected with literally hundreds of other Floridians who have experienced constitution and civil rights abuse by DCF and local police agencies in supporting illegal search and seizures, fraudulent reports, and so much more.

Since you have been made aware of these problems, including the deaths of children in state care, and have chosen to do nothing about it, I know that you should personally be held responsible for each family torn apart.

You swore to defend the constitution and both the US Constitution and the FL Constitution protect citizens from these abuses. Are you standing up or are you burning your head so you can once again plead the 5th?

We do not advocate violence in any form


From: Schafer [mailto:schafer@sprynet.com]
Sent: Friday, June 16, 2000 5:00 PM
To: Denise Karp
Subject: Abusive Fla. DCF Sued for $501 million
ABUSIVE FLORIDA DCF SUED FOR $501 MILLION
On Wednesday, June 7,2000, a $501 million dollar civil rights class action suit was filed and accepted in the United States District Court, Middle District of Florida, on behalf of families who allegedly have been victimized by the practices of the Florida Department of Children and Families (DCF) and the Juvenile courts.

Attorney Robert Dowd, of Orlando, filed the 24-page suit on behalf of over 13 families and 50 minor children, including several from Okeechobee County.
Named as defendants in the action are the Florida Department of Children and Families, Judge Kathleen Kearney, the Juvenile Court System, DCF attorneys Bernstein, Swartz and Gillen, Attorney General of the State of Florida Robert Butterworth, DCF case workers Christina Garcia, Laura Dickinson, Lisa Suarez, and Michelle Akins.
In addition are listed Judge Kerry Evander and Judge Burton Conner. Also included in the suit are the guardian ad litem director, the Indian River Juvenile Facility and the inspector General for the State of Florida.
The suit alleges that the state engaged in a systematic process by which the families, parents, children and citizens of the State have been terrorized, traumatized and torn asunder as well as deprived of their fundamental rights without due process of law. The suit continues by stating that the motivation behind this system oppression is federal funding.
The state receives over one-fourth of it’s annual budget from the federal government. In the fiscal year ending in 1999, the state received over $10 billion from the federal government, of which the greatest share was for "human services." This amount is four-and-one-half times greater than that provided for education, and six times greater than funding for transportation.
The suit contends that Florida’s child welfare laws, as currently written and applied by the defendants, have been enacted specifically for the purpose of qualifying for that federal funding.
According to the court document, in accordance with the federal statutes, funding is increased in direct proportion to the number of children who can be brought within the juvenile courts, foster care and the compulsory adoption system.
LAWSUIT CLAIMS PARENTS ARE PRESUMED GUILTY, DENIED DUE PROCESS OF THE LAW.

The law explicitly calls this "freeing children" from their parents for adoption. Among the examples listed in the filing regarding the denial of due process includes allegations that the defendants flagrantly violated Florida Statute section 39, which contains the framework upon which DCF operates. It continues by stating that under current federal and state law parents are not permitted to know who has reported them to the state for alleged violations of child welfare laws.


Once the parents are accused, they are presumed guilty, and the burden is placed upon them to prove their innocence, said the lawsuit. In addition, the suit states that the juvenile courts are closed to the public and since they are a "star Chamber" due process can be abused with impunity.
As you can see I have been very busy here, and hopefully we will nail some thirty Judges very shortly. Among them, Walter Colbath, and Ron Hoy, from Palm Beach County.

And This Is Just One Reason The System Is Corrupt!

Matthew Lappin

Matthew Lappin is just one reason the system is corrupt. How many more are out there? In light of what has happened in the last few weeks first with Nubia and her brother and with the two children and their mother one wonders when it will all stop! Added to that was the case worker who was arrested in Orlando for drugs and now this. The system is beyond broken. It is corrupt – greedy and abusive. It is past time to shut it down!

A Department of Children and Families employee was arrested by the Leon County Sheriff’s Office on Wednesday on two charges of lewd and lascivious molestation against a child, LCSO spokesman Sgt. James McQuaig said Sunday.
Matthew Lappin, 29, was arrested on charges of fondling/molesting a child younger than 12 years of age, McQuaig said.

If convicted, Lappin could face life in prison.
DCF Communications Director Joe Follick said Lappin worked as an abuse registry counselor. His job was to field calls on the department’s abuse hotline, take information from the callers and dispatch that information to the proper authorities. Follick said Lappin did not come in physical contact with children on his job.
McQuaig said LCSO received the case on Feb. 25 through a report from DCF, informing LCSO of allegations that a child was molested twice, once on April 1 and once on Oct. 1.
“The system in place worked,” McQuaig said. “When DCF became aware of a criminal allegation, they did what they were supposed to do and contacted the appropriate law-enforcement authority.”
Follick said Sunday the department had become aware of the allegations against Lappin on Feb. 25, contacted LCSO and placed Lappin on paid administrative leave. On the day of Lappin’s arrest, Follick said DCF sent Lappin a letter stating the department’s intentions of firing him. He has 10 days from the receipt of the letter to contest the firing.
“On the rare occasion when a department employee allegedly commits a crime, we react quickly to remove that person from any interaction with families during an investigation,” Follick said.
Lappin currently is being held in Leon County Jail. Bail has been set at $25,000.


http://www.tallahassee.com/article/20110320/BREAKINGNEWS/110320006/DCF-employee-arrested-on-child-molestation-charges
Read more: DCF employee arrested on child molestation charges | tallahassee.com | Tallahassee Democrat http://www.tallahassee.com/article/20110320/BREAKINGNEWS/110320006/DCF-employee-arrested-on-child-molestation-charges#ixzz1HBq1mScG

Lawsuit Filed Against Florida Department Of Children And Families

Lawsuit Filed Against Florida Department Of Children And Families (DCF) Arises Out Of The Death Of A 15-Month-Old Boy - Law Offices Of Spicer And Miller, P.L.

GAINESVILLE, Fla., Jan. 3, 2011 /PRNewswire/ -- Blake Rupe, 15 months old, passed away on December 16, 2008 as the result of horrific child abuse, which unfortunately could have been prevented. The Personal Representative of the Estate of Blake Rupe and Brian Fore, the father of the child and his 4-year-old surviving sister, have now filed a lawsuit against DCF and other involved agencies and named David Spicer and Stephen K. Miller as case attorneys.

The errors by DCF unfortunately did not end after this tragedy. Coincidentally, months after Blake's death on the same day that David Tatara, the live in boyfriend of Blake's mother, was charged with 2nd degree murder and aggravated child abuse, DCF mailed Tatara a letter stating that "the Department determined that there are no indications of bone fracture, failure to protect, physical injury, death or inadequate supervision."

DCF Stupid People

"It is very concerning to me that a DCF letter is mailed out almost four months after a child in its care has already passed away," Miller said. "It makes you wonder if anyone is really monitoring these files closely, or if computers are entrusted to track children and generate form letters."
DCF admitted fault through Spokesperson Carol Hoeppner, in several interviews shortly after the tragedy.  "We know we could have done more. We know we have an obligation to do more," said Hoeppner. In January 2009, a case manager and supervisor with a contracted agency were also fired.

Attorneys Miller and Spicer are determined to do everything possible to ensure that all those involved in the negligent handling of this case that resulted in this tragedy are held accountable. "Nothing anyone can do will ever bring that baby boy back, but we are going to do all we can to ensure that DCF and its contracted agencies never let this happen again to any other child," said Miller

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Creating Juvenile Zombies, Florida-style

 They’re children of the new Florida ethic. Zombie kids warehoused on the cheap in the state’s juvenile lock-ups. Kept quiet, manageable and addled senseless by great dollops of anti-psychotic drugs.
A relatively small percentage of young inmates pumped full of pills actually suffer from the serious psychiatric disorders that the FDA allows to be treated by these powerful drugs. But adult doses of anti-psychotic drugs have a tranquilizing effect on teenage prisoners. Prescribing anti-psychotics for so many rowdy kids may be a reckless medical practice, but in an era of budget cuts and staffing shortages, it makes for smart economics.

Florida fairly inundates juvenile offenders with this stuff.
The Palm Beach Post reported last week that the Florida Department of Juvenile Justice has been buying twice as many doses of the powerful anti-psychotic Seroquel as it does ibuprofen. As if the state anticipated more outbreaks of schizophrenia than headaches or minor muscle pain.
The Post found that Florida purchased 326,081 tablets of Seroquel, Abilify, Risperdal and other antipsychotic drugs during a two-year period for the boys and girls who occupy the 2,300 beds in state-run residential facilities. (Most of the state’s juvenile offenders are held in jails operated by for-profit contractors. Records revealing the quantity of medications that private companies pour down their prisoners’ gullets were not available.)

Such drugs, meant for adults, are known to send children into suicidal despair, along with risking heart problems, weight gain, diabetes and facial tics. Yet, the DJJ and its contract psychiatrists push them willynilly onto their young wards.
It’s not as if state officials have been unaware of the risks facing children prescribed “off label” uses (unapproved by the FDA) of these pharmaceuticals. Even as the state doled out Seroquel like candy to kids in DJJ jails, the Florida Attorney General’s office was entering into a lawsuit with 36 other states against drug manufacturer AstraZeneca for promoting dangerous, off-label uses of Seroquel for treating both the young and the elderly. (AstraZeneca agreed to settle the lawsuit in March for $68.5 million and to stop marketing the drug for unauthorized uses.)
It was as if the schizophrenics most in need of Seroquel were roaming the halls of government, not the juvenile jails.

“This is the face of all these budget cuts; what happens when you eliminate social workers and prison guards,” said Broward Public Defender Howard Finkelstein. He suspects that DJJ has compensated for the staff shortages at state lockups by pumping “the most powerful drugs known to man into children who have not been diagnosed for psychiatric problems.”
Finkelstein says he assigned two of his staff attorneys last week to visit juvenile lock-ups and investigate what he calls the “zombification” of young offenders who had been represented by his office.
Florida Attorney General Pam Bondi opened her own investigation last week. Bondi’s staff attorneys are interested in the Post’s report that psychiatrists prescribing off-label uses of such astounding quantities of the profitable anti-psychotics for DJJ prisoners (at taxpayer expense) had been greased by drug manufacturers with some $250,000 in gifts and speaking fees.

The DJJ drug scandal seems all the more maddening considering that it follows a similar uproar just two years ago after the suicide of a seven-year-old Margate foster child. Young Gabriel Myers had been given adult dosages of three anti-psychotics before he hung himself.
The Gabriel Myers Task Force, made up of child advocates, state officials, political leaders and judges from across the state, spent a year investigating whether the Florida Department of Children and Families had administered dangerous drugs as “chemical restraints” for troublesome foster children.
Foster kids, as it turned out, weren’t the only victims of the on-the-cheap ethic. But don’t think of children reduced to zombies. Think of all the money we save on prison guards.

Read more: http://www.miamiherald.com/2011/05/28/2240617/creating.html#ixzz1NkgowuEo

Carl Littlefield Gets Newly Created DCF Gig After Resigning

Gov.Rick Scott

MARCH 31, 2011 

Gov. Rick Scott's office has found a soft landing for Carl Littlefield, their former head of the Agency of Persons with Disabilities. Littlefield abruptly resigned before he could testify in front of a Senate panel about a Tampa-area group home that allowed residents to have sex.
Sen. Ronda Storms raised questions about Littlefield's appointment, making it clear that Scott would have to battle to get him confirmed in the Senate. Instead, Littlefield resigned his $140,000 job at APD and received a $78,000-per-year gig at the Tampa office of the Department of Children and Families.
It's a newly created job for Littlefield in a year when lawmakers expect to slash thousands of state jobs from the payroll and cut benefits for the workers who remain. As director of community affairs, Littlefield will work on special projects and report to DCF Secretary David Wilkins. (Story here.)
Littlefield sent several emails to Scott's chief of staff and deputy chief of staff after he left APD. The first came six days after he resigned.

Carl Littlefield

Littlefield said he couldn't remember whether he heard back from the governor's office and wouldn't elaborate how he got the DCF job. "I filled out an application," he said.
Here's his e-mails to Mike Prendergast and Jenn Ungru:
Feb. 28: Just want to check for any progress on a new assignment. My wife is a little concerned about a lapse in health insurance coverage.  After a week off I have determined that I am not quite ready for retirement. Please advise at your earliest convenience.  Thanks for your help.
March 7: I know things are about to get super busy as the legislative session beings so I felt like I should check back in to see if any progress is being made on my employment. As you know, tomorrow begins week three and I am more than ready to get ack to work. I am not confident that my new Blackberry is working correctly so please confirm that you received this message. Thanks


http://www.tampabay.com/blogs/the-buzz-florida-politics/content/carl-littlefield-gets-newly-created-dcf-gig-after-resigning

Child Molester Hasn't Served Single Day Of 43-Year Prison Term

Aaron Mohanlal

For nearly two years, the South Florida middle school art teacher forced the boy to have sex in a classroom supply closet.
Sometimes, Aaron Mohanlal would call in sick to work, take the boy to his home for sex and drop the seventh-grader back off at school at the end of the day.
To keep the abuse secret, Mohanlal bought the 13-year-old a cell phone and created nicknames for their genitalia. When police arrested him, the teacher was caught on hidden video trying to destroy letters threatening the boy if he ever told.

Last summer, a Broward County jury convicted Mohanlal of 13 counts, including child abuse, molestation and lewd battery, and a judge sentenced him to 43 years.
But a year later, Mohanlal has yet to spend a day in prison.
"I can't understand why he isn't behind bars," said the victim, now 18. The network is not disclosing his name because it doesn't identify sexual assault victims.
"I want to move on with my life. I'm trying to graduate high school and forget about this," he said. "I try not to think about it, but it's hard, because all I can think about is, what if he's out there around other kids?"
Weeks after the trial, Broward Circuit Judge Marc Gold, who presided over the trial and sentenced Mohanlal, granted the teacher a rare bond that allows him to remain free while his case is tried on appeal, a process that could take years.
During the two months CNN has investigated this story, Mohanlal has been working a construction job in Broward County and spending time at a house in Sunrise, Florida, 15 miles from where the boy and his family live, according to the Broward County Sheriff's Office.

He resigned from his teaching job in 2005 after his arrest.
"The idea of that monster being that close to my family again is outrageous," said the boy's father, who is often so overwhelmed with rage and sadness that he drives to a park, leans against a tree and sobs.
"What did we go through a trial for?" he said.
A man who identified himself as Mohanlal hung up on a CNN reporter who called his home in Port St. Lucie, Florida, his address on record with the state's sex offender registry.
Mohanlal's appellate attorney, Tom Odom, refused to comment on the case beyond saying, "Everyone has a right to a first appeal."

Gold gave Mohanlal the right to live, work, travel and attend church in South Florida, according to numerous interviews and documents CNN has obtained. The judge ordered Mohanlal to wear a GPS device, register as a sex offender and surrender his passport.

 http://articles.cnn.com/2008-07-23/justice/sex.offender.teacher_1_aaron-mohanlal-bond-hearing-cnn-reporter?_s=PM%3ACRIME

David Wilkins DCF Secretary Grilled By Lawmakers

TALLAHASSEE (CBS4) – David Wilkins, the new head of DCF, found himself in front of a group of highly-skeptical state lawmakers who are growing tired of excuses coming from the agency.
Wilkins was in the middle of explaining an independent review of the Barahona case, when the committee chairwoman, Senator Ronda Storms, interrupted him.
“Mr. Secretary, I appreciate what you’re saying, but what I want to know is: how will this be different?” Senator Ronda Storms. “How many more investigations, how many more death reviews do we have to do?”
Wilkins acknowledged systemic failures, but also said that of the roughly 1,000 investigators, more than 56 percent have been on the job less than two years. According to the News Service of Florida, in the worst-performing DCF districts, the annual turnover rate is 64 percent.
 
He also cited that in South Florida, caseloads are 48 percent higher than the Child Welfare League standards for caseloads.

His testimony came at a time when Governor Rick Scott has put forth in his budget a plan to cut thousands of DCF employees and cut the agency funding to the core. It also comes just days before a blue ribbon panel is set to release its findings on what went wrong in the Barahona case.
Senator Storms said it wasn’t just caseworkers who should get thrown under the bus when DCF cases go horribly wrong.
“How about we start looking at the CBC’s (community based care organizations)? They need to get their fannies up here and explain,” Senator Storms said. “We are still having little broken bodies, and it’s not just because evil people will do evil things. It’s because people – competent, professional people who are paid to do their job – are not doing their jobs.”


(© 2011 CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The News Service Of Florida contributed to this report.)

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Deaths Of 8 Children Put Hillsborough Kids Inc. In Limbo

TAMPA — The homegrown, nonprofit agency charged with protecting 2,500 of Hillsborough County's most vulnerable children is at risk of losing its $65.5 million state contract because of eight dead kids.
They died in the last two years while under the supervision of Hillsborough Kids Inc.
The eight stood out in a Department of Children and Families study of child deaths statewide. Seven of the eight children were under supervision because of reports of abuse, neglect or abandonment. DCF said no other agency in Florida had so many deaths.

Mike Carroll

Two agencies — Big Bend Community-Based Care in Tallahassee and Our Kids Inc. in Miami-Dade — each reported five deaths. Just one case apiece involved children who had previously been abused or severely neglected.

"Any death of a child raises concern," said Mike Carroll, DCF's regional director. "When you have eight, especially under the circumstances that occurred here, that raises alarms."
He said the future of Hillsborough Kids was undecided, but "performance around child safety is a key success requirement for any vendor we contract with. If a vendor is unable to perform at a high level in the business of keeping kids safe, that puts its ongoing contract at risk."
Hillsborough Kids' response:

CEO Jeff Rainey

"Message received," said CEO Jeff Rainey.
The agency's contract runs out in June. DCF issued "Invitations to Negotiate" to both for-profit and nonprofit agencies. Among the expected competitors are agencies serving Pinellas, Pasco and South Florida counties.
Hillsborough Kids has been DCF's lead social service agency in the county since the state began outsourcing services to families and children in 2001. The giant office on Florida Avenue sits next door to DCF's Hillsborough headquarters.
The expiring contract would have gone out for bid regardless of performance, and a decision to renew isn't based on a single number. Rainey said the vast majority of protected children are living safely. In the past five years, 10,000 more have been kept out of the system through aid to families, and 2,000 others have been adopted. He also cites the agency's local roots, its 12-year Tampa history, and its warehouse of food, kitchenware and clothing that keeps the families it counsels going.
"We either bat a thousand, or we bat zero," Rainey said. "When a child dies, we bat zero."
In the last two years, tragedy has struck one child after another.

Among the most publicized: a 4-month-old boy who was beaten and thrown from a car on I-275 in 2009. The ex-boyfriend of the baby's teenage mother was charged with his murder. Another victim was a 5-month-old girl choked to death last year. Police charged her mother. Also last year, an 18-month-old toddler, once found sleeping next to a loaded gun during a drug raid, wandered into the path of car in an apartment parking lot and was killed.
This year, two more child deaths caused Hillsborough Kids to take action against two key subcontractors that perform home visits:
Mental Health Care Inc. was found at fault in its monitoring of Ezekiel Mathis, a 1-year-old killed last May. Three workers apparently were unaware that a boyfriend they found living in the home had been barred by a judge. Their e-mail inquiry to deputies wasn't opened until after the baby's death. The boyfriend is charged with his murder. After the tragedy, MHC removed the three workers from its Crisis Response Team.
Recently, MHC's $2.4 million contract was cut by $250,000. MHC also received only a six-month extension of its contract rather than full renewal. At the same time, Hillsborough Kids signed a yearlong, $689,000 contract with an agency similar to MHC.
Children's Home Society was cited for missing dangers 16-month-old Ronderique Anderson faced when he was taken from his mother and put in the care of his father. Investigators found caseworkers should have provided the mother with better services and more closely examined the criminal backgrounds of the father and his girlfriend. They also said the case supervisor did not provide sufficient oversight or instruction. His father is charged with beating the baby to death last February.
Children's Home Society, which is paid $5.1 million annually, was stripped of half its caseload.
David Bundy, CEO of Children's Home Society of Florida, said his agency agreed a smaller caseload was necessary to get a handle on problems.

David Bundy

DCF acknowledges that in the volatile business of protecting vulnerable children, some can die — even when everything possible is done to prevent it.
But the review of the eight deaths found that, in some cases, everything wasn't done.
The two most common shortcomings identified by DCF: failures of frontline workers in the most potentially dangerous homes to understand the family dynamics, and failures of their supervisors to give enough guidance.
DCF administrator Carroll says effective casework is based on common sense, intuition and experience as much as following check lists and completing questionnaires. Supervisors are key, especially when caseworkers are young,
In one federally required quality assurance check this year, Hillsborough Kids scored 25 percent for supervisory reviews of children's safety, permanency and well-being.
It scored 56 percent on how well supervisors followed up on guidance and direction.
The agency was criticized for considering the mother's needs in just seven of 11 sample cases and the father's needs in two of nine.
Other Hillsborough Kids subcontractors include Camelot Community Care, Gulf Coast Community Care, Devereux, and Youth and Family Alternatives.

Among the eight dead children, three fell under Camelot supervision, three under Children's Home Society and one each was managed by Devereux and Mental Health Care.
Rainey said the number of subcontractors has helped reduce caseloads. But Hillsborough Kids' strategic plan acknowledges the difficulties of managing so many subcontractors.
Hillsborough Kids has prohibited Mental Health Care from sending a case manager and therapist to a home at the same time, then counting their visit as two of the three required visits per week — something that happened in the Ezekiel Mathis death. Rainey said the joint visit was an isolated incident, not a regular practice.
The joint visits were done for safety, the agency replied in writing. "MHC still teams its staff when safety is a concern, and agrees with HKI to count this as one visit only."
In a review, Hillsborough Kids also criticized Children's Home Society for "a significant number of risk/safety issues" and performances "below expectations in qualitative guidance by supervisors."
The agency demanded future scores of at least 80 percent on quality assurance reviews.
It ordered Children's Home Society to submit a written plan for improvement.
"We agreed with the findings," said Bundy, the society's CEO. He said his agency is working with the universities of South Florida and Central Florida to catch red flags earlier. He said the agency found it wasn't making changes fast enough in Hillsborough and redesigned the program with major staff changes.
At Hillsborough Kids, Rainey said, his agency has reviewed 1,800 cases and introduced changes.
They include the pending creation of a special dependency court for the highest-risk cases. It will be presided over by Circuit Judge Katherine Essrig.

Judge Katherine Essrig

New software will flag families at high risk for abuse: those with teen mothers, day care problems, past domestic violence and parents who were abused as children. Most of the factors showed up in the eight deaths. The agency also has started a Family Finding program to identify biological or adoptive family members, teachers, coaches, and friends to form support teams for children.
Rainey said frontline workers will have to take an additional 16 hours of training to learn how to size up families and household environments.
He said supervisors, too, will get more training and will be equipped with devices that alert them to problems found during home visits.
DCF's Carroll said the changes are all good.
"But in the end, what we are looking for is improved performance."

Robin Rosenberg

Robin Rosenberg, deputy director of Florida's Children First, serves on the committee that will review bids when Hillsborough Kids seeks to renew its contract. She said she hasn't yet formed an opinion, but she said the number of deaths "is alarmingly high."
DCF, she notes, has shown before that it's not afraid to make big changes to give kids and families a better shot to survive and thrive.
"Safety is important, but it is not everything," she said. "We could lock kids in padded cells and they would be safe. We have to do a lot more to make sure they do well."
John Barry can be reached at jbarry@sptimes.com or (813) 226-3383.

[Last modified: Oct 09, 2011 11:38 AM]

http://www.tampabay.com/news/humaninterest/article1195717.ece

Governor Rick Scott And David Wilkins Do You Remember The Oath You Took?

 Rick Scott And David Wilkins,

Do you remember taking this oath? You have been made aware of numerous violations within DCF, family courts, and police agencies.

The simple fact that they do not need a search warrant to enter your home is a clear violation of the US and State of Florida constitution. By allowing this to continue day after day you are an accomplice and you are aiding and abetting.

I am calling upon you to follow your oath or stand down.

Chapter 876
CRIMINAL ANARCHY, TREASON, AND OTHER CRIMES AGAINST PUBLIC ORDER View Entire Chapter
 876.05 All persons who now or hereafter are Public employees; oath.—(1)  employed by or who now or hereafter are on the payroll of the state, or any of its departments and agencies, subdivisions, counties, cities, school boards and districts of the free public school system of the state or counties, or institutions of higher learning, except candidates for federal office, are required to take an oath before any person duly authorized to take acknowledgments of instruments for public record in the state in the following form:

I,  , a citizen of the State of Florida and of the United States of America, and being employed by or an officer of   and a recipient of public funds as such employee or officer, do hereby solemnly swear or affirm that I will support the Constitution of the United States and of the State of Florida.

Said oath shall be filed with the records of the governing (2) official or employing governmental agency prior to the approval of any voucher for the payment of salary, expenses, or other compensation.
History.—s. 1, ch. 25046, 1949; s. 22, ch. 83-214; s. 55, ch. 2007-30; s. 77, ch. 2011-40

Rick Scott,     rick.scott@eog.myflorida.com

David Wilkins,     dcf-osc@dcf.state.fl.us

Palm Beach County's New Anti-Corruption Inspector General Selected Sheryl Steckler

By Jennifer Sorentrue Palm Beach Post Staff Writer Updated: 7:53 p.m. Thursday, Feb. 24, 2011
Posted: 5:50 p.m. Wednesday, May. 5, 2010  
WEST PALM BEACH — The woman responsible for ferreting out corruption for the state's Department of Children and Families was chosen today to serve as Palm Beach County's first-ever inspector general.
Sheryl Steckler, 48, was one of eight finalists for the newly created post, which will watchdog over the kind of waste and misdeeds that have sent five local elected officials to federal prison.
A seven-member selection panel consisting of the county's ethics commission, State Attorney Michael McAuliffe and Public Defender Carey Haughwout chose Steckler after two days of interviews.
The selection marked one of the final steps in a year-long effort to rid the county of its corruption-tainted image.
"I think it is meaningful benchmark of success," McAuliffe said after the selection. "…We are on are way. What a difference a year makes."
County attorneys plan to meet with Steckler Thursday morning to begin negotiating the terms of her contract. County commissioners will have to sign off on the contract before it becomes official.
Steckler has spent seven years working as the inspector general for DCF in Tallahassee, where she oversees a staff of as many as 150 employees and makes $107,000.
Steckler could not be reached for comment Wednesday. She graduated from Twin Lakes High School in West Palm Beach. In her application for the post, she pointed to her decades of management experience and work with the National Association of Inspectors General, where she currently serves as second vice president.

"My responsibility has always been to enhance the public trust in government," Steckler wrote. "My integrity and strong work ethic have never wavered, even in the most difficult times."
DCF Secretary George Sheldon praised Steckler's work for the department, saying she has been "very aggressive" in ferreting out "all kinds of issues." She has also worked to close loopholes that have led to fraud and waste, he said.
"When you have 4,500 employees you are going to get some bad apples," Sheldon said. "What you have to do is put some systems in place that identify when it does happen without putting the good employees in jeopardy."
In Palm Beach County, Steckler will lead a newly created inspector general unit. She will have the power to conduct audits and require reports from all county offices. She will also have unrestricted access to county records.
County commissioners agreed to create the inspector general post last year, after a grand jury convened by McAuliffe recommended the county enact tougher ethics laws. The inspector general and ethics commission topped that list.
Last month, the county's ethics commission chose Alan S. Johnson, the county's top corruption prosecutor, to serve as its executive director.

"It is hard for me to believe that we are where we are today," said attorney David Baker, who helped create a coalition to push for county ethics reform.
Baker said the coalition is also working on amendments to the county's charter that would allow the inspector general to investigate cities and towns, and not just county offices.
"There is still a lot that the new inspector general and the new executive director are going to have to do," Baker said. "They will need some help."

http://www.palmbeachpost.com/news/countys-new-anti-corruption-inspector-general-selected-672448.html  

Alan S. Johnson

Father Sues Florida Department Children And families For Taking His Daughter

William Dunn Case Update - Father Sues Florida DCF for Taking His Daughter

May 3rd, 2010 by Robert Franklin, Esq.
Last July I reported on the William Dunn case here.   I’ve recently spoken with Dunn and his attorney, Robert Hancock and learned more details.  The case opens a window on the mindset that often prevails in child protective agencies.  Let’s just say, it’s not exactly father-friendly.
Mr. Dunn is a Florida man who fathered a daughter, Mercedes, out of wedlock with a casual acquaintance, Jennifer Shoaf.  For some time, Shoaf kept the child secret from Dunn, but eventually he learned about her and moved immediately to be part of her life.
What he found out about his daughter’s situation appalled him.  Shoaf was living with a boyfriend, Miguel Colon.  His daughter, then about four years old, was suffering from apparent symptoms of sexual abuse.  Dunn reported the matter to the Department of Children and Families who investigated but concluded there was no problem.  They also told Dunn something else; they told him not to be surprised if Shoaf levelled charges against him in retaliation.
And guess what.  That’s just what happened.  But Dunn was able to prove to the satisfaction of a judge that Mercedes was suffering harm from being in her mother’s and Colon’s care, so custody was transferred to Dunn.
But Shoaf wasn’t finished.  In September of 2006, she again contacted DCF with allegations against Dunn.  She said Mercedes had told her that Dunn had been touching her and taking photos of her.  Now, I don’t know a dad in the world who doesn’t “touch and take photos of his children,” but to DCF that meant “sexual touching” and “pornographic photos,” even though the girl had indicated no such thing.  Such is the mindset of certain child welfare workers.
So DCF again investigated and Mercedes said, however very young children say such a thing, that there had been no inappropriate touching by Dunn.  Despite being required by law and by Florida regulation to do so, DCF failed to interview Dunn or his wife, Heather, whom Dunn made sure to always have present when bathing, dressing, medicating, etc. the little girl.
Despite all that, despite the fact that they had no evidence of inappropriate behavior on Dunn’s part, despite the fact that they themselves had warned him about false allegations by Shoaf, they took Mercedes into foster care.  It took Dunn a year to get her back, but get her back he did and she is now nine and seems to be a healthy and happy child.  That said, she does require counseling for the anxiety caused by the persistent lying her mother coached her to do.

Meanwhile, Dunn employed Hancock to represent him in a lawsuit against DCF.  It’s based on their negligent investigation of the case that resulted in Dunn’s daughter being taken from him.  He’s suing on his own behalf and that of his daughter who suffered sexual victimization apparently at the hands of Colon.  Trial is scheduled for October 4, and Hancock likes his chances.
I can’t overemphasize the value of what Dunn and Hancock are doing.  I’ve written about the abuses of father’s and children’s rights by child welfare authorities more times than I can count and every father who’s experienced some version of what Dunn has should know that he may have a lawsuit available to him.  Negligence is not a difficult thing to prove; it’s just failure to use ordinary care.  So if a state CPS agency fails to use ordinary care in investigating a claim against a dad he should consult an attorney.

The negligence cause of action can be a good one in a case like Dunn’s, but we shouldn’t forget that the U.S. Ninth Circuit has ruled that a CPS agency that fails to notify a father before it places his child in foster care can be liable under federal civil rights laws.  My guess is that a father who sues under that theory will discover a pattern or practice of ignoring fathers as a placement alternative for children taken from abusive or neglectful mothers.  At least that’s what an Urban Institute study from 2006 shows.
It’s often been true in the past that, when legislatures refuse to enact needed legislation, litigation can often do what needs to be done.  African-Americans had success in court well before southern legislatures required schools and other public facilities to be integrated.  And once litigation succeeds, statute law is often not far behind.  Again, civil rights litigation led directly to the civil rights legislation of the 1960s.  In the same way, products liability litigation led to consumer products safety laws.
The Dunn case and the Burke case decided by the Ninth Circuit show again that, when legislatures fail, litigation can often succeed in asserting rights and disciplining those who have come to believe that they act with impunity.
William Dunn’s case could be the tip of the spear that slays the beast.




http://www.fathersandfamilies.org/?p=7075

Lawsuits Against Department Of Children And Families In Florida Again

BROOKSVILLE — The much-publicized story of the Allains ended in March 2006 when the Weeki Wachee couple were convicted of nearly starving a 10-year-old foster girl.
But the repercussions from that troubling case continue today as those injured seek accountability and compensation.
John J. Edwards Jr., another foster child adopted by Lori and Arthur "Tommy" Allain, filed an amended civil lawsuit Nov. 18 that alleges negligence against his adoptive parents; the state Department of Children and Families; adoption nonprofit Kids Central; and his caseworker, Cathy Kelly.
His biological father, John J. Edwards, filed a similar lawsuit this month, seeking financial damages against DCF and three employees who he claims wrongfully terminated his parental rights, which allowed the Allains to take custody of his son.

For those involved — particularly the state agencies named in the court documents — the lawsuit reopens healing wounds.
Sebring attorney Gary Gossett Jr. represents both Edwardses.
In a letter to DCF about the latest lawsuit, he described his client's situation: "His caregivers starved his half-sister almost to death and forced (the younger Edwards) to suffer a horrible environment reminiscent of a Nazi death camp."
Gossett said the cases are the natural extension of previous court findings. He disputed that it's a quest for money.

"This is about vindication more than anything," he said. The elder Edwards' case "has truly not been about money. It's about the state's agents running over people."
• • •
The Allain saga first exploded into the public realm in May 2004 when John Edwards Jr., then 14, ran away from the Allain home and the allegations of abuse and neglect unfolded.
Edwards — found by sheriff's deputies wandering the streets — said he had been punched in the chest for sneaking food to his half-sister.
Authorities discovered the girl weighed just 29 pounds at age 10, putting her "at risk of imminent death."
Her foster parents refused to give her food because she seemed to have an eating disorder and would vomit after meals. They kept her locked in a room with only a paint bucket to use as a toilet, authorities said at the time.

On June 18, 2004, the Allains were arrested and charged with child abuse and child neglect.
The arrests shed light on an incredible back story, dating to June 2000, when the children were taken from their biological mother and placed by DCF in the care of the Allains, who knew the mother.
Despite numerous red flags, the state granted the couple full custody in April 2002 after they terminated the parental rights of the children's mother.
An independent review conducted after the arrests found DCF ignored numerous allegations of abuse and other warning signs, allowing Edwards and his half-sister to endure a pattern of "torture and starvation."
It took the courts two years to rule on the case, in part because the Allains went on the lam ahead of their trial. In the end, they were convicted and sentenced to 25 years in prison for the abuse with an additional five years for failing to appear in court.
The girl has since been adopted by a family in South Florida.

• • •
The report, released in August 2005, serves an important role in the new lawsuits. It points the finger directly at the state. DCF officials have acknowledged wrongdoing and made numerous policy changes.
But the report's author, Circuit Judge Scott Bernstein of Miami, put the most blame on the adoptive parents.
"The Allains, not DCF, are responsible for torturing these children," he wrote. "The difficult question for DCF in this case is how the Allains got away with it for so long."
Bill D'Aiuto, the DCF administrator for the circuit that includes Hernando County, said he could not comment directly about the lawsuit. But he acknowledged the agency's substandard work.
"Certainly, this was a terrible case and caused us to go back and do a thorough review," he said. "We also want to recognize that we have learned from this, and we are moving forward."
The younger Edwards' 13-page lawsuit lists 11 counts. The first four aim directly at the Allains, accusing them of negligence, intentional infliction of severe emotional distress, battery and false imprisonment.
The document also charges that DCF, Kids Central and the caseworker "negligently failed to protect (Edwards) from abuse and neglect."
Gossett said Edwards, who turns 19 on Saturday, is living on and off with his father in Sebring. He said his client is still dealing with the torment endured in this case and is seeking hundreds of millions as a settlement.

The biological father's lawsuit is an extension of this case.
Soon after his son's case went public, the elder Edwards challenged why his parental rights were terminated without his knowledge. He argued that DCF didn't do enough to locate him, and the trial court agreed, saying it was "unfathomable" that a more diligent search wasn't performed.
The case bounced through the court system for years with an appellate court deciding in March 2007 in Edwards' favor.
"For almost three years, (Edwards) has battled for that right against a recalcitrant Department of Children and Families, which has interposed a pointless procedural hurdle and frivolous defenses," wrote District Judge Vincent Torpy in the appellate decision.
The father's civil lawsuit, filed Nov. 14, alleges that DCF "significantly violated the civil rights of the plaintiff, herein causing him deprivation, companionship and parental rights of his son." In particular, it attacks Richard Robbins Jr., the social services employee in charge of notifying Edwards about the termination.
It seeks damages from DCF; Kelly, the caseworker; Robbins; and Diane Ubele, the department's attorney, in excess of $15,000, but does not list a total figure.
Gossett said the case is about accountability. The financial award should be incentive to DCF to change its ways.
"It's the last chapter," he said.
John Frank can be reached at jfrank@sptimes.com or (352) 754-6114.

Copyright 2008 St. Petersburg Times
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