Friday, September 26, 2014

Editorial: Nightmare Of A DCF

It has become like a nightmare. Imagine it: You lay flat, cheek pressed against the dusty edge of a cliff. Your outstretched hand grips that of a tiny child. Fingers clench hard and white. Then slip. The child falls. Sweat-drenched, you wake before the body shatters against the stone below.
Horrifying ends like this have become far more than dreams under the Florida Department of Children and Families. Losing hold of our most vulnerable has become a regularity. A failure to protect them is systemic. And the results are unthinkable.


Last week, we were forced to think about it. On Sept. 18, in Bell, Florida, a man named Don Charles Spirit shot his daughter and six grandchildren. The tiny Floridians ranged in age from 2 months to 11 years. Spirit turned the gun on himself as deputies arrived — the final act of a depraved and evil man.
But for the state, our greatest shame is that these children could have — and should have — been saved.
According to the Miami Herald, just two weeks prior to the massacre, the DCF “received a report ... that the children of Sarah Spirit, 28, were living with drug abusers... Spirit told the agency she had just been released from jail after violating probation .... At the time, she was living with her father, a 51-year-old man with a record of violence who had once gone to prison for fatally shooting his son in a hunting accident.”
In the records obtained from the DCF, the Herald found all the ingredients for this nightmare. This was not the first encounter the agency had with the monster. Don Spirit’s history with the DCF spanned years with “allegations that he physically abused both his children and grandchildren, as well as at least one report of domestic violence between him and his daughter.”
Furthermore, the records showed that Spirit had been arrested on a slew of charges including “battery, drug possession and depriving a child of food and shelter.” And in 2001 the man had accidentally shot and killed his 8-year-old son on a hunting trip, according to the Herald’s findings. In addition, the story noted that the mother’s history “included arrests for larceny, shoplifting and drug possession” and that the “two fathers of her six children both are incarcerated.”


The state knew all of this — had long known this. Yet these six children were still in the custody of monsters. That has not been an isolated failure with the DCF.
Last year, the Herald chronicled this sad pattern in a series called “Innocents Lost.” The newspaper demonstrated how, for years, our state has continually allowed children to remain in dangerous situations, even after the danger has been well-documented. Too often, it resulted in fatal consequences for the most vulnerable and innocent members of our society.
And now this. The Herald says the killings are “believed to be the largest loss of life in a single family with a child welfare history ever in Florida.” So the nightmare continues. The agency that exists to save is incapable of pulling these children up from the cliff.
Forget the election-year promises that, in Florida, “it’s working.” Gov. Scott must make fixing the DCF his first priority. Because if government’s foremost obligation to protect children’s right to life isn’t working, then nothing in Florida is.

http://www.pnj.com/story/opinion/2014/09/25/editorial-nightmare-dcf/16227011/

Friday, September 19, 2014

Nubia Barahona's adoptive sister files lawsuit against Florida's Department of Children and Families

Suit claims child suffered years of abuse

12:08 PM, Sep 17, 2014
 
It was a Valentine's Day discovery that unearthed one of the worst cases of child abuse and neglect in recent Florida history.


Three years after the young body of 10-year-old Nubia Barahona was found stuffed in a garbage bag of her adoptive father's pickup truck, Nubia's adoptive sister is suing Florida's Department of Children and Families.  The sister is accusing the state agency of failing to protect her too.
“It’s about a systemic failure of DCF and its agencies to protect children that they're supposed to be protecting,” said attorney Todd Falzone, who’s representing the young girl.
In the lengthy 20-page lawsuit, Nubia's adoptive sister, identified as J.B., now 11-years-old, claims for years she also suffered from the abuse of living with Carmen and Jorge Barahona, the children's adoptive parents.
“Unfortunately there is unspeakable acts of abuse embarked on this child,” said Falzone.
The lawsuit claims Carmen and Jorge Barahona physically, sexually and emotionally abused J.B.  It also cites multiple times that DCF allegedly missed signs of abuse in the house where J.B. lived with Nubia and her twin brother, Victor.
“You name it.  It’s a horrible, disgusting set of facts,” said Falzone.
Between December 2004 and February 2011, when Nubia was killed and her twin brother, Victor, nearly lost his life, Falzone cites at least 12 times DCF failed to properly discover abuse and investigate reports of it.
The lawsuit claims DCF and three case workers are responsible for the damages, injury, pain and mental distress that J.B. continues to live with.


“The light needs to be shined on what goes on with these kids at this agency.  This is an agency that time and time again has failed the children of this state,” said Falzone.
This is the second lawsuit filed against the state in this case.  The other was filed on behalf of Nubia and her twin brother Victor.
Carmen and Jorge Barahona have pleaded not guilty to the charges they face.  If convicted, both could face the death penalty.  Both remain in jail awaiting trial.

http://www.wptv.com/news/state/nubia-barahonas-adoptive-sister-files-lawsuit-against-floridas-department-of-children-and-families