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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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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