florida lawyer goes after foster parents who abused her

by Mrs. Madelynn Fritsch 5 min read

Was Your Child abused in foster care in Florida?

Across Florida, dozens of parents, guardians and adoptive kin were stunned to learn that their children had passed through the homes of rapists and child beaters. Some suspected for years that their loved ones had been abused in foster care, but they could not get help or treatment.

What happens if a foster parent is arrested for abuse?

When a foster parent is arrested for suspected abuse, all of these families need to be informed, but that rarely happens, he said. Filson pointed to prosecutors and law enforcement, saying they typically investigate only until they have enough evidence for a conviction.

Do we owe it to those children who passed through foster care?

“You have to go back and interview the other kids who passed through that home,” said Nancy Buckner, commissioner of the Alabama Department of Human Resources, which oversees foster care. “It’s vitally important. We owe it to those children.” It’s vitally important.

Is Cape Coral foster care a criminal offense?

“It’s criminal,” said Mary Anderst, who was never contacted when her grandson was sent to live in a Cape Coral foster home where kids were allegedly brutalized and forced to live in squalor. “There are families in therapy trying to figure things out, and the state knew all along.

Can you sue DCF in Florida?

Yes, in certain situations you may be able to sue the Department of Children and Family Services (DCF). You would need to show either that DCF violated your civil rights or was grossly negligent. This is hard, but not impossible, to do. These cases are more complicated than your typical personal injury case.

Why do some foster parents abuse?

Some of the abuse suffered by children in foster care results from the inappropriate placement of vulnerable, often younger, children in homes with physically or sexually aggressive youth.

Does foster care cause trauma?

Youth in foster care have increased rates of trauma exposure; rates have been estimated to reach 90 percent; among trauma forms, foster care youth have an increased risk to have experienced abuse and/or neglect compared to the general population (Dorsey et al., 2012).

How long does DCF take to investigate in Florida?

within 60 daysHow long is an investigation? The investigation regarding your child is required to be completed within 60 days, except in cases involving a child death, missing child, or when law enforcement has an open criminal investigation.

What happens when a parent is accused of abuse?

A parent who is falsely accused of child abuse could potentially lose visitation or custody rights if they do not contest the allegations in court. Alternatively, a parent who falsely accuses another parent of abuse could face fines, limited visitation, and even the loss of custodial rights.

Why do foster children make false accusations?

These children may use an allegation to get out of a placement, as an act of revenge, as a way of distancing themselves from caretakers because they fear intimacy or are unable to trust, or because they believe an investigation of foster parents will enable them to return to their biological parents.

What are trauma behaviors in foster kids?

Erratic behavior, unpredictable emotions, and delays in development are all common in children who have experienced trauma. Be ready to adapt to new situations and challenges. Foster parents should also always seek support in their quest to help a child through the healing process.

Why do foster kids have PTSD?

While trauma is highly personal for each child, foster children with PTSD may have experienced one or more of the following prior to foster placement: Abuse (physical, emotional or sexual) Neglect. Effects of poverty (such as hunger or homelessness)

What is complex trauma?

Complex trauma describes both children's exposure to multiple traumatic events—often of an invasive, interpersonal nature—and the wide-ranging, long-term effects of this exposure. These events are severe and pervasive, such as abuse or profound neglect.

Can social services take my child away without evidence?

Can social services take my child away? Social services will usually only take a child away from their parents if they believe that the child is at risk of harm or neglect in their current circumstances. They are obliged to investigate any complaints or concerns reported to them.

How do I file a complaint against DCF in Florida?

Other avenues of reporting complaints include:Anonymously report waste through the Get Lean Hotline: 1-800-438-5326.Whistle-blower Hotline: 1-800-543-5353.More items...

At what age can a child refuse visitation in Florida?

However, most judges will take into account a child's preference around the age of 12 or 13, along with other factors such as the child's intelligence, maturity, child's experiences with each parent and whether the child understands the decision being made.

What happened to a child who left Florida to be adopted?

Others reported physical abuse: One caller said that when a child left Florida to be adopted in 2016, she had visible injuries on her torso from being kicked in the stomach by her foster mother.

When did foster homes in Miami get relicensing?

The department confirmed “some indicators of abuse” in one Miami foster home as early as 1996 and 2000. Both times, child welfare agencies greenlit the Miami pastor and his wife for relicensing, records show. In July 2013, a 5-year-old being watched by the foster mother was reportedly sexually molested.

What is DCF policy?

DCF policy requires caregivers to discipline with kindness and consistency, using positive reinforcement or expressing verbal disapproval, but never with physical force.

How many referrals for foster care in 2015-16?

The number of foster care referrals filed against foster parents, group homes and guardians rose by roughly 54% over the past five years, from fewer than 700 complaints in 2015-16 to more than 1,000 last year.

Why did foster parents leave children outside?

Some said foster parents shut children outside as punishment and left them without food or access to a bathroom.

Why was the foster mother angry?

The foster mother was angry about the accusations, believing her adopted son incapable of the actions attributed to him, the documents say, but she accepted the corrective plan.

Why did the state of Florida rewrite the rules in 2014?

As USA TODAY’s six-part series revealed, state lawmakers rewrote rules in 2014 to make it easier to seize children from their parents, but they had no plan for where to house the growing numbers. As a result, caseworkers placed kids in dangerously overcrowded homes and with foster parents who later faced civil or criminal charges of sexual assault and torture. Nearly 200 boys and girls were sent to live with foster parents on whom the state had some evidence that abuse had occurred.

Helping Foster Parents with the Adoption Process in Florida

Many children who are removed from their homes in Florida are placed in foster care. If the biological parent’s rights are terminated, foster parents may want to adopt the child if it is a good fit for the family. You should discuss the process with an experienced foster care adoption lawyer in Florida.

Adopting a Foster Child

Foster parents who wish to adopt must attend a training class to learn about the adoption process and possible issues. You must also undergo a background check and a home study, which is required for all adoptions by non-relatives.

Consult with a Foster Care Lawyer in Florida Today

The law firm of Juliana Gaita, P.A., helps foster parents complete the adoption process while working to minimize stress and complications. Contact our Florida foster care attorney for more information.

What did the Brevard Family Partnership discipline Mitchell?

When Mitchell was accused of abuse in April – her second such complaint –Brevard Family Partnership disciplined her by issuing a corrective action plan that required Mitchell to do little more than watch training videos “where they tell you ‘Don’t hit kids,’” Larson said.

How many corrective action plans were there in the foster care system?

Among the five years of records were just 58 corrective action plans in which foster parents agreed to take training courses and accept additional monitoring to retain their licenses.

Why did DCF remove Joy and her siblings from their mother?

DCF removed Joy and her siblings from their mother because of “ongoing physical abuse” by the woman’s partner , who struck the children on their arms, legs and faces with a belt, court records show.

Why did Lakeisha Mitchell's siblings get removed?

Child welfare workers in April removed the siblings from Lakeisha Mitchell’s Titusville foster home and reunified them with their mother ahead of schedule “due to the injuries seen" on one of them, records obtained by USA TODAY show.

What did Mitchell tell police about Joy?

Mitchell told police that Joy had extreme behavioral problems and had been “speaking with demons.”

Why did the state of Florida rewrite the rules in 2014?

As USA TODAY’s six-part investigation revealed last year, state lawmakers rewrote rules in 2014 to make it easier to seize children from their parents, but they did not have a plan for where to house the growing numbers. As a result, caseworkers placed kids in dangerously overcrowded homes and with foster parents who later faced charges of physical and sexual abuse. Nearly 200 boys and girls were sent to live with foster parents on whom the state had some evidence that abuse had occurred.

What state blames mothers when men batter them?

Child welfare and domestic abuse: Florida blames mothers when men batter them – then takes away their children

What happens when a foster parent is arrested?

When a foster parent is arrested for suspected abuse, all of these families need to be informed, but that rarely happens, he said. Filson pointed to prosecutors and law enforcement, saying they typically investigate only until they have enough evidence for a conviction. Sometimes that means going back to comb for more victims, but more often not.

Why did the foster counselor not speak to neighbors?

As part of the foster approval process, a counselor did not speak to any of the neighbors during a home visit because the “area where they live is very marginal” and she would “prefer not to associate with neighbors or attempt to have them complete forms ,” licensing paperwork shows.

Why can't DCF say how many calls involved foster homes?

DCF could not say how many calls involved foster homes because its system does not capture that data , an agency spokeswoman said. Other states, including Delaware, Illinois, Missouri and Texas, can provide such breakdowns. Experts say not going back to these families perpetuates a vicious cycle for generations to come.

Why is it important to interview children who have lived with a known abuser?

More than two dozen experts in child protection told USA TODAY reporters that it is critical for foster care agencies and government regulators to interview children who have lived with a known abuser. Not doing so leaves victims of abuse unidentified and prevents them from getting victims’ compensation, counseling and other critical services. That could put them at greater risk for becoming abusers themselves, the experts said.

How many kids passed through Hazel's home?

More than 70 kids had passed through their home. In addition to the rape victim, the family members of two other foster children came forward with concerns of abuse or neglect. Rick Hazel in court. DEDE SMITH. But following Hazel’s arrest, no one – not caseworkers, not child abuse investigators, not law enforcement – talked to all ...

How many foster children were there in Hazel's home?

Of the 73 foster children who passed through Hazel’s home, USA TODAY reached family members of nearly a dozen. Each said they first learned of their children’s placements there through conversations with journalists.

What do child molesters do?

Child molesters use the relationships forged through their positions – as teachers, pastors, mentors, foster parents – to trap children into sexual encounters.

Why do kids end up in foster care in Florida?

In Florida and nationwide, the vast majority of kids end up in foster care not because of abuse but because of neglect due to substance abuse and mental health issues.

Who was the first molestation case?

The first molestation allegation had surfaced a year earlier, regarding an 8-year-old foster boy. The second had been reported in April – regarding her son Danny. It was a staggering revelation for Mandi Jo, who said she had asked caseworkers why Danny was suddenly removed from Robert Metzner’s foster home earlier that year.

How old was Metzner when he was sent to foster care?

Four months later, Eckerd sent Metzner his first foster child, an 8-year-old boy. The 8-year-old had been in foster care for nearly two years and lived in more than two dozen homes, according to placement data analyzed by USA TODAY.

How many foster children does Eckerd have?

By late 2018, Eckerd was responsible for more than 2,250 foster children between Pasco and Pinellas counties, but had just 470 licensed foster homes.

What did Fleishauer say about Eckerd?

Shortly after DCF’s investigators closed the case, Fleishauer said she overheard Eckerd employees on the phone, reminding the foster father that it was inappropriate to sleep in the same bed as a foster child and asking him to take more training to refresh him on boundaries.

Did Metzner fire Fleishauer?

But once again, both police and DCF’s child abuse investigators concluded there was no evidence to support the accusations. Days later, Metzner fired Fleishauer. Child abuse investigators are required by law to interview parents of alleged victims when investigating foster parents.

Do foster care agencies have to interview people?

State law requires foster care officials to interview people who live in the home during the background check process. DCF also recommends that licensing officials take it a step further and talk to people who “regularly” spend time at the home. Peter Digre, former DCF deputy secretary.

What happens if you are injured in foster care?

If you or a child was injured or harmed while in the care of a foster parent or group home or ward, you may be entitled to financial compensation. Although exercising your rights and seeking monetary compensation will not turn back time or undo your pain and anguish, it will allow you to have the financial means to get the necessary treatment for your injuries. To ensure that you get the full compensation that you deserve, you should hire an experienced New York foster care abuse lawyer.

Why is foster care important?

Foster care is intended to protect children from neglect and abuse at the hands of parents and other family members. Yet all too often it becomes an equally cruel form of neglect and abuse by the state.

Is it bad to put foster children in abusive homes?

Placing foster children in abusive homes is appalling. Failing to protect them so the abuse won’t continue is inexcusable. The agencies that place these children with foster parents have the duty to properly screen and monitor the foster homes to ensure the children are adequately placed and cared for in a safe and secure environment.