by Bradley Parsons
Staff Writer
More than two decades of litigation in child welfare cases convinced Howard Talenfeld that physical and sexual abuse of children was an epidemic among Broward County’s foster families. He fears that the same sickness infects Duval County.
Talenfeld became of counsel in May to Jacksonville firm Zisser, Robison, Brown & Maciejewski. He’s teaming with Zisser attorney Brian Cabrey, former assistant general counsel to Florida’s Department of Children and Families, to pursue civil suits against DCF for failing to protect foster children.
Unfortunately, Talenfeld so far hasn’t had any problem finding clients. He and Cabrey already represent more than a dozen children reportedly abused by their foster families.
“Sadly, my client list is growing,” said Talenfeld. “We haven’t even begun to unearth them all.”
Talenfeld estimated as many as 40 percent of Broward County foster children are abused after they fall under DCF supervision. The state often takes custody of the children to remove them from abusive homes. But Talenfeld said the kids often end up in worse surroundings.
“Parents have a fundamental right to raise their child. If the state is going to intervene, then the state needs to understand that it is assuming that responsibility,” he said. “The state owes them care and treatment.”
But Talenfeld said the state is often nowhere to be found while its charges endure horrifying abuse. Three of his child clients were caged by their foster family. A Broward County case sued DCF claiming that six siblings were kept in a room without furniture or access to toilets. In both cases, the children endured sexual and physical abuse.
DCF settled the Broward County case for $5 million.
Talenfeld was the first attorney in Florida to use a federal civil rights damage statute to increase the amount of damages available in a suit against DCF. Florida’s sovereign immunity caps damages in such cases to $100,000. By successfully pressing the civil rights claim, Talenfeld’s awards have routinely exceeded that cap.
Talenfeld hopes those hefty awards serve as a wake-up call to the state. He says DCF is woefully underfunded, leading to a general lack of supervision of state charges.
“In 1999 there were 20,000 children under DCF supervision,” he said. “Now there’s more than 48,000. But there hasn’t been a commensurate increase in the budget. We hope that we can help the state’s leaders recognize that it’s time to help these children.”
But when the state doesn’t respond to financial pressures, Talenfeld can turn the heat up using the media glare. The $5 million Broward County case was widely reported in the national media. ABC news magazine “20/20” reported on it twice.
Talenfeld ultimately would like to see DCF become proactive in protecting children rather than reacting after abuses have been committed. He’d like to see more of DCF’s resources directed at keeping kids out of abusive environments.
Cabrey and Talenfeld have both worked as general counsel for DCF. But both left when they came to the realization that “DCF was doing more harm to these kids than good,” said Cabrey.
“There’s nothing to keep kids out of the system,” said Cabrey. “They’d rather spend $1.2 million defending a lawsuit than just invest the money up front to protect these kids.”
Partner Barry Zisser said he’s pleased to have the Cabrey/Talenfeld team working for him.
“Adding to our staff a conscientious, talented attorney is a benefit to us and to the children in Duval County,” said Zisser. “They are repairing a system that’s terribly broken.”