DCF investigating Miami’s child welfare dysfunction

The Department of Children and Families is convening a Peer Review Team to investigate the problems in Miami. I don’t know if it’s a public meeting, but it should be.  See email below for details.


From: Mike Carroll <Mike_Carroll@info.dcf.state.fl.us>
Date: 04/25/2017 10:30 AM (GMT-05:00)
To: “Ferradaz, Gilda” <Gilda.Ferradaz@myflfamilies.com>
Subject: Miami Peer Review Launch Meeting (5/1/17: Miami, Florida)

The Department of Children and Families will convene a peer review team to conduct an assessment of current operations and to develop recommendations to improve the relationships of stakeholders within the Miami-Dade child welfare system of care, strengthen behavioral health services for teens, and to clarify information-sharing. The commencement of the Miami Peer Review Team will take place on Monday, May 1, 2017 (9am) at 401 NW 2 Ave, Suite North-1011/Visionary Room, Miami, FL 33128, and you are invited to attend.

The team will facilitate multiple discussions with individuals and groups involved in the local child welfare system to engage various community stakeholders. The team’s work will build upon prior work completed in the region, including the Child Welfare and Behavioral Health Integration Self-Study and Peer Review, Southern Region Miami-Dade and Monroe Counties’ Child Welfare System of Care Peer Consultation Team Summary [found here], and relevant CIRRT reports [eventually will be found here].

The team, led by Lee Kaywork, CEO of Family Support Services of North Florida, consists of DCF leadership and external stakeholders. Team members include:

  • Vicki Abrams, DCF Assistant Secretary for Operations
  • Neil W. Boris, MD, Irving Harris Training Director, Florida State University–Center for Prevention and Early Intervention Policy Professor, Child Psychiatry
  • Skye Cleek, Program Manager: Henderson Behavioral Health
  • Rebecca Kapusta, DCF General Counsel
  • Kelly McGrath, DCF Assistant General Counsel
  • April May, DCF SunCoast SAMH Program Supervisor
  • Steven Murphy, Executive Director of Devereux Florida
  • Frank Prado, Director of Operations of Florida Statewide Guardian ad Litem Office
  • Gertrude (Trudy) Petkovich, Foster Parent Consultant
  • Lorita Shirley, CEO of Eckerd Kids
  • Dr. Joyce Taylor, Consultant and Former Interim CEO of Our Kids Miami-Dade, Monroe

If you have any questions or need more details regarding the meeting, please contact Gilda P. Ferradaz at 786-257-5059 or Gilda.Ferradaz@MyFLFamilies.com. We hope you will be able to join us for this important meeting to help ensure that the state and community are working together to meet the needs of Florida’s children and families.

Sincerely,

Mike Carroll
Secretary
Florida Department of Children and Famlies

Florida Supreme Court: no more summary dismissals of private dependency petitions filed by immigrant kids

The Florida Supreme Court issued a 3-1-3 opinion today with the majority ruling in favor of the child and the controlling opinion (i.e, the narrowest reasoning adopted by the most justices) being that trial courts cannot summarily dismiss dependency petitions filed by immigrant children seeking Special Immigrant Juvenile status. In doing so, the opinion echos the concerns of Judge Vance Salter of the Third District that “the recent spate of summary denial orders in the trial court and per curiam affirmances in [the Third District] suggest a categorical rejection of such petitions rather than the usual individualized evidentiary hearings and written findings of fact.”

The controlling opinion also states that the intent of the child to seek a Special Immigrant Juvenile visa is not a basis to summarily deny the petition: “If a child meets the statutory criteria for dependency, then child must be adjudicated accordingly.” The Third District’s determination that the immigrant child petitioner was not “truly” needy without any factual record or evidence was found to be error. The case will be sent back to the trial court for a full evidentiary hearing.

Chief Justice Labarga wrote the majority opinion, in which Justices Pariente and Lawson joined. Justice Lewis concurred in result only, but wrote that while he “cannot agree with the summary nature of the proceedings below,” he is concerned that the SIJ visa procedure transforms dependency courts into an “immigration processing system which is strictly reserved for our federal immigration authorities.” Justice Lewis recommends a legislative fix.

Justice Lawson, the newest member of the Florida Supreme Court, wrote additionally to state that he believes the case is ripe for review (in contrast to the dissent below) because it was clear the trial judge had no intention of permitting an amendment to the petition.

Justice Canady, joined by Justices Quince and Polston, dissented on the grounds that this particular child’s petition failed to state a legal basis for dependency. The dissenters agreed, however, that immigrant children should be given an evidentiary hearing and adjudicated dependent where legally appropriate, and that a child’s intent to seek immigration status is legally irrelevant.

The controlling opinion here does not address many of the substantive issues bubbling in the district courts, including whether maltreatment allegations can be dismissed as “remote” if the child is currently living with an appropriate caregiver. The three dissenting justices approved of this “remoteness” test, with Justice Canady writing that the proper focus is not on the parents’ past abandonment in this case, but on whether the child’s current placement is safe. The four majority justices did not adopt this reasoning.

This case was brought by the Immigrant Children’s Justice Clinic at Florida International University and Baker McKenzie. Congrats to both on a fantastic job! The law clinics at the University of Miami and Florida’s Children First filed amicus briefs in support of the child. And many other firms collaboratively worked on related cases that made this outcome possible.

I should note one more thing: many children had their cases summarily dismissed while this appeal was pending. If they aged out pending their appeal, those kids have no recourse under the Court’s ruling in O.I.C.L. Some of those children will be removed from the country and returned to unsafe homes. The work of seeking justice is far from done.

APD: dependent children are “automatically” and “immediately” off the wait list when reunified

The Florida Agency for Persons with Disabilities issued a declaratory statement this month, at the request of the Children & Youth Law Clinic, clarifying that foster children on the wait list for developmental disability services will be immediately placed into the waiver program upon the presentation of an order reunifying the child with their parents. The practical effect is that no family should become “stuck” in foster care or under the supervision of the Department of Children and Families due solely to their inability to privately pay for developmental disabilities services for their children.

The request for a declaratory statement came from a series of cases handled by the Clinic involving children with developmental disabilities who had loving and safe parents, but who could not be reunified in their family’s home due to the severity of their disability. These children typically resided in residential rehabilitation programs that provided round-the-clock staff trained to support the child and keep them safe. Many of these cases became “stuck” between DCF, APD, and the courts because of uncertainty over who would pay for continued services if the dependency case were closed. APD’s declaratory statement makes clear that these children can be reunified with their parents and remain in an appropriate residential rehabilitation program without a lapse of services.

A special congratulations to students Tyonna Brent and Isabel Jolicoeur for their great work on the petition.

The full Order Disposing of the Petition for Declaratory Statement is available here.