Subject: class action suit against florida
Date: Tue, 4 Jul 2000 19:30:18 EDT
Class Action Suit Filed Against Governor, DCF Officials and Local Administrators Reform of Florida Foster Care System Sought WEST PALM BEACH, Fla., June 15 /PRNewswire/ --
Florida children who have been languishing in the state's foster care system for extended periods of time may finally be placed in permanent homes, depending on the outcome of a class action lawsuit filed today in West Palm Beach, naming Governor Jeb Bush, Department of Children and Families (DCF) Secretary Kathleen Kearney and 15 district administrators as co-defendants.
A team of attorneys representing foster children from around the state has instigated the action to force the foster care system into compliance with state and federal law once and for all.
Robert M. Montgomery and Theodore Babbitt are two of the West Palm Beach- based attorneys comprising the team of 22 attorneys that is taking the case on behalf of Florida's foster children. Other attorneys from around the state of Florida include Michael Barnes (Key West), Barbara Burch (West Palm Beach), Bill Chanfrau (Daytona Beach), Jerold Feuer (Miami), Karen A. Gievers (Tallahassee), Donald Hadsock (Bradenton), Michelle Hankey (West Palm Beach), Wayne Hogan (Jacksonville), Kristi Kassebaum (Miami), Robert G. Kerrigan (Pensacola), John B. Ostrow (Miami), Bernard P. Perlmutter (Miami), Carolyn Salisbury (Miami), Gregory A. Samms (Miami), Brenda B. Shapiro (Miami), Neil Spector (Tampa), Susan L. Stockham (Sarasota), Jim Walsh (West Palm Beach), John Walsh (West Palm Beach) and Dianne Weaver (Fort Lauderdale).
"The Florida foster care system is a disaster," said children's advocate Karen Gievers. "The only people benefiting from the system right now are the bureaucrats and their contract providers.
The abuse, neglect and financial exploitation of these children that is occurring is shocking and simply must not continue." More than 14,000 children, many of whom have been removed from their families by the state because of alleged parental abuse or neglect, are currently in Florida's foster care system.
Federal law limits the length of time children can be held in "temporary" state custody to 12 months. According to Gievers, children in Florida are held in foster care much longer, with the average length of stay nearly three times longer than the legal limit.
The result is a grossly overcrowded system and greatly increased risks of harm to the children being held.
The text of the lawsuit contains a number of specific instances in which children have been abused and neglected by the very system that was intended to protect and nurture them.
"I just don't understand how the people with the authority to end this madness can sleep at night," said Robert Montgomery. "It's this simple: if the system was being operated in the fashion that it was intended, innocent, helpless children would be in loving homes, and not left indefinitely in bureaucratic limbo."
"The State is not doing its job, and thousands of children are suffering as a result of that inaction," said Theodore Babbitt. "This has been going on for years. We simply will not stand for it any longer." Gregory Samms added, "I have worked with Karen Gievers in the past on children's issues, and I believe this case will force changes in a system sadly unresponsive to children, particularly minorities, in foster care."
The lawsuit asks the federal court to mandate immediate compliance with existing laws relating to care for foster children and also asks for the appointment of a child advocate or ombudsman to monitor compliance.
No monetary damages are sought, just prompt reform of the system. "Florida's foster care system has been described as the worst in America," said Gievers.
"Children cannot be properly and safely raised by bureaucratic committees. They need real families and good permanent homes to help them reach their full potential." SOURCE Strategic Marketing CO: Strategic Marketing; Department of Children and Families ST: Florida
