Five Years After Foster Care Child’s Suicide, Findings Could Resurface
February 9, 2014
The suicide of 7-year-old Gabriel Myers in foster care shocked the child-welfare system in 2009. It led to a series of recommendations about Florida’s use of psychotropic medications on foster kids and how to protect already-traumatized children from sexual abuse by other abused children.
But nearly five years after Gabriel hung himself in the shower of his foster home in Margate, the findings that followed his death are mostly unfulfilled.
Children’s advocates haven’t given up, though, and will try to move several measures forward during the 2014 legislative session.
In 2008, when he was 6 years old, Gabriel was found in a car with his mother, who was passed out with drugs at her side, authorities said. He was placed in foster care. Documentation in his case files showed that, while living in Ohio before moving to Florida, he had been sexually abused by an older child and shown pornography by an adult relative. Gabriel exhibited sexual behavior problems at school and had lost one foster placement due to his troubling behavior.
“One of the major things we learned was that the reason he was so disturbed was that he had been sexually abused himself,” said attorney Howard Talenfeld, president of the advocacy group Florida’s Children First. “As a victim of sexual abuse, he was acting out. This was a significant part of his problem that went unaddressed.”
Gabriel was also taking two psychotropic medications when he died, and a Department of Children and Families investigation found that neither his parents nor a judge had approved them, nor was the medication he took reflected in his case files.
Then-DCF Secretary George Sheldon appointed two work groups in 2009 and 2010 to study and make recommendations about the use of psychotropic medications on foster children and about child-on-child sexual abuse.
One of the groups learned that in 2009, about 5 percent of all U.S. children were treated with psychotropic medications, but in Florida’s foster care system, 15.2 percent of children received at least one such medication. Of these, more than 16 percent were being medicated without the consent of a parent, guardian or judge.
Five years out, the verdict is that more progress has been made on the psychotropic medication issue than on the issue of child-on-child sexual abuse.
“I think we’re a lot better. I think we’re a lot better than most states,” said Robin Rosenberg, deputy director of Florida’s Children First, who served on the workgroup on psychotropic medications. “But I think more can be done on alternatives (to medication) and on really making sure that parents give informed consent and that courts have a true understanding of what it means.”
Talenfeld charges that while extensive recommendations were offered to address both psychotropic medications and child-on-child sex abuse, they were dropped in January 2011, when Gov. Rick Scott took office and tapped David Wilkins as the new secretary.
“This report was abandoned, and nothing was done to implement any of the recommendations,” Talenfeld said. “And they were very, very significant.”
In July, when Esther Jacobo became DCF’s interim secretary, Florida’s Children First contacted her and, Talenfeld said, began drafting legislation addressing key recommendations, such as mandatory reporting to the abuse hotline of the sexual abuse of children in state care and a tracking, placement and quality assurance system.
The group is also pushing to eliminate the age distinction for children who act out sexually in the foster care system. Currently, those 13 and over are reported to the sheriff’s office as sex offenders. Talenfeld —- who also hopes lawmakers will pass a claims bill for a client of his who was sexually abused by a foster child — says all child victims should be treated for the abuse they’ve endured, even if the symptoms involve acting out.
Another key recommendation was that the Legislature should provide funding to ensure that each child in the care of the state is assigned a guardian ad litem — an advocate for abused and neglected children in the court system.
“Nothing will get better unless the Legislature fully funds guardians ad litem for every trial,” said Miami-Dade Circuit Judge Cindy Lederman. “We are still far behind in that most important recommendation.”
By the terms of both state and federal law, the program should be fully funded, said Alan Abramowitz, executive director of Florida Guardian ad Litem. Currently, there are 29,285 children under court supervision statewide, of whom 76 percent have a guardian ad litem.
This year, Scott recommended an increase that would extend coverage to all children in out-of-home care and 77 percent of those under court supervision. Senate President Don Gaetz and House Speaker Will Weatherford, in a work plan for the session, said they hoped to fully fund the program over the next several years.
Abramowitz said the guardian ad litem program will need about $6.1 million in Fiscal Year 2014-15 and additional funds in the following three years to achieve 100 percent representation of all dependent children.
He also said the program “has made psychotropic medication a priority. Our standards require our program to prioritize children on psychotropic medication.”
As to how DCF is handling the psychotropic medication issue five years after Gabriel’s death, Rosenberg said “the state put a pretty good system in place, as far as creating a rule to be followed and attempting to ascertain whether at least a legal authority is there.”
But as a foster parent, she said, she’s also seen the other end of the process.
“I think we still kind of default to ‘If a doctor prescribed it, then it must be what the kid needs’ — and not enough questions about what information was provided, what did the doctor look at and what else has been tried? …I’m not convinced that everyone on the front line has an in-depth understanding to the extent that they need in order to get good decisions made for each child,” Rosenberg said.
by Margie Menzel, The News Service of Florida
Florida Gov’t Weekly Roundup: New Lt. Gov. Gets Going, Budget Battles Brew
February 9, 2014
For anyone thinking that the appointment of new Lt. Gov. Carlos Lopez-Cantera was the first step in recasting Gov. Rick Scott’s election-year image, Lopez-Cantera’s first week on the job undermined the notion.
Scott said he would “consider” a measure that would reduce higher-education tuition for some undocumented immigrants, which could be seen as a sizable concession from someone who rose to prominence by advocating an Arizona-style immigration enforcement bill.
But for the most part, Lopez-Cantera seemed to instead become more like Scott than vice versa, with the governor’s new No. 2 already proving adept at rattling off the economic talking points and campaign-style slogans that have been the hallmarks of Scott’s first term.
Of course, the new lieutenant governor wasn’t the only one settling into Tallahassee for a while. Lawmakers have begun the legislative session in all but name, with the first committee week in February featuring discussion of Scott’s budget proposal and a pair of gun bills pushed by the National Rifle Association.
TEAM PLAYER
The actual swearing-in of Lopez-Cantera was a quiet, private ceremony. The former House majority leader, who most recently served as Miami-Dade County property appraiser, was joined at the ceremony by his family and Scott.
At around 10:30 a.m. Monday, Lopez-Cantera became the 19th lieutenant governor in Florida history. Within a few days, he and the Scott administration were facing questions on issues of importance to the Hispanic community that political observers viewed as one of the reasons Lopez-Cantera got the job.
It was largely smiles during Lopez-Cantera’s first outing in his official role, a press conference with Scott outside the governor’s mansion about an hour after taking the oath of office.
“The governor’s been doing a great job,” said Lopez-Cantera, 40. “I just look forward to being a part of the team and helping in any way that I can.”
For his part, Scott was already laying out a job for his new No. 2, who has far more experience in dealing with the Legislature and the Tallahassee establishment than Scott, who rode the tea-party wave of 2010 to office.
“He’s got the right background,” Scott said. “He’s got a great legislative background — being majority leader, majority whip, building great relationships. He’s been in business. He’s got local government experience. He’s going to be a major part of making sure we get our $500 million tax break back to Florida families.”
But simply naming a Latino to a high-ranking post might not be enough to gain a toehold among the growing number of Hispanic voters, who have shown an increased willingness to cast ballots for Democrats. Scott and Lopez-Cantera met Wednesday with Hispanic lawmakers and faced questions about whether the governor would allow at least some undocumented high school students in Florida schools to be eligible for in-state tuition.
Scott said he was open to the idea, but he clearly wasn’t ready to endorse it.
“I’ll certainly consider it. I think tuition’s too high,” Scott said during a meeting with the Hispanic Legislative Caucus
Scott quickly shifted away from the topic and instead focused on lowering tuition. He also bashed Charlie Crist, the leading Democratic challenger in Scott’s re-election bid, for approving a 15 percent “tuition differential” that allows universities to raise tuition by up to 15 percent per year and adjust for inflation.
Rep. Jose Javier Rodriguez, D-Miami, pressed Scott but the governor remained on message.
“I’ll consider it but I want all tuition to stop growing,” Scott said.
BUT WHAT ABOUT TOASTER STRUDELS?
Meanwhile, the National Rifle Association, one of the most effective lobbying groups in Tallahassee, was back at work doing what it does best: getting the Legislature to increase the protections gun-owners and gun-lovers enjoy in Florida. Even if it comes to making sure they can sculpt their breakfast into whatever shape they choose.
A new bill (PCB KTS 14-02) proposed by House Judiciary Chairman Dennis Baxley, R-Ocala, is already becoming known as the “the Pop-Tart bill” for just that reason. The title is a reference to a widely reported news story about a Maryland 7-year-old who was suspended from school last year for chewing his breakfast pastry into the shape of a gun.
The bill would tweak school “zero-tolerance policies” to prevent children from being disciplined for simulating a gun while playing or wearing clothes that depict firearms.
“Obviously we don’t want firearms brought to school in a backpack,” Baxley said. “But we were definitely having some over-reactions.”
Despite the usual firefights that gun bills spark at the Capitol, there seemed to be a ceasefire over Baxley’s bill.
Rep. Carl Zimmermann, a Palm Harbor Democrat and high-school journalism teacher, recalled a student who — weeks before her graduation — was found to have a pink water pistol in the back seat of her car and “wasn’t allowed to walk to graduation” as a result.
School discipline wasn’t the only target for gun-rights supporters. Insurance companies could face tougher penalties if they impose higher rates, refuse to issue or cancel auto or homeowner policies due to gun ownership, under a measure backed by a House committee.
Florida law already prohibits such action, but Rep. Matt Gaetz, R-Fort Walton Beach, said his proposal (HB 255) would provide a remedy other than with the state Office of Insurance Regulation by allowing a policyholder to sue if an insurer took such an action.
“It just gives greater access to courts,” Gaetz said. “It’s unlawful now, but the only entity that has the ability to enforce it right now is OIR.”
That one wasn’t quite as popular as the Pop-Tart bill. Rep. Kevin Rader, D-Delray Beach, an insurance agent, cast the lone vote on the Insurance and Banking Subcommittee against the measure. He called the measure “unnecessary.”
“If an insurance company wants to exclude assault-type weapons, it seems to me that it is good to exclude if they desire to,” Rader said. “Certainly I know on animal exclusions they exclude Doberman pinschers and rottweilers.”
BUDGET BATTLES BREW
This week also marked the first opportunity for lawmakers to start plunging into the details of Scott’s proposed budget. The proposal got a largely receptive — or at least quiet — audience among Republicans in both the House and the Senate. But House Democrats, in particular, weren’t quite as mum about the nearly $74.2 billion spending plan for the fiscal year that begins July 1.
For example, Democratic Rep. Reggie Fullwood of Jacksonville, argued that the governor’s “historic” funding for education still falls short of the level of per-student funding provided in the 2007-08 budget, the high-water mark for that figure. And Fullwood pointed to the fact that $374.7 million of Scott’s proposed $542 million increase for schools would come from local property taxes.
“It appears in this budget, and I hope you can correct me, that we’re shifting a lot of the funding requirements to our local governments and their property taxes,” he said.
Scott’s budget does set aside the largest amount of raw dollars for public education in the state’s history. And the governor’s budget director, Cynthia Kelly, said the state’s 56.4 percent share of the funding “is one of the highest state percentages in recent years” — though education funding reports on the governor’s budget website show that the state provided almost 57.2 percent of the money in the state’s main funding source for schools last year.
Democrats repeatedly pushed Kelly for specifics about how many patients would be left on waiting lists for certain state services after Scott’s proposed funding to reduce the sizes of those waiting lists. Scott would cut waiting lists for some services for the elderly by more than 2,000 individuals and provide services for more than 1,000 of the highest-need individuals seeking services from the Agency for Persons with Disabilities.
Meanwhile, a sales-tax holiday backed by Scott got the go-ahead from the Senate Commerce and Tourism Committee, but still faces minor challenges before it can clear the Legislature.
While Scott has recommended a 15-day period in June for a list of hurricane-related items to be sales-tax free, the Senate version (SB 362) stands at 12 days.
Senate sponsor Rob Bradley, R-Fleming Island, called the differences between his measure and Scott’s recommendation “minor details that need to be worked out.”
“The devil’s in the details about how many days it’s ultimately going to be,” Bradley said. “There is some discussion about what items are going to be included or not included.”
An amendment that would have extended the measure to 15 days was withdrawn.
The governor’s office has promoted the 15-day hurricane sales tax holiday as a $20 million savings for consumers.
STORY OF THE WEEK: Carlos Lopez-Cantera is sworn in as the first Hispanic lieutenant governor in state history.
QUOTE OF THE WEEK: “This isn’t the first session for these subjects. This is the umpteenth. I don’t know if it’s the umpteenth plus one that gets something done or the umpteenth itself that gets something done.”–Senate Gaming Committee Garrett Richter, R-Naples, on the prospects for comprehensive gambling legislation.
by Brandon Larrabee, The News Service of Florida
New Farm Bill Signed Into Law
February 8, 2014
U.S. farmers will no longer get automatic checks from the government under new agriculture legislation President Obama signed into law Friday. But critics say the new Farm Bill simply replaces the old subsidies with new ones that may violate international trade rules. The bill also includes reforms in how the U.S. helps the hungry around the world.
The Farm Bill Obama signed ended $5 billion per year in automatic payments to farmers.
“This bill helps to clamp down on loopholes that allowed people to receive benefits whether they were planting crops or not. And it saves taxpayers hard-earned dollars by making sure that we only support farmers when disaster strikes or prices drop. It’s not just automatic,” the president said.
The new Farm Bill expands programs that buffer growers from bad weather or bad markets.
It raises the minimum price growers are guaranteed for certain crops. And it offers subsidized insurance that guarantees farmers’ incomes do not drop much from year to year.
After more than two years of dedicated work toward passage, farmers and ranchers from across the nation now have answers about how they can manage the many and varied risks they face in producing food and fiber, according to American Farm Bureau Federation President Bob Stallman.
“It’s been a bumpy road for the farm bill over the past several years, with many twists and turns, but farmers never gave up nor lost momentum in working toward its passage,” Stallman said. “Farm Bureau believes this farm bill will give farmers and ranchers a measure of business certainty for this and coming years, allowing them to better manage risk while carrying out the important business of providing food and jobs for America.”
Stallman credited congressional Agriculture Committee leaders, House Chairman Frank Lucas (R-Okla.), House Ranking Member Collin Peterson (D-Minn.), Senate Chairwoman Debbie Stabenow (D-Mich.), and Senate Ranking Member Thad Cochran (R-Miss.), for their leadership, perseverance and cooperation during what was a long, difficult and politically charged farm bill cycle.
Including the cuts already made through sequestration, the Farm Bill will save $23 billion over the next 10 years. It will enhance rural economies with additional jobs, invest in research and education and include reform that works for farm and ranch families. Importantly, the bill also provides disaster provisions for livestock producers and fruit and vegetable growers.
“This bill strengthens crop insurance so farmers like me will have the tools we need to survive a weather disaster,” LaCross said prior to introducing President Obama for the signing ceremony in Michigan.
Elsewhere in the Farm Bill, changes should help food aid get to more needy people around the world.
Aid groups can spend more of the funding they receive buying food from markets near where it will be used, rather than from the United States.
“Not only will that save money, but it will reach people faster,” said Oxfam America’s Eric Munoz. “The actual program of buying locally is a much quicker response than buying food from the United States and shipping it.”
Munoz says with the same funding, help can now reach hundreds of thousands more hungry people.
Pictured top and inset: A North Escambia farmer harvests peanuts last year in Bratt. NorthEscambia.com file photo. Pictured inset: President Barack Obama tours Michigan Biotechnology Institute with Agriculture Secretary Tom Vilsack in Lansing, Mich., on Friday.
College Library Flasher Headed To Jail
February 8, 2014
An Escambia County man that exposed himself on the campus of Pensacola State College is headed to jail.
Alexander Tillman admitted before Judge Joyce Williams that he committed four counts of indecent exposure. He was sentenced to one year in jail followed by two years probation. During his probation, he is required to complete the sexual offender program, pay court fines and costs, and to stay away from any campus of PSC.
The charges stemmed from allegations made in October 2013 by several female PSC students that Tillman was repeatedly exposing himself to them when they would be in secluded areas of the library.
Barrel Racing At Poarch Creek Facility Loses Another Round
February 8, 2014
The 1st District Court of Appeal on Friday said the state improperly granted a controversial permit that allowed a Poarch Creek Indian operated pari-mutuel facility to offer rodeo-style barrel racing.
In a brief opinion, a three-judge panel upheld a decision last year by Administrative Law Judge John Van Laningham that said the Florida Department of Business and Professional Regulation effectively created a new rule by allowing barrel racing at the Gretna facility. Van Laningham said the department did not go through the necessary rule-making process.
The issue has been controversial, at least in part, because the facility did not run more-typical quarter-horse races. Also, offering races allows facilities, such as Gretna, to operate lucrative card rooms.
“The issue in this case is not whether barrel match racing can be or should be considered ‘horseracing’ for purposes of the state’s pari-mutuel wagering laws,” said Friday’s opinion by judges Nikki Ann Clark, T. Kent Wetherell and Stephanie Ray. “Instead, the narrow issue in this case is whether the division’s policy of treating barrel match racing as an authorized form of quarter horse racing is an unadopted rule.”
by The News Service of Florida
Ball Registrations Continue For Century, Jay
February 8, 2014
Century Little League registration will be Saturday, February 15 from 9:30-11:30 a.m.; Thursday, February 20, 5-7 p.m.; and Saturday, February 22 from 9:30-11:30 a.m. at Showalter Park in Century. Teams for ages 3 and up; birth certificate required. Registration fee is $50 for the first child, $45 for each additional sibling. For more info, call Jamie at (850) 393-9624, Brandy at (850) 607-0743, Charity at (850) 501-9663 or Ashley at (850) 261-1701.
Jay Recreation Registration will continue Saturday, February 15 and Saturday, February 22 from 9 a.m. until noon in the new gym lobby. $50 for the first child, $40 second child, $30 third child. Bring a copy of each child’s birth certificate. Tryouts are Saturday, March 1.
Chiefs Advance To District Championship Against Chipley
February 8, 2014
The Northview Chiefs will face the Chipley Tigers Saturday night for the District 3-1A basketball title.
The Chiefs defeated Baker Friday night 65-55, while the Tigers defeated Jay 61-41.
Scoring for Northview against Chipley were Tony Mcaroy 19, Neino Robinson 16, Cameron Newsome 13, Eric Williams 9, Nick Lambert 4, and Tydre Bradley 3.
Northview will travel to Chipley for the championship game at 7:30 p.m. Fans can send off the Chiefs, or follow them to Chipley, by being at NHS at 3:45 p.m.
Northview Lady Chiefs Open Season With Wins Over Freeport
February 8, 2014
The varsity Northview Lady Chiefs beat Freeport 16-2 Friday night in their season opener, while the JV Chiefs beat Freeport 4-3.
The Chiefs will travel to Chipley on Feburary 13. Their first home games of the season will be on February 17 against Pace with the JV playing at 4:00 and the varsity at 5:00.
Pictured: The Northview Lady Chiefs in Freeport Friday night. Courtesy photo for NorthEscambia.com , click to enlarge.
Ernest Ward Names Valentine’s Court (With Photo Gallery)
February 8, 2014
Ernest Ward Middle School held its annual Valentine’s Dance Friday night, naming a queen and her court based upon student votes. Pictured (L-R) are seventh grade knight and maiden Alex McMinn and Nikoal Creamer; eighth grade queen and king, Celeste North and Levi Wagner; and sixth grade maiden and knight McKinzi Kent and Keaton Brown.
NorthEscambia.com photo, click to enlarge.
Letter To The Editor: Grover Robinson On 4-H Property Issue
February 8, 2014
LETTER TO THE EDITOR
I was at a funeral earlier this week and the speaker made a comment about this area that is so true. He said, “in Northwest Florida we would rather fight over pennies than work together for dollars.”
This is a very true statement and it explains much of the controversy that the Escambia Board of County Commissioners (BCC) heard at its February 6, 2014, Public Forum related to the Extension Service and its relationship with 4-H.
Since the sale of the Matt Langley Bell 4-H property, an internal struggle within the Extension Service (IFAS) has occurred. The question is whether to build a building at the current Stefani Road property or invest that money in land and buildings further to the north of our county closer to its agricultural roots.
Both sides have come to the BCC claiming that they represent the children and that the other side is wrong and ultimately the BCC is wrong unless it does what they want. Having listened to both sides the challenge is they both have validity, standing and a future in the success of Escambia County. However, they seem incapable or perhaps unwilling to work together for a mutual solution.
The Extension Service, a joint participation by Escambia County and the University of Florida under IFAS, provides significant services to the community, both the traditional ag as well as other environmental services for the greater community. The challenges are, while our traditional agriculture based in the northern two-thirds of this county, the other services provided create benefits to the 80 percent of the population that lives below Nine Mile Road.
One side represents more traditional agrarian services such as 4-H in growing livestock for show and agricultural needs. The other side of this argument is the group that provides environmental and horticultural services to the urban core of our community otherwise known as Master Gardeners. Both groups serve a vital position within the Extension Services and within Escambia County.
Unfortunately, both want to control the future of IFAS and the proceeds that came from the sale of the Matt Langley Bell Center. Unfortunately, in doing so they have turned on each other and they both seek a political resolution created by the BCC. Let me be clear not only are both groups necessary to Escambia County, both groups are represented by honorable people who I greatly enjoyed getting to know through this process that I wish I could bring together for a solution.
On one side you have people like Jacob Gilmore who absolutely in his heart simply wants to make our community a leader in those areas which are critical to him including raising livestock. On the other side you have individuals like Justice Ken Bell and his brother who are part of the same character as their grandfather who originally endowed our Extension Service with the assets it enjoys now.
It has been my hope for some time that both sides would work together and see there is a need for a facility such as that identified at Stefani Road for providing environmental and horticultural services to the more populated southern end of our county. At the same time it is vitally important to have livestock programs centered on a piece of land in the northern portion of our county that focuses on traditional ag programs.
Commissioner Barry plans to bring a proposal to the next Committee of the Whole. Unfortunately, a series of emails and letters have created hard feelings on both sides before we have the opportunity to really evaluate a solution.
I hope and pray over the next week that we, in Escambia County, see that if we work together we can create more than if we simply line up to fight each other. The future of Escambia County and the future of our success is based on that collaboration of being the best of what we have both our traditional agriculture in our north end and our more urbanized southern end.
If we can ever find the opportunity to work together this community has great potential. I hope the future of Extension will be that catalyst for us to realize the dollars we can create together is much more than the pennies we have fought over in the past.
Sincerely,
Grover C. Robinson, IV
Escambia County Commissioner
District 4