How Could You? Hall of Shame-Nubia Barahona caseUPDATED-Child Death

By on 2-16-2011 in Abuse in adoption, Abuse in foster care, Child Collector, Florida, How could you? Hall of Shame, Jorge Barahona, Nubia Barahona, Victor Barahona

How Could You? Hall of Shame-Nubia Barahona caseUPDATED-Child Death

This will be an archive of heinous actions by those involved in child welfare, foster care and adoption. We forewarn you that these are deeply disturbing stories that may involve sex abuse, murder, kidnapping and other horrendous actions.

From Palm Beach County, Florida, on Monday February 14, 2011, a Miami Foster-to-Adopt dad, Jorge Barahona, was found along side his 10 year old adoptive son on I-95. Details are still coming in, but the boy was ” soaked in chemicals and next to a five-gallon gas tank, according to a West Palm Beach police affidavit.” CNN reports that “[t]he child “appeared to be in respiratory distress and (was) trembling” and his clothing “was soaked with an unknown chemical,” the affidavit said.”

The Miami Herald reports that “hours later, at a hospital, investigators would learn the boy had even more injuries. According to the affidavit, the boy had a fractured arm, fractured clavicle, marks from some type of chord or rope around both wrists and scarring on his lower abdomen and butt.” He is still in critical condition.

The Washington Post reports that his twin sister’s “body was found hours later wrapped in plastic bags, wedged between chemical containers in the bed of the pickup truck. ”

The Miami Herald reports that “Barahona, the boy’s adopted father, would tell police he was trying to commit suicide. But inconsistencies between Barahona’s story and the injuries on his adopted son, 10-year-old Victor Doctor, would lead to him being charged with aggravated child abuse.”

WPTV.com says “DCF says there will be a hearing Wednesday afternoon to decide if Jorge and Carmen Barahona’s other two adoptive children will remain with relatives or be placed in state custody.” The two children are with grandparents. “DCF said the couple adopted four children over the last seven years; two boys and two girls, which included a set of twins.”

CNN says “The FBI is examining the truck and took samples of the chemicals.”

CBS4 reports that “[j]ust days before the body was found, the Department of Children and Families reportedly received a call that the man had been abusing two of his two adopted children.

According to CBS4 news partner The Miami Herald, a child who lived near Jorge Barahona told their teacher that he would bind his adopted children’s hands and feet with duct tape and only release them so they could eat. The teacher called DCF and reported the suspected abuse.  According to the paper, at least one of Barahona’s other adopted children has confirmed that the children were kept bound in the Barahona’s home.” and

“According to DCF, Barahona and his wife Carmen, 60, have been foster parents for decades.  A few years ago, they took in Victor and his sister and later adopted them.  The couple also has two other adopted children living with them in the home at 115o1 SW 47th Terrace; a 7-year-old girl and an 11- or 12-year-old boy.

Before the Barahonas adopted Victor and his sister, DCF confirmed that they had been the subject of three reports to the abuse hotline. The agency declined to detail the nature of these reports.

Carmen Barahona reportedly told investigators that she and her husband had recently separated and that she had custody of the couple’s other two children — not Victor and his twin. ”

Father Says Body in Truck is his Daughter
[CNN 2/16/11 by Katie Segal]

Judge Sets 1 Million Bond in Child Abuse Case
[The Miami Herald  2/16/11 by Diane Moskovitz and Carol Marbin Miller]

Florida Girl Dead in Toxic Truck Brother Burned
[The Washington Post 2/16/11 by Kelli Kennedy/AP]

Hearing Scheduled Wednesday on Custody of Jorge Barahona’s Adoptive Children
[wptv.com 2/16/11]

Abuse Charge Filed Against Man in Truck Acid Death
[CBS4 Miami 2/16/11]

Updates: Many more details have emerged. The twin girl who was found in the truck has been identified as Nubia. She and her brother were  placed into foster care in 2004.

Daily Mail is the only publication that is alleging that she was also doused with chemicals. An autopsy is underway.”The girl’s partially dissolved corpse..”  is how they describe it. They also give further details about Nubia. “She was also said to have become very thin, was losing her hair, was ‘nervous and jittery’ and had started stealing food.
Though the ten-year-old suffered from a medical condition involving her hormones, there was no documentation to say that she had seen a doctor.”

The Palm Beach Post explains the outcome of the Wednesday hearing and when DCF got involved.
“State officials said Wednesday Carmen’s granddaughter told a relative about how the Barahonas allegedly tied up Victor and Nubia by their wrists and ankles and confined them to the bathroom for most of the day. It was the girl’s revelation that resulted in the call to DCF’s abuse hotline.”

“Investigators who questioned the 7-year-old girl after the incident said Carmen Barahona would tell her granddaughter not to tell anyone about how the twins were treated because it was a “family secret.”

“Lederman on Wednesday ordered Carmen Barahona to stay away from Jorge and Jennifer, the two other adopted children now living in foster care, and agreed with school officials that the children should continue attending class at Blue Lakes Elementary”

TC Palm describes why the children were put into state care and the adoptive parents’ occupations.
“Victor and his twin became foster children when their birth mother’s drug and alcohol abuse led to persistent neglect. They were sent to live with Jorge Barahona, 53, who owns a pest control company, and his wife, Carmen, 60, who worked for a pediatrician.”

Also described are the previous reports to the abuse hotline on the Barahonas.
“Before the adoption, the Barahonas had been the subject of three reports to the abuse hotline, said Riordan, who declined to specify the allegations. A source said one report stated the girl had been going to school dirty, while another report claimed one of the children had been bruised. The allegations did not result in any action against the Barahonas.”

The Associated Press adds that “[b]efore the twins were adopted, one therapist wrote in a report that the children were thriving. Only a Guardian Ad Litem expressed concern about the adoption and asked for an expert to review the case, but the adoption went through anyway, child welfare officials said. ”

TC Palm reports that some of the children were homeschooled. See REFORM Talk’s Tuesday Terms Child Collector Post for how this can be one criterion for a child collector.
“But between Feb. 10 and Monday, child welfare investigators had not taken the children — who were being home-schooled, and had little visibility in the community — out of the home.”

Also, Nubia’s medical condition and reason for being homeschooled were described in the AP article.
“Nubia also suffered from a medical condition where her genitals looked like a boy’s. She had corrective surgery in July, Lambert said.

Child welfare officials said classmates teased Nubia mercilessly and her parents decided to home school her last fall. ”

The Associated Press explains that the Barahonas ” adopted the twins, an 11-year-old autistic boy and a 7-year-old girl from foster care.”

They also explain the complete failure of the child protection investigator the previous Friday. “Child protective investigator, Andrea Fleary, went to the home looking for the twins Friday night, but Carmen told them she was separated from her husband and didn’t know where he or the twins were. Officials now believe she was covering for him.

“How could we have gotten a call to a hotline on Feb. 10 and a child died” a few days later, Judge Cindy Lederman said at the hearing.

When asked why Fleary didn’t interview the remaining two kids in the house, she said it was 9 p.m. on a Friday night. The judge was furious with the answer.

Fleary tried to interview one of the children, but Carmen became angry and made her stop, child welfare officials said after the hearing.”

CNN reports that the twins were adopted in 2009. The biological father’s sister and husband, who live in Houston, wanted to adopt them at that time. “Unfortunately, the expert opinion suggested that there was a sigificant bond and the courts are inclined to go with experts’ opinion,” Grossbard said.

The bond he refers to is the five years the twins lived with the Barahonas as their foster children before being adopted by them in 2009.”

Fathers Acid Attack Leaves 10 year old Daughter Dead Twin Brother Fighting For Life
[Daily Mail 2/17/11]

Judge Shows Outrage at DCFS Handling of Abuse Case
[The Palm Beach Post News 2/17/11 by Ana Valdez]

Dad Confesses that He Drove to Palm Beach County to Kill Himself
[TC Palm 2/16/11 by Carol Marbin-Miller , Alexandra Seltzer, Ana M. Valdes and  Niels Heimeriks]

Toxic Truck Family
[Associated Press 2/16/11 by Kelli Kennedy]

Florida Twins
[CNN 2/17/11 by Kim Segal and John Zarrella]

Update 2: The $1 million bail for Jorge has been negated with the new charge of attempted murder of Victor.
1 Million Bail Set for Adoptive Father
[The Miami Herald 2/17/11 by Carol Marbin-Miller and Diane Moskovitz]

Update 3: The Barahonas wrote to Governor Crist in 2007 claiming that they were victims of a wtich hunt by the Guardian adLitem who did not want the Barahonas to adopt. The governor did forward letters to the DCF.
Couple Under Scrutiny Fought to Adopt Twins
[Palm Beach Post 2/19/11 by Pat Beall]

Update 4: Many more details have come to light. Jorge was born in Nicaragua. Carmen was born in Cuba. Many adoption abuses cases involve people born in foreign countries. The 6-year-old in their care is Alessandra Perez, their granddaughter. Jennifer Perez is the mother, who is also now banned from any communication with Alessandra. Alessandra’s biological father Yovani Perez now has custody of her. The $950 per month of foster care payments for the remaining 3 children has been halted. It is estimated that the Barahonas were making $1200 per month for all 4 of the children. The house that they lived in is described as a “fortress” with gates , security cameras and “cloaked in shrubs.” Neighbors did not see them very often.

The 4 calls to CPS are documented in the Daily Beast and Miami Herald articles.

  1. January 2005-CPS contacted because Nubia told someone at school that her father was touching her. It was never followed-up on or confirmed whether or not it was her biological father or Jorge Barahona.
  2. February 2006-CPS contacted by school because Nubia had bruises on chin and neck that may be abuse. The Barahonas were ordered to a meeting in Miami, but did not go for a week. By that time, the bruises had mostly gone away.
  3. March 2007-CPS contacted because “Nubia was dirty and unkempt, constantly complained that she was hungry and smelled badly. “
  4. June 2010-CPS contacted because she was “uncontrollably hungry” to the point she was stealing food, was losing hair and was “nervous” and “jittery.”

Jorge Barahona accused of Horrific Child Abuse in Florida

[The Daily Beast 2/19/11 by Jacqui Goddard]

Granddaughter of Accused Child

[The Miami Herald 2/20/11 by Carol Marbin Miller]

Victor and Nubia’s House of Horrors

[The Miami Herald 2/19/11 by Carol Marbin Miller and Diana Moskovitz]

Update 5: The Associated Press was told by child welfare officials that Jorge starved Nubia to death.
Documents Detail Dead Florida Girl’s Trouble
[The Associated Press 2/21/11]

New Probable cause affidavit  (pdf)
New Probable Cause Affidavit
153 Page PDF of DCF protective investigation (slow to load)

Full DCF File on Nubia

Letters sent to Governor Crist by Jorge Barahona (pdf)

Letters to Governor Crist


[Government documents via Palm Beach Post 2/21/11]

Update 6: REFORM Talk has reduced the 153 page pdf to a 15 page pdf that is a chronological description of the DCF files.
Nubia Doctor DCF Excerpts

In the custody case of the 6 year-old granddaughter, Alessandra, of the Barahonas , the judge ruled “Neither volunteer guardians nor foster care caseworkers may discuss the horrors of the girl’s grandparents home with her absent a court order.” Reality check: SHE will be thinking and talking about this for a long time as she was severely emotionally abused!
She is still with her biological father and stepmother after taking a trip to DisneyWorld. She has been assigned a private caseworker who states “The youngster returned Monday from a trip to Disney World with her father and step-mother and appeared to be in good spirits.”
“The child is doing well,’’ Lopez Sigler said in court. “She was happy.’’
We sincerely hope that this girl gets intensive counseling and that the caseworkers are more thorough in their assessments than expressing the outward happiness of her following a DisneyWorld trip. A quick glance at the conclusions made in Nubia’s assessments shows how DCF has a history of glossing over important facts.
[The Miami Herald 2/22/11 by Carol Marbin Miller]
Update 7 : A search behind the home that included cadaver dogs did not yield significant evidence.
“Beginning in early December, Jim Sheppard detected a hideous smell coming from the house next door, where Carmen and Jorge Barahona lived with four children they adopted from foster care. It smelled like something had died there.
Weeks later, the Sheppards could detect the faint smell of Pine Sol in addition to what appeared to be a “dead rat’’ odor, though Sheppard says his family never uses the cleaner.
On Sunday, Feb. 13, the smell of death disappeared, Sheppard said”
Good news: “10-year-old Victor was improving at Jackson Memorial Hospital’s burn unit and could be released as early as Friday.”
Demonstrating the Barahonas’ poor care of the children,”[f]oster care administrators told Lederman the 7-year-old girl will require two root canals and two extractions, while the 11-year-old will require one root canal and an extraction. “All the children, including Victor, have gigantic craters’’ in their teeth, Lambert told the judge.”

About that 2008 Psych Exam that cleared the way for the Barahonas to adopt: ” A source told the newspaper that a Miami psychologist who evaluated the twins and the Barahonas had never been told that the couple had been the subject of three reports to the state’s abuse hotline, and that both school employees and a volunteer guardian-ad-litem had expressed serious concerns about the couple’s fitness to raise the children.”

An unbelievable number of police runs to the house: “According to the Miami-Dade Police Department, officers were summoned to the Barahonas’ suburban home 17 times between 1995 and the present. The incidents ranged from a complaint that someone had “egged’’ the Barahonas’ house to a report by Carmen Barahona that her ex-husband was stalking her — he was never charged. Another report accused Jorge’s ex-girlfriend of recruiting a male friend to make threatening phone calls.”
Rally asks: Is there ANYONE who DIDN’T completely mess up in this case?
[The Miami Herald 2/23/11 by Carol Marbin Miller and Diana Moskovitz]
Update 8: Rally’s Question answered. There was one person who tried very hard to do what was right for Victor and Nubia… the Guardian ad Litem, Paul Neumann, 50, a volunteer GAL for 9 years. And now, he has been re-assigned as Victor’s GAL( as well as for the two other children.) He has been visiting Victor in the hospital.

Twins’ Guardian Back in Life of Survivor
[Sun Sentinel 2/24/11 by Mike Clary]

Update 9:  Hinting that Update 7’s Barahona’s backyard search has yielded some evidence, “[a]uthorities believe she [Nubia] had been stashed in a septic tank for weeks before her adoptive father dug up her corpse.”

Florida Deadly for Kids at Risk
[The Miami Herald 2/27/11 by Carol Marbin Miller]

Update 10: A small memorial service was held for Nubia at St. Paul Lutheran Church. It was organized in part by the PTA president of the elementary school that Nubia attended. “Speaking to reporters after the service, Muniz expressed disappointment in the administrators of Blue Lakes Elementary, where the Barahona children, she said, “fell through the cracks.” She indicated that teachers had been told not to attend the service.”[emphasis Rally]

A mother of Nubia’s classmate said, ““She would ask my daughter for food. She would ask the teachers for food,” Mendez-Balladares said. “There was only so much we could do because she’s a minor. We did what we could do.”

[The Miami Herald 2/27/11 by Toluse Olorunnipa]
Update 11: A special DCF page has been established for this case: DCF Barahona Document Page.
Florida Adoption rules, laws and procedures are linked from there. The summary from last Friday’s Investigation Panel meeting is available from that page. Additionally, it states that there is a meeting today that began at 8AM. Other meetings are set for March 3, 2011, 8:00 a.m.,March 7, 2011, at 2:00 p.m. and March 10, 2011, 2:30 p.m.

This link takes you to the case files Barahona Case Release Documents that include multiple files on the licensing of the Barahona home; the transcript of the last Hotline call; the letters to Governor Crist; the documents from homestudy agency Our Kids of Miami-Dade Monroe, Inc; and protective investigation documents.

Update 12: It is explained that the reporter of the final hotline call was the speech therapist of the cousin of Alessandra/other grandchild of Barahonas. The cousin was being babysat after school each day.

Suspected Barahona Abuse Call Released
[WPTV 2/28/11 by The WPTV team]

Additionally, today’s hearing revealed that a former teacher of Nubia actually testified in the 2007 hearing that allowed the Barahonas to adopt the twins.

“A kindergarten teacher also testified that the girl, Nubia Docter, had wet her pants one day at school, which is common for children of that age.

When the teacher told Nubia she was going to call her then-foster mother, Carmen Barahona, Nubia became hysterical and begged her not to call, child welfare attorney Christey Lopez-Acevedo told a panel investigating the girl’s death Tuesday.

“Momma is going to hit me with a (flip flop) on the bottom of my feet,” Nubia said when asked why she didn’t want her mother called, according to Lopez-Acevedo, an attorney for the court-appointed guardian whose concerns prompted the 2007 hearing.”
Teacher Warned Judge of Girl’s Abuse Before Death
[SF Gate 3/1/11 by Kelli Kennedy/Associated Press]

Update 13: Another detail emerges about the possible site of Nubia’s death or where her body may have been placed after death: “While the panel was listening to speakers, police from both Miami-Dade County and West Palm Beach were, once again, looking for clues at the Barahonas’ West Miami-Dade home. They may have found one: Detectives left the house Tuesday morning carrying a bathtub.”
Panel hears chilling tales from Nubia’s short life

[The Miami Herald 3/1/11 by Diana Moskovtiz and Carol Marbin Miller]

Victor was released from the Jackson Memorial Hospital on Tuesday March 1st. He is at an undisclosed therapeutic foster home location and will have access to intensive counseling. His aunt and uncle in Texas still want to adopt him.

Florida Boy Doused with Chemicals Leaves Hospital

[The Miami Herald 3/2/11 by Associated Press]

Update 14:  A second chance for DCF to save Victor on the weekend before Valentine’s Day was revealed.

“DCF officials on Wednesday released a call made to their abuse hotline Feb. 12, just two days after a therapist called to report that a relative witnessed the girl and her twin brother being taped up by their arms and legs and placed in a bathtub at their southwest Miami-Dade County home. The most recent caller, who appears to know the Barahona family, talked about seeing Jorge Barahona and his adopted son on Valentine’s Day weekend. The caller said the boy had bruises on his face, and his twin sister wasn’t with them.”

Another Abuse Call Made Days Before Girl Found Dead In Truck
[WPBF.com 3/2/11]

Update 15: Some of the details of conversations with the child psychologist, Vanessa Archer, were discussed at the 3rd panel meeting on Thursday March 3, 2011. “The twins said they sometimes had thoughts of killing themselves.

Nubia also confided that she wished she had more friends. And that she was “sure that terrible things are going to happen to her.’’ Before Adoption, Nubia, Brother Told Psychologist of Morbid Fears
[The Miami Herald 3/3/11 by Carol Marbin Miller and Diana Moskovitz]

The second hotline call specifically mentioned that “Victor Barahona, had a split lip that needed stitches but was treated with a Band-Aid.”

“The hot-line counselor, identified as Brian, continually challenged the caller about why he thought Nubia was missing and why he was sure the children had been abused, The Miami Herald said the audio and a transcript indicated.

The counselor eventually said the agency would look into the matter, “but it won’t be today.” He said the agency would “go ahead and get someone in the next 24 hours or so,” the transcript indicated.”

Again, this article hints that”[s]he may have died weeks earlier and been buried in a septic tank behind the Barahonas’ house, authorities said.”
Agency Partly Blamed in Abuse Death
[UPI 3/3/11]

Update 16: “Earlier this morning, Miami-Dade Family Court Judge Maria Sampedro-Iglesia ruled that two transcripts related to a past dependency hearing for Victor and Nubia Barahona should be open to the public.”

Andrea Fleary, the DCF investigator concluded on February 10 “”there are no safety threats present at this time” and that the couple’s four children were not exposed to any hazardous conditions, according to more records released this morning.

A second investigator did visit the Barahona house on Sunday February 13 after the 2nd call. This article states that “neither Jorge or Carmen could tell him where Nubia was located.”
More Documents Show How State Investigators Missed Alleged Abuse, Neglect of Barahona Twins
[The Palm Beach Post 3/7/11 by Ana M. Valdes]

Update 17: Late Monday March 7 update
“Ten-year old Nubia and her twin brother Victor were made to stand in the bathtub, bound with tape, for hours at a time.”

“The warrant also states Victor who was treated for a cleft palate when he was born failed to receive the proper care when his scar opened.

“He has not received the necessary medical attention causing further facial injury and disfigurement,” the warrant states.”

“Sources told CBS4 I-Team investigator Jim DeFede that the autopsy found Nubia died from “blunt force trauma” and that her chest was caved in. “It was as if someone had stomped on her,” according to the source.”

MDPD Top Cop Calls Barahona Case ‘Sickening’
[CBS Miami 3/7/11]

Update 18: March 9. Victor and Nubia’s uncle and aunt from Texas flew to Florida to convince the judge to give them custody of Victor.
Adopted Barahona’s Blood Relatives Appear at Hearing
[WSVN 3/9/11]

Follow updates on DCF internal investigation here
REFORM Talk’s DCF Internal Investigation Post

Update 19: “A Miami lawmaker announced legislation Friday to redesign child protection investigations in light of the death of 10-year-old Nubia Barahona who was doused with chemicals and left to decompose on the side of the road.

Rep. Jose Felix Diaz, R-Miami, said in a press release Friday that he planned to file legislation, with the support of the Department of Children and Families, that would create new training requirements for child protective investigators, revamp the investigations and create a new centralized data management system. It would also increase penalties for anyone who harms a child welfare investigator during the course of an abuse investigation. ”

Miami lawmaker to file bill named for Nubia Barahona
[Sun Sentinel 10/21/11 by Kathleen Haughney]

“Nubia, 10, acted like a “little mom,” frequently stopping by to check on her twin brother, Victor, first-grade teacher Emily Rodriguez noted in hundreds of documents that Miami-Dade prosecutors released on Thursday. The documents included statements from teachers and school staffers who were concerned about the gregarious girl hoarding food and arriving at school smelly and unkempt, before her death this past February, allegedly at the hands of the foster parents who became her adoptive parents.
Her physical condition deteriorated by the day.

“I think she smelled like pee-pee a lot of the times. And, like her hair was always messy,” Rodriguez told prosecutors.

Another teacher, Viviana Rodriguez, recalled Nubia with applesauce in her unwashed hair for days.

“And she would hoard food from the cafeteria,” she said. “When there was like carrots in a little container or anything that she could bring that was sealed into the classroom, she would. Like extra milk, she would, you know, stick it in her book bag.”

An alarmed school counselor, Karole Peña, met with Nubia often. The little girl shared a haunting dream:

“It was a combination of things from 9-11, where she says the buildings are on fire, and then in the dream, her father is shooting people, and he shoots her and she wakes up,” Peña told prosecutors.”

“Three times, between 2006 and 2010, employees at Blue Lakes Elementary employees called the state’s child-abuse hotline with their concerns about Nubia’s health and behavior. The Barahonas, months before the murder, pulled the twins out of the school.”

“The documents released Thursday show teachers and staff repeatedly expressed their concerns to Carmen Barahona, who appeared hostile and defensive to their suggestions. She explained that the girl’s hunger and hair loss stemmed from an endocrine disorder. Prosecutors note in one statement that Carmen Barahona’s explanation was a “misrepresentation.”

Peña, the school counselor, asked Nubia about her constant hunger.

“She said that she was. But she couldn’t eat a lot because her mother told her she couldn’t get fat because that’s what the doctor said,” Peña told a police detective.

Afterward, Peña began bringing Nubia milk and fruit nearly every day. ”

Barahona case: Teachers tell disturbing tale of Nubia’s school days
[Sun Sentinel 11/18/11 by David Ovalle]

Also Records Sealed and Judge Tossed on March 2, 2011

REFORM Puzzle Piece

Homestudy2

One Comment

  1. If this case doesn't scream out for child welfare reform in Florida I don't know what does.

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