Florida Department of Family & Children Announce Internal and External Investigations into Acid Abuse Case UPDATED

REFORM Talk has been following this How Could You? Story at REFORM TALK Case Details Post . We have gathered the details from multiple sources and will continue to update the details in that post.

This entire case handling is appalling and those in the child welfare system as well as the parents and other people who had knowledge of this deserve the harshest punishment. Multiple people with DCF deserve to be fired and never work with children again. What more has to happen for America to wake up and see how disgustingly broken that the Child “Protection” System is? From poor screening of potential parents to not emphasizing kinship care enough to lax postplacement observations and utter negligence in followup and investigating abuse claims!

This article also has an 8-minute embedded video of the excerpts of the actual custody hearing from Wednesday. Please watch it. It will be more than obvious how broken the system is when you see the CPS worker, Andrea Fleary, tell the judge that she is not allowed to investigate on the weekend. The attorney representing the “mother” has the audacity to ask that the remaining 2 children be placed with a family friend. The judge vehemently denies that request.

Another sad detail about Victor is discussed. He is no longer urinating, indicating that the acid may be nephrotoxic (causing the kidneys to not function). This child needs your prayers.

Father Pleads Not Guilty to Attempted Murder of Adopted Son
[Sun Sentinel 2/17/11 by Alexia Campbell and Wayne K. Roustan, Sun Sentinel]

Update: DCF feels it is too soon to say that there was a systemic failure.

“Sheldon, replaced by David Wilkins as DCF secretary last month, and former DCF head Bob Butterworth told me it was too soon to say if there was a systemic failure. But both said they were dismayed by the unfolding saga.

Butterworth said he was “appalled” by DCF child-protective investigator Andrea Fleary’s “dumb comment” to a Miami-Dade judge that she wasn’t allowed do investigations on weekends.”

Could Twins’ Gruesome Tragedy Have Been Prevented?
[The Sun Sentinel 2/19/11 by Michael Mayo]

Here are the 4 CPS calls derived from 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.”

After the June 2010 incident, Nubia and Victor were pulled from school to be homeschooled. The Daily Beast recounts that it was 2007 when the volunteer Guardian ad Litem, Paul Neumann, ” raised strong reservations to the court about the Barahona’s suitability as caregivers.

Yet the couple lashed back in a series of letters to Governor Crist and to adoption officials in 2007, alleging that they were being “falsely accused” by Neumann, whom they accused of “arrogance and smart remarks.” They insisted, “We love our children very much and we will do whatever we need to do for them.”

Sonia Ferrer, executive director of the guardian ad litem program, explains: “We were very concerned about the placement, so concerned we had our attorney file for an evidentiary hearing at which we brought in witnesses, provided testimony, filed numerous reports with the court. We were saying, ‘The court really needs to look at what’s happening to this family.’”

“Despite our concerns, the court moved forward with the adoption…It’s so frustrating,” she says, adding that Neumann is “just devastated” at news of Nubia’s death and Victor’s fight for survival.”

How pathetic to claim that this was not a systemic failure on CPS’ part!

Jorge Barahona Accused of Horrific Child Abuse in Florida

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

Victor and Nubia’s House of Horrors

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

Update 2: An independent panel will investigate the circumstances around this case. It will “run concurrent with criminal probes of the couple by police in West Palm Beach and Miami-Dade County.  DCF is also conducting a review.”

The review panel includes ” David Lawrence, former Miami Herald publisher and children’s advocate; former U.S. Attorney Roberto Martinez, and Jim Sewell, former assistant commissioner of the Florida Department of Law Enforcement.” They will hold public hearings, ” the first scheduled for 2 p.m. Friday at DCF’s Southern Regional Headquarters, 401 NW 2nd Ave., Miami.”

Andrea Fleary, the caseworker who failed to followup on the weekend before Nubia and Victor were found in the truck, has been put on paid administrative leave.

Independent Panel to Review Barahona Case
[Sun Sentinel 2/21/11 by Mike Clary]

Update 3: REFORM Talk has reduced the 153-page PDF of DCF files on Nubia to a 15-page chronological summary of events.
15 Page Summary of Nubia’s DCF Documents

Update 4: The Miami Herald is suing for access to the abuse hotline call placed days before discovering Jorge and Victor in the truck on I-95.

Herald Sues DCF For Records
[The Miami Herald 2/24/11 by Diana Moskovitz]

A look into DCF employee Andrea “My supervisor doesn’t allow me to work on the weekend ” Fleary’s records revealed the following:

“According to the reports, Fleary was given a final counseling notice last year for failing to find a home for a child removed from the biological family by the 24-hour deadline established by DCF. The investigator wrote that Fleary’s “neglect placed this child at risk of additional harm. Even more disturbing, you failed to document notification with the child protection team.”

Leary refused to sign the notice and another notice from 2003.

In 2003, it took Fleary 11 days to interview the person who reported the abuse of six children, records state. She “failed to shelter a child despite knowing the child continued residing with the mother” against court orders, the reports stated. She also “permitted the children to visit with their maternal grandmother without proper authorization.”

In 1992, Fleary was also given a written reprimand for punching a colleague in the face, the reports revealed.

Fleary is now on paid administrative leave.”

DCF Reports Barahona Investigator Mishandled Other Cases
[WPBFNews 2/24/11]

Update 5:  DCF NEVER contacted Law Enforcement after receiving the last abuse allegation. DCF initially claimed that they HAD contacted Law Enforcement ; now they say that they were “mistaken”.

In 2005, the aunt and uncle who fought for custody had flown to Florida to plead with the judge and wrote  “dozens of letters seeking custody of the children. The couple were approved by Florida to “obtain legal custody of the children” and both sides were told to emotionally prepare the children for a move to Texas, according to a letter the couple wrote the judge in 2005.”

Florida Agency Didn’t Tell Police Alleged Abuse
[The Associated Press 2/25/11]

Results of the first hearing: Now Law Enforcement will be called if a child is in imminent danger. Amazingly, that was NOT previously a procedure!

Panel Reviews Florida Girl’s Death
[The Washington Post 2/25/11 by Kelli Kennedy/Associated Press]

Update 6: Research into DCF’s poor records of child deaths in foster care shows the following: “In the wake of a controversial decision by child welfare administrators to halve the number of children taken into state care — while, at the same time, reducing the number of children receiving protective services with their birth families — the number of deceased children with a child protection investigative history almost doubled, from 35 in 2001 to 69 in 2009. No statistics are available for 2010.”

A comparison of Florida’s statistics to other states shows that “[o]ver the past six years, 41 percent of all children who died of abuse or neglect in Florida had been the subject of at least one prior contact with child protection authorities, the state Department of Health reports. The average for all other states: about 12 percent.”

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

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 8:  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 9: DCF secretary speaks to the media.

“David Wilkins, the Department of Children & Families’ newly appointed secretary, told reporters Wednesday morning the agency is moving quickly to correct agency missteps that might have contributed to the death of Nubia Barahona, and the severe injury of her twin brother, Victor. Some lapses, Wilkins said, will require greater study and already are being investigated by a review panel Wilkins appointed last month.

Among the early reforms: Administrators in Miami now are sending electronic copies of all child abuse and neglect reports that suggest criminal wrongdoing immediately to local law enforcement agencies, said both Wilkins and Jacqui Colyer, the agency’s top Miami administrator. Before Nubia’s death, the department sent such referrals to police in weekly “batches,’’ Colyer said.”

Addressing his employees he said ““Despite opportunistic criticism, I have full faith in your work.”

For David Wilkins pathetic comments, he receives Rally’s Stamp of Disapproval

[The Miami Herald 3/2/11 by Carol Marbin Miller]

Update 10 :  Records Sealed and Judge Tossed on March 2, 2011

Update 11:  The Judge allowed the release of  documents recounting the last DCF investigation hours before Jorge was charged with murder on Monday and Carmen was charged  on Sunday. The documents are at the  DCF Barahona Document Page : Chronological Notes and Intake Report .

Additionally, the panel met again on Monday March 7, 2011.

“On Monday, panel member David Lawrence asked state Department of Children and Families officials whether the call to the abuse hotline that revealed Nubia and Victor were tied by their hands and feet and confined to a bathroom “all day and all night” wasn’t reason enough to send out an investigator immediately. The call required a response within 24 hours, according to DCF.

“Doesn’t that rise to the level that you better damned get out there?” Lawrence said. “That should have been an immediate report.”

The downplaying and spin to protect the public and private entities was clearly on display.

Reaction by the program administrator of Fleary after recounting that”DCF records show Fleary knocked on the door of the family’s western Miami-Dade County home that evening, but when no one answered, she left. She returned Feb. 11, and although she did not see the children, Fleary completed a report and said the children were safe with the Barahonas.”: “That was completed incorrectly,” said Lauren Fuentes, Family Safety Program Administrator at DCF.

The private entity partially responsible for approving the adoption: “Delores Dunn, who heads the Center for Family and Child Enrichment, said she did not know what information was available to her agency’s case managers, but said she did not think there was anything her organization could have done to prevent Nubia’s death. The center last dealt with Nubia in 2009, when Carmen and Jorge Barahona adopted her and Victor.
“I cannot say to you now that anything that we did could cause this child’s death,” said Dunn, who was accompanied by an attorney.”

DCF panel chastises child welfare officials missing signals about problems in Barahona home
[The Palm Beach Post 3/7/11 by Ana M. Valdes]

Update 12: Three DCF employees handed in their resignations on Tuesday March 8. Walter Cook headed the abuse hotline, the same one that flagged the February 10, 2011 Nubia abuse allegation call as not urgent enough to require immediate police involvement. The second and third were chief of staff Jason Dimitris and assistant secretary of programs, David Fairbanks.

Top Florida Child Welfare Officials Resign
[The Miami Hearld 3/8/11 by The Associated Press]

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