09-07-2006, 12:47 PM
A foster-care judge seeking help for 35 disabled foster children tells a state agency it lacks 'even one iota of caring or compassion for children.'
By CAROL MARBIN MILLER
Diagnosed with profound mental retardation, Andrew cannot speak, write, read or feed himself. In a few months, the foster child will turn 18 and be thrust into a world where he has no home, no family, no friends -- and apparently no safety net.
At a hearing before an angry juvenile court judge Wednesday, a lawyer for the Agency for Persons with Disabilities -- the state department created to care for people like Andrew -- would say only that Andrew is No. 249 on a waiting list of disabled foster kids who need help.
And the lawyer, Hilda Fluriach, has no idea when he'll get it.
''This is willful and unconscionable refusal to even reply to the most basic questions, and a failure to demonstrate even one iota of caring or compassion for children,'' Miami-Dade Circuit Judge Cindy Lederman said after Fluriach could offer no information about 35 disabled foster children who have been languishing, some for years, on a waiting list for state services.
Under a federal program, the state receives hundreds of millions in Medicaid dollars to pay for services designed to allow disabled children and adults to live in their own homes or community settings and avoid living in more costly institutions.
Wednesday's hearing was the most recent in a line of skirmishes between foster-care judges and the APD, which maintains it has only enough money in the next budget year to help existing clients of the state and about 500 additional people deemed to be ``in crisis.''
At the end of an hourlong hearing, Lederman signed an order requiring APD officials to appear in court in November to answer questions or be held in contempt of court.
`DEPRESSED'
Lederman had scheduled hearings for all 35 children, but after getting no answers for the first six or seven, she canceled the rest. ''I'm getting more depressed by the moment,'' the judge said. ``I think everybody is. This is a waste of everybody's time, and an embarrassment for the Agency for Persons with Disabilities.''
Lederman appointed Charles Auslander, a former Department of Children & Families district head who now is chief operations officer for The Children's Trust, to represent the 35 Miami children at the hearing in November.
Fluriach said children in state care have priority over almost everybody else on the state's waiting list for disability services, which contains between 14,000 and 16,000 names. But state law requires APD to serve people who are in ''crisis'' first, and only about 500 additional people this budget year will get help.
''We do not know when these children will receive services,'' Fluriach told the judge.
On Lederman's docket Wednesday was Mariel, a 7-year-old girl with autism so severe that the girl bites other children and eats her feces. Mariel was ruled eligible for taxpayer-funded services in 2002, but has been waiting for help ever since. She is No. 110 on the waiting list.
Mariel's caseworker at Neighbor to Family, a private child-welfare agency that has spent nearly $5,000 on services for the girl, said the agency is ready to end its supervision of Mariel's mom, who developed a drug problem trying to cope with Mariel's disabilities. But officials are afraid that will leave the family with no resources.
`ENORMOUS HURDLES'
''There have been enormous hurdles we had to face just to meet basic needs and services,'' said Lucy Pineiro, Neighbor to Family's attorney. Mariel needs occupational therapy, after-school care, behavioral management and transportation to appointments, officials said.
Fighting tears, the little girl's mother said APD officials offered her a one-time, $2,500 payment for therapies for the youngster, but then never returned her calls when she tried to get the money.
''I don't know where else to go,'' the mother said. ``I go to their office. I call everybody. They tell me the same thing: You have to wait.''
''They never answer my phone calls,'' the mother said.
Looking at the girl's mother, Lederman said: ``I'm not going to give up. Please don't give up, either.''
No. 203 on the list, Lederman was told, is an 8-year-old named Michel whose mother relinquished custody of the boy to the state because his autism had become so severe that he was harming his sibling. He needs physical, occupational and speech therapy, as well as behavioral analysis to control his outbursts.
And Jesús, a ninth-grader with autism and mental retardation, is No. 28 on the list, officials said. His caregivers at a private foster-care agency have spent $100,000 -- money that was not in any budget -- to get therapy and services for the boy, who cannot eat or go to the bathroom without assistance.
GREATEST CONCERN
Lederman also asked questions about Stephany, a 10-year-old with spina bifida who is confined to a wheelchair and lives in a medical foster home. She's No. 210 on the list, though she is getting some help, such as tutoring, from her foster parents.
And Andrew, court officials said, needs behavior analysis and management, speech therapy, occupational therapy, physical therapy and intensive help to learn.
But foster-care officials said their greatest concern was that Andrew would end up homeless and in peril when he turns 18, with nowhere to go after that because he will age out of foster care.
''He is profoundly retarded,'' said Lederman, scowling, her chin resting on her hand. ``He can't take care of himself. He can't do anything.''
From miami.com
By CAROL MARBIN MILLER
Diagnosed with profound mental retardation, Andrew cannot speak, write, read or feed himself. In a few months, the foster child will turn 18 and be thrust into a world where he has no home, no family, no friends -- and apparently no safety net.
At a hearing before an angry juvenile court judge Wednesday, a lawyer for the Agency for Persons with Disabilities -- the state department created to care for people like Andrew -- would say only that Andrew is No. 249 on a waiting list of disabled foster kids who need help.
And the lawyer, Hilda Fluriach, has no idea when he'll get it.
''This is willful and unconscionable refusal to even reply to the most basic questions, and a failure to demonstrate even one iota of caring or compassion for children,'' Miami-Dade Circuit Judge Cindy Lederman said after Fluriach could offer no information about 35 disabled foster children who have been languishing, some for years, on a waiting list for state services.
Under a federal program, the state receives hundreds of millions in Medicaid dollars to pay for services designed to allow disabled children and adults to live in their own homes or community settings and avoid living in more costly institutions.
Wednesday's hearing was the most recent in a line of skirmishes between foster-care judges and the APD, which maintains it has only enough money in the next budget year to help existing clients of the state and about 500 additional people deemed to be ``in crisis.''
At the end of an hourlong hearing, Lederman signed an order requiring APD officials to appear in court in November to answer questions or be held in contempt of court.
`DEPRESSED'
Lederman had scheduled hearings for all 35 children, but after getting no answers for the first six or seven, she canceled the rest. ''I'm getting more depressed by the moment,'' the judge said. ``I think everybody is. This is a waste of everybody's time, and an embarrassment for the Agency for Persons with Disabilities.''
Lederman appointed Charles Auslander, a former Department of Children & Families district head who now is chief operations officer for The Children's Trust, to represent the 35 Miami children at the hearing in November.
Fluriach said children in state care have priority over almost everybody else on the state's waiting list for disability services, which contains between 14,000 and 16,000 names. But state law requires APD to serve people who are in ''crisis'' first, and only about 500 additional people this budget year will get help.
''We do not know when these children will receive services,'' Fluriach told the judge.
On Lederman's docket Wednesday was Mariel, a 7-year-old girl with autism so severe that the girl bites other children and eats her feces. Mariel was ruled eligible for taxpayer-funded services in 2002, but has been waiting for help ever since. She is No. 110 on the waiting list.
Mariel's caseworker at Neighbor to Family, a private child-welfare agency that has spent nearly $5,000 on services for the girl, said the agency is ready to end its supervision of Mariel's mom, who developed a drug problem trying to cope with Mariel's disabilities. But officials are afraid that will leave the family with no resources.
`ENORMOUS HURDLES'
''There have been enormous hurdles we had to face just to meet basic needs and services,'' said Lucy Pineiro, Neighbor to Family's attorney. Mariel needs occupational therapy, after-school care, behavioral management and transportation to appointments, officials said.
Fighting tears, the little girl's mother said APD officials offered her a one-time, $2,500 payment for therapies for the youngster, but then never returned her calls when she tried to get the money.
''I don't know where else to go,'' the mother said. ``I go to their office. I call everybody. They tell me the same thing: You have to wait.''
''They never answer my phone calls,'' the mother said.
Looking at the girl's mother, Lederman said: ``I'm not going to give up. Please don't give up, either.''
No. 203 on the list, Lederman was told, is an 8-year-old named Michel whose mother relinquished custody of the boy to the state because his autism had become so severe that he was harming his sibling. He needs physical, occupational and speech therapy, as well as behavioral analysis to control his outbursts.
And Jesús, a ninth-grader with autism and mental retardation, is No. 28 on the list, officials said. His caregivers at a private foster-care agency have spent $100,000 -- money that was not in any budget -- to get therapy and services for the boy, who cannot eat or go to the bathroom without assistance.
GREATEST CONCERN
Lederman also asked questions about Stephany, a 10-year-old with spina bifida who is confined to a wheelchair and lives in a medical foster home. She's No. 210 on the list, though she is getting some help, such as tutoring, from her foster parents.
And Andrew, court officials said, needs behavior analysis and management, speech therapy, occupational therapy, physical therapy and intensive help to learn.
But foster-care officials said their greatest concern was that Andrew would end up homeless and in peril when he turns 18, with nowhere to go after that because he will age out of foster care.
''He is profoundly retarded,'' said Lederman, scowling, her chin resting on her hand. ``He can't take care of himself. He can't do anything.''
From miami.com