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Fed-up judge finds DCF in contempt of court in autism case



 
 
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Old June 28th 05, 04:39 PM
wexwimpy
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Default Fed-up judge finds DCF in contempt of court in autism case

Fed-up judge finds DCF in contempt of court in autism case

BY CAROL MARBIN MILLER



Calling child welfare workers' actions ''pitifully short of
acceptable,'' a Miami-Dade Circuit Court judge held the Florida
Department of Children and Families in contempt of court Monday for
failing to diagnose and treat an 8-year-old boy suspected of being
autistic.

Circuit Judge Ellen Sue Venzer, speaking softly though clearly livid,
ordered the department to obtain a ''proper evaluation'' of the child
within seven days. Venzer also ordered DCF to draft a ''comprehensive
plan'' for the evaluation and treatment of all autistic or emotionally
disabled children in state care.

If the plan is not submitted to the court within 45 days, Venzer said,
she would fine the department $7,000 plus $1,000 for every day the
plan is late.

''Separate and apart from the duty it owed to the court to comply with
the court's orders, the department owed an even higher duty to this
child,'' Venzer said, reading from an order. ``It is the department's
responsibility to ensure that once a child is removed, the child will
not be further harmed.''

The department's attorney, who was visibly shaken, told Venzer the
department took the boy to an autism specialist last week at Miami
Children's Hospital's Dan Marino Center in Weston, one of the most
respected autism centers in the state. The doctor who tested the boy
was not willing to talk to the judge without a signed waiver.

The attorney, Angelia Williams, acknowledged, that a psychiatric
examination also ordered by the judge had yet to be completed. The
evaluation is scheduled for Friday.

At prior hearings, department officials explained their tardiness in
evaluating the boy by saying a caseworker was unaware of the judge's
order, or could not schedule appointments because doctors had failed
to return telephone calls.

Venzer's order Monday -- which she said followed ''much deliberation
and much agonizing'' -- comes at a time of scrutiny of the state's
efforts on behalf of children and adults with disabilities.

'RATIONING' CITED

Earlier this month, a consultant hired by DCF reported that hundreds
of Miami children may have been left in harm's way as child welfare
administrators reduced the number of families receiving services from
the state.

Advocates claim the state is rationing care to abused or neglected
children in order to save money.

And on Saturday, The Herald reported that the state Agency for Persons
with Disabilities, or APD, acknowledged leaving perhaps $50 million
unspent from this year's budget while about 15,000 men, women and
children await services.

''No one benefits when $50 million in allocations for services to the
developmentally disabled remain unspent,'' said state Rep. Susan
Goldstein, R-Sunrise.

''Many of the services [not] provided with these available dollars
give family members and their afflicted loved ones the opportunity to
work and become productive citizens. The action of the ADP in choosing
not to utilize these funds does not seem to do anyone much good,'' she
said.

At Miami's juvenile courthouse, judges have expressed frustration in
recent weeks over difficulties in securing services for disabled
children.

''This court is not unmindful of the daunting caseload the department
and its caseworkers carry,'' Venzer said in court Monday.

But, she added, the department has a responsibility to do a better job
of caring for abused or neglected children than did the parents from
whom they were removed.

''Undoubtedly, had a parent acted in such a lackadaisical fashion in
procuring testing and treatment, the department would have, and should
have, moved for the removal of the child from the parents, citing
medical neglect,'' Venzer said.

Venzer had first ordered caseworkers to have the child evaluated Jan.
31, after a court-appointed guardian said he appeared to be either
autistic or emotionally disabled.

SEVEN-DAY ULTIMATUM

On March 15, Venzer repeated the order when department officials
acknowledged the evaluation still had not been done. She gave
officials seven days to complete the evaluation.

Then on May 11, at yet another hearing, Venzer ordered DCF officials
to explain why they should not be held in contempt of court for
failing to carry out the original order.

Last week, Williams, the department's attorney, acknowledged DCF did
not take the boy to the Dan Marino Center originally because the
testing would cost $3,000 -- which would not be covered by Medicaid,
the federal insurance program for the poor.

''At best,'' Venzer said, ``these excuses are without merit, and
simply highlight the inadequacy of the department's response [to court
orders], as well as its indifference to its obligation to this
child.''
http://www.miami.com/mld/miamiherald/12001414.htm

Common sense is the collection of prejudices acquired by age 18
 




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