UPDATE 2/26: (copied with permission directly from an email I received this morning)
There is a very strong chance the oldest (14 yo) may be
adopted by his aunt, consistent with his wishes. There is a strong desire that
the remaining four find placement together. Mediation is set for 3/3 and I have
been asked to attend mediation and present the intervention option to all
parties as an alternative to a trial and the State placing the children.
My goal is to have outlines of potential families that would
be interested in adopting the sibling group. No commitment to adopt will be
expected until full and complete disclosure of all issues. There is a chance
state subsidies would be available in Florida and possibly other states but
that is not a certainty.
If you know of anyone who may be in a position to adopt this
sibling group, please have them contact me for more information.
Mark R. Miller, Esquire
Ford, Miller & Wainer, P.A.
4028 Blanding Boulevard
Jacksonville, Florida 32210
Landline: 904-390-1970
Cell/text: 904-477-6677
Fax: 904-354-9922
Email/service: miller@fordmiller.com
J Boy – 14 yo
Current Placement: Florida Sheriff’s Youth Ranch
·
Very intelligent, “good kid all around”
·
High academic performance – college prep classes
·
Was thriving at school and home at his prior
placement with aunt and uncle
·
Wants to return to his prior placement with aunt
·
No behavioral issues but may develop some if he
continues to be unhappy
Potential future needs: Counseling
B Girl – 12 yo
Current Placement: Florida Sheriff’s Youth Ranch
·
Trauma therapy prior to move to Youth Ranch
·
Establishing with a new therapist at Youth Ranch
·
2015 Baker Act
·
Prior findings of being victim of sexual abuse
·
No history of acting out sexually
·
Some anxiety issues
Potential future needs:
·
Counseling
·
Routine dental care/intervention
K Girl – 5yo
Current placement – foster care home
·
Kindergarten
·
Some acting out – recent referral for counseling
Potential future needs:
·
Counseling
·
Routine dental care/intervention
·
Medical exam for possible skin condition
A Girl – 11 yo
Current Placement: Therapeutic foster home
·
Recent diagnosis of Type 1 Diabetes – daily
insulin injections
·
Attachment/bonding issues
·
She does not get along well with others
·
Temper tantrums, especially when things do not
go as she wants
·
2016 Baker Act
·
Prior findings of being victim of sexual abuse
·
No history of sexually acting out
·
Academic performance is very low; low reading
ability
Potential future needs:
·
Counseling
·
Psycho-educational evaluation to determine
appropriate educational needs/services
·
Monitoring of diabetes treatment
·
Psychiatric care for depression/behavioral
issues
·
2016 Psychological report: “This is a long term
difficult situation that will take a lot of
·
patience.”
·
Routine dental care/intervention
·
Academic support – tutoring, etc.
D Boy – 4yo
Current Placement: Foster care home
·
Notable speech delays
·
Temper tantrums, confrontational, aggressive
·
Acts much younger than his age, like a two year
old
·
Requires constant direction throughout the day –
needs constant attention
·
Fears animals
·
2015 ENT procedure
Potential future needs:
·
Counseling
·
Occupational therapy
·
Speech therapy
·
Neurology evaluation to rule out seizures
·
Routine dental care/intervention
·
Academic support
·
Medical exam for possible skin condition
*It should be noted that it is very likely each of the
children were exposed to drugs in utero and any future issues stemming from
this exposure may have yet to be revealed.
*The children have been in out-of-home care about two years
and have experienced multiple placements, with one child having been in moved
at least eight times.
Original Posting
I got an email this morning from one of the adoption lawyers I
follow, and he asked that this situation be shared so that the right
family can be found for these kids that will allow them to be together
again. I'm just going to copy and paste the email, as he has given
permission for public sharing. Just because the situation involves the
Florida foster care system does NOT mean that the adoptive parents need
to live in Florida. I don't have any involvement in this situation
whatsoever, so contact him directly with questions or interest. Also
feel free to share further!
Share with anyone in the adoption world. I am confident that the
right family is out there and these young children will get the home
and family they so richly deserve.
I have been asked to help find a family to adopt a sibling group of five brothers and sisters between the ages of 14 and 4
who are currently in the legal custody of the State of Florida and in
three different placements. If this goes forward as currently
contemplated, a permanent adoptive home for all five will be found and
placement made as quickly as possible, ideally within 2 - 3 months.
In Florida, this particular type of situation is called an
Intervention. This is where a adoption attorney or adoption agency, on
behalf of the prospective adoptive parents, petitions the Court to
intervene in the State case to "change" the placement from a State
placement to a private placement. As with anything, there are a number
of reasons that interventions are both favored and disfavored. Those who
support interventions cite the quickness of the process and the
benefits of a private adoption - the parents have a say in who adopts
and there can be, under the absolute right circumstances, some openness
going forward. Others say that interventions can ruin the chances of a
foster parent adopting the child that they have cared for for so long.
From a pragmatic position, there is also the downside that many of
the State benefits that go with a State adoption (free health care,
education, counseling, etc.) do not transfer with the private adoption.
Anyone interested in this situation below needs to do their research on
interventions and explore the pros and cons. In a subsequent post, I may
ask the followers of this facebook page to opine on the subject.
If you are interested in being considered to be placed with the
five children listed below for subsequent adoption AND have a home study
that provides (or can be modified in the next few days) for placement
of a sibling group of up to five children (ages 14 - 4), please email miller@fordmiller.com and the process will be outlined in more detail.
Unfortunately, at this stage it is difficult to estimate how much
the legal fees and costs would be. As stated below, one father's rights
have already been terminated, so that is not going to be an issue. The
mother and the father of the other children would have to agree to the
intervention. All parties have attorneys and the children and attorney
ad ltiems and guardian at litems on their behalf. Assuming no
complications, I estimate the legal fees and cost associated with the intervention and the adoption SHOULD fall between 7500 and 12,000. It may be more and it may be less.
Candidly, the term "assuming no complications" can be misleading.
It may give a false sense that there is a reasonable chance the fees
will land in the projected range. Unfortunately, when it comes to
adoptions and some interventions, complications can be more the rule
than the exception. For example, at this time, we are hearing that
everyone involved believes that the appropriate intervention placement
is in the best interests of the child. However, we have five children,
and three of them are teens or soon to be. We have relatives and others
involved in their lives that may not like the direction of the case. The
two parents may try to undo their consents. There are a lot of moving
parts, for sure. At this juncture, there is no indication that it won't
be a smooth process, but predicting the path of an adoption is not
unlike predicting the path of a hurricane. Probably a bad analogy but
the point is that the direction can change on a moment's notice.
I do not have any additional information on the children but am
actively seeking to get full reports. No one will be expected to go
forward on partial information.
To begin the process, please email miller@fordmiller.com with your questions about the process.
“Andi” – Sibling Group – Intervention – Jacksonville, Florida
Mother (“Andi”): 5’7 Caucasian. Born in 1984. A trial on the
State’s Petition to Terminate Parental Rights was set for February but
has now been delayed. Intervention is assumed to be a favored direction
by most, if not all, of the parties.
Two Children with Father No. 1 (“Murphy”) – Caucasian – Born 1982 –
no additional information at this time. His parental rights have
already been terminated.
1. “Joseph” is a 14 year old Caucasian teen age boy and will be 15
in April (born April 2001). He currently lives with his 11 year old
sister at their maternal aunt’s home. He and one of his younger sisters
were placed with his maternal aunt and uncle in October 2014. He has
stayed in that house since that time. The uncle has moved out due to
domestic violence issues with the aunt. Reports indicate he enjoys
living at his current home and is doing well at school. He likes to go
on hunting trips and enjoys being with his siblings. At this very
preliminary stage, there are no medical or mental health issues
indicated in the paperwork reviewed. It is important to note that the
paperwork reviewed is approximately 1% of what has been generated in the
last 14 months since he was “sheltered by the State of Florida. It is
believed he is approximately 5’8, with reddish brown hair with a slender
build, estimated weight 145. His ideal placement would be to stay at
this current placement. His current placement cannot accommodate a
sibling group of this size.
2. “Bryn” is a 12 year old Caucasian teen age girl who will turn 13
in August (born 8/2003). She lives with her brother. She and her older
brother were placed with her maternal aunt and uncle in October 2014.
Since her placement in October 2014, she moved 5 times before returning
to her current placement. The placements were made at the request of
herself (once), the caregiver (three times) and by the State (once) due
to abuse allegations at the prior placement to the current placement.
She now lives with her brother and her maternal aunt (see above
paragraph 1). It is reported that she has suffered sexual abuse and
struggles with peer relationships. It is reported that she has the need
for continued counseling for her history of abuse and behavior concerns.
At this very preliminary stage, there are no medical or mental health
issues indicated in the paperwork reviewed other than what is stated
herein. It is important to note that the paperwork reviewed is
approximately 1% of what has been generated in the last 14 months since
she was “sheltered by the State of Florida. It is believed she is
approximately 5’4, with brown hair with a slender build, estimated
weight 120. Her ideal placement would be to be adopted or go back with
her mother. Her current placement cannot accommodate a sibling group of
this size and returning to her mother’s care is not a legal option.
Three Children with Father No. 2 – Born in 1984. (“Datz, Sr.”)
Caucasian – 6’0. Slender and muscular build. Brown hair and brown eyes. A
trial on the State’s Petition to Terminate Parental Rights was set for
February but has now been delayed. Intervention is assumed to be a
favored direction by most, if not all, of the parties.
1. “Athena” is an 11 year old Caucasian teen age girl who will turn
12 in October (born 10/2004). She is currently is a residential mental
health facility. She was removed from her parent’s “care” in October
2014 and has had ten different placements. The changes in placements
were made at “in accordance with the case plan” (6 times), twice at the
care giver’s request and once due to a hospitalization. She has very
poor dental health and was the victim of sexual abuse. It is reported
that she is able to make good peer relationships. Changed schools
recently – poor academics. Not reading at her grade level. May need a
tutor. A recent placement with grandparents was ended due to allegations
of neglect and sexual abuse by a neighbor. She has also recently
changed schools due to poor academic performance. After recent foster
care placement, she was hospitalized due to Type-1 diabetes. Requires
daily shots. Was having daily tantrums. Was asked to moved. Suffers from
depression. She is reportedly doing well now and, if asked, would
prefer to live with her maternal aunt. However, placement with maternal
aunt is not an option due to the number of siblings in this group that
are to be placed together. It is believed she is approximately 5’4, with
brown hair with a slender build, estimated weight 120. . At this very
preliminary stage, there are no medical or mental health issues
indicated in the paperwork reviewed other than what is stated herein. It
is important to note that the paperwork reviewed is approximately 1% of
what has been generated in the last 14 months since she was “sheltered
by the State of Florida.
2. “Katie” is a 5 year old Caucasian girl who will turn six in
April (born April 2010). She is currently in a foster care placement.
She is in her 4th placement since October 2014, two moves were in
accordance with her case plan and two were at the request of the care
provider. There is some indication of allegation of an unknown nature
that led to one move. Very poor dental care (four teeth extracted due to
decay). She has light brown hair, slender build and average height. She
does well in day care and has appropriate relations with peers. She has
not expressed a specific desire for her future placement. At this very
preliminary stage, there are no medical or mental health issues
indicated in the paperwork reviewed other than what is stated herein. It
is important to note that the paperwork reviewed is approximately 1% of
what has been generated in the last 14 months since she was “sheltered
by the State of Florida.
3. “Datz, Jr.” is a four year old Caucasian boy who will turn 5 in
August (born August 2011). He is currently in a foster care placement.
He is in his 4th placement since October 2014, two moves were in
accordance with her case plan and two were at the request of the care
provider. There is a report of behavioral issues at a dentist’s office
and he has a history of pushing his peers. He has dark brown hair,
slender and average height. It appears he is not very verbal but does
interact well with his siblings. At this very preliminary stage, there
are no medical or mental health issues indicated in the paperwork
reviewed other than what is stated herein. It is important to note that
the paperwork reviewed is approximately 1% of what has been generated in
the last 14 months since he was “sheltered by the State of Florida.
MRM
1/29/16
1/29/16
Mark R. Miller, Esquire
Ford, Miller & Wainer, P.A.
4028 Blanding Boulevard
Jacksonville, Florida 32210
Landline: 904-390-1970
Cell/text: 904-477-6677
Fax: 904-354-9922
Email/service: miller@fordmiller.com
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