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Howard Talenfeld

Howard Talenfeld

Co-Business Unit Leader/Partner

Howard@justiceforkids.com

Howard Talenfeld is a Co-Business Unit Leader/Partner in the firm’s Justice for Kids Division, Kelley Kronenberg’s growing national practice dedicated to providing legal services to abused, disabled and catastrophically injured children harmed at home, in child welfare and foster care settings, group home settings and residential treatment centers, as well as all children harmed by the acts of others.

He is one of America’s leading children’s rights, injury and child disability attorneys representing the needs of abused and neglected children, especially in cases of foster child abuse, child sexual abuse, child rape, sex trafficking and other harm and abuse of children in the child welfare system. His work has resulted in multimillion-dollar damage awards and has created systemic change in how government agencies and private institutions care for those vulnerable individuals. In 2018, he was recognized by The Florida Bar Foundation as the recipient of the Medal of Honor Award for a Lawyer. The Medal of Honor Award is the highest award given by The Florida Bar Foundation and recognizes individuals who have distinguished themselves through their exceptional achievements in improving the administration of justice in Florida.

Since the late 1980s, Howard has focused his practice exclusively on protecting the rights of vulnerable individuals in civil rights cases, personal injury cases and systemic reform litigation. He began his career working with at-risk children, fragile seniors and the developmentally disabled in the late 1980s when he represented the state of Florida in its major class-action lawsuits dealing with the foster care system, children’s mental health system, juvenile justice system, state psychiatric hospitals and the provision of Medicaid services to the developmentally disabled. He pioneered defending these cases by advocating for the improvement and reform of human service systems, while protecting states’ rights and avoiding federal over-sight. In Florida, he also represented governors, secretaries of state agencies, Florida’s Insurance Commissioner, the Florida Legislature and Florida’s Auditor General in civil rights cases in federal and state court.

In the 1990’s, when it was apparent that Florida’s leaders changed their political priorities about improving the state’s human service systems, Howard stopped representing the state and then joined the Board of the Youth Law Center one of our country’s most respected national advocacy groups. Howard’s knowledge and skill in defending and improving state systems to help Florida’s children, and his successes in trial courts, appellate courts and negotiations, formed the foundation of creative legal approaches that have delivered extraordinary results. He has similarly prevailed in the largest claims against the various types of child welfare entities in the state of Florida that injure children.

Howard has litigated scores of cases that have resulted in multi-million dollar settlements and jury verdicts as well as legislative appropriations that changed how government and private institutions care for children and the elderly. In 1998, he served as lead counsel in the Broward County foster care class action, Ward v. Kearney. The resulting settlement agreement greatly improved the child welfare practice and almost tripled the District 10 budget for its child welfare system.

In 1999, he achieved another major victory, this time for Florida’s developmentally disabled population in Baumstein v. Sunrise Community, Inc., 738 So. 2d 420, (Fla. 3DCA 1999). Howard negotiated a landmark $5 million settlement and focused the nation’s attention on the case in an episode of ABC’s 20/20. The case established the existence of a private cause of action for damages for the violation of Florida’s Bill of Rights for the developmentally disabled.

He also was the first attorney in Florida to utilize 42 USC § 1983, the federal civil rights damage statute, to recover a damage award in excess of Florida’s sovereign immunity limit of $100,000 on behalf of a foster child. In the 2002 case, Roe v. Florida Department of Children & Family Services, 176 F. Supp. 2d 1310 (S.D. Fla. 2001). Howard was also the lead counsel in H.A.L. v. Foltz, 551 F.3rd 1227 (11 Cir. 2008), the federal court precedent that establishes the right of children not to be sexually victimized. Among his wins, Howard prevailed against New York City and the Archdiocese of Brooklyn, which together paid more than $27 million in the case of Judith Leekin. The former foster mother ran what the courts called a “house of horrors” that imprisoned, abused and starved 10 disabled foster children. (insert Leekin article on settlement and links to all of the above cases)

Throughout his career, Howard has been a forceful advocate for change to improve human service systems. He has argued for systemic reform litigation before many state and national groups, including twice before the U.S. Congress, the National Association of State Mental Health Lawyers, the American Public Welfare Association and many Florida legislative committees. In 1996, he was appointed to the Board of Directors of the Youth Law Center, a national children’s advocacy group. In 2002, he was on the steering committee that advocated for the creation of the Children’s Services Council of Broward County (CSC), and in 2014, he co-chaired the political action committee that successfully advocated for its permanent reauthorization. The CSC funds more than $60 million dollars and almost 100 programs each year to protect Broward’s children.

In 2002, Howard founded Florida’s Children First, Inc. , and has served as Founding President to this day. This not-for-profit organization has become Florida’s most prominent advocacy organization for at-risk children in the state. The organization, comprised of current and former foster youth, seeks full representation of youth and meaningful and sustainable improvement in Florida’s child-serving systems using a range of strategies including public policy development, on-going training and technical assistance, and, where necessary, strategic litigation. Beyond that, this organization is home to Florida Youth SHINE, a statewide youth-driven, peer-led organization that empowers current and former foster youth to become advocates for all children in care. Comprised of 14 Chapters and 350 current and former foster youth, Florida Youth SHINE participates in public policy advocacy to improve child protection and foster care services on both a state and local level. In February 2020, Howard was Recognized By 2-1-1 Broward as Non-Profit Board Leader of the Year for his leadership of Florida’s Children First.

Howard has been equally as effective in the state capital where his advocacy dates back almost three decades. He was instrumental in the passage of such landmark legislation as the Foster Children Bill of Goals, Florida’s pilot project on the representation of foster children in Dependency Court. As president of Florida’s Children First, he helped write Florida’s interagency education bill for foster children, the law that required mandatory reporting of child-on-child sexual abuse and in 2014 he advocated for the passage of § 39.01305, Florida Statutes, (“Appointment of an Attorney for a Dependent Child with Certain Special Needs”). This law ensures children who are victims of sexual abuse, human trafficking, are on psychotropic medications, or have been committed to a residential treatment facility, have attorneys representing them in all legal or administrative proceedings.

Professionally, Howard has received numerous awards, including the Daily Business Reviews’ Professional Excellence Lifetime Achievement award in 2016, the University of Miami Law Alumni Association’s Alumni Achievement Award in 2016, Lifestyle Media Group’s “Leader in Law” in 2014, and the Daily Business Review’s “Most Effective Lawyer” in the Public Interest category in 2013. In 2018, Howard was the recipient of The Florida Bar Foundation’s Medal of Honor Award for a Lawyer. Additionally, he has been listed since 2017 as one of The Best Lawyers in America© in the fields of Civil Rights Law and Personal Injury Litigation – Plaintiff. Since 1986, he has been recognized by Martindale Hubbell as having their highest AV Preeminent® rating. Howard also received The Florida Bar President’s Award in 2010, the South Florida Business Journal’s Key Partners Award in 2012, and The Florida Bar President’s 2006 Pro Bono Service Award for the 17th Judicial Circuit in and for Broward County, Florida.

Howard received his Bachelor of Business Administration degree from University of Miami School of Business, and his Juris Doctor from the University of Miami School of Law, cum laude.

Practice Areas

  • Civil litigation
  • Personal injury
  • Civil rights
  • Children’s rights
  • Governmental Consulting
  • Appellate practice

Education

  • University of Miami, J.D. 1979, cum laude
  • University of Miami, B.S. 1974

Professional Associations and Memberships

  • Florida Bar Association, admitted 1980
  • Florida State and Appellate courts
  • United States Supreme Court
  • United States District Court of Appeals – 1st, 5th and 11th Circuits
  • United States District Court for the Southern, Middle and Northern Districts of Florida
  • National Association of Council for Children
  • Florida Bar Association Legal Needs of Children Committee – (Chair 2020-2021 and 2009-2010; Member 1999-2010)
  • Former Representative for the State of Florida to the National Association of State Mental Health Lawyers and the American Public Welfare Association

Civic and Community Involvement

  • Florida’s Children First President (2002 to present)
  • Broward Days, Chair Children Issues Team (2000 to 2015)
  • Citizens for Broward’s Children Steering Committee member (2000, 2014)
  • Former Florida’s Voice on Developmental Disabilities, Director (2002-2003), Member (2002-present)
  • Former Director with the Youth Law Center, San Francisco, CA (1996-2001)
  • Former Temple Kol Tikvah Board of Trustees member and Campaign Committee Chairs
  • Former Board member of Hurricane Relief for Miami Foster Kids, Inc.
  • Former Big Brother
  • Former sports team coach, including 20 youth baseball, softball and soccer teams

Special Recognition

  • AV Preeminent® Top Rated Lawyer by Martindale-Hubbell™ since 1986
  • Recipient of The Florida Bar Foundation 2018 Medal of Honor Award for a Lawyer
  • Listed in The Best Lawyers in America© in the field of Civil Rights Law (2017-2021); Personal Injury Litigation – Plaintiffs (2019-2021)
  • Named to the “Top Lawyers” list in the South Florida Legal Guide (2007-2021)
  • 211 Broward, Non-Profit Organization Board Leader of the Year Awards – Winner (2020)
  • Listed in Florida Trend’s Florida 500 (2018-2019)
  • The University of Miami Law Alumni Association, Alumni Achievement Award (2016)
  • The Heart Gallery of Broward County, Child Advocate of the Year (2016)
  • Daily Business Review, Professional Excellence Lifetime Achievement award (2016)
  • Lifestyle Media Group, Leaders in Law Winner for Personal Injury (2014)
  • Daily Business Review, Most Effective Lawyer recognition, Public Interest (2013)
  • South Florida Business Journal “Key Partners Awards” honoree (2012)
  • Daily Business Review, Most Effective Lawyer recognition, Pro Bono (2011)
  • Featured in Florida Super Lawyer Magazine Article “Fostering Hope” (2010)
  • Florida Bar Association “President’s Award of Merit” (2010)
  • Broward Days “Community Advocate Award” (2010)
  • Lawyers for Children America “Policy Advocate Award” (2010)
  • South Florida Business Journal’s Let’s Do Something Giant Award Recipient, Legal Category (2008)
  • President’s Pro Bono Service Award for the 17th Judicial Circuit (2006)
  • March of Dimes Award (2007)
  • Daily Business Review, Most Effective Lawyer recognition (2006)
  • Russell Carlisle Award from Legal Aid Service of Broward County 2004 for outstanding contributions to social justice in Broward County
  • Kathleen Wright Award for a professional who has improved the quality of life for children in Florida, Family Central (March 2002)
  • “Making a Difference” Award, Justice for Children and Families (April 27, 2002)
  • Blue Ribbon Hero Award for Guardian ad Litem Pro Bono Attorney (2001-2002)
  • Outstanding Citizen of the Year, Broward Committee for Prevention of Child Abuse (April 2000)
  • Florida Super Lawyers List (2006-2019)

Speaking Engagements & Presentations

  • Virtual presentation regarding Florida’s Children First to the Capital City Kiwanis Club in Tallahassee, 2021
  • “Children with Disabilities in Foster Care,” Presented to Broward County Guardian ad Litem office (2014).
  • “Disarming Opposing Experts and Leveraging Your Experts,” Florida Guardian ad Litem Disabilities Training Conference (May 22, 2014). Link to video presentation: http://centervideo.forest.usf.edu/galconf2014/additional/disarming.html
  • “Accessing Medicaid and Medicaid Waiver Services for Children with Disabilities in Foster Care,” Tracey McPharlin Dependency Initiative, Attorney Training, sponsored by the Broward County Bar Association and Legal Aid Service of Broward County. (June 20, 2014).
  • Presentation to Palm Beach County Guardian ad Litem Office, “The Federal Rights of Dependent Youth,” Palm Beach County, May 9, 2008
  • Florida’s Children First, “Improving Outcomes for Older Youth,” Fort Lauderdale, Florida, Feb. 14, 2008
  • Presentation on Children’s Mental Health Issues to Judge Steven Leifman, Special Advisor to the Florida Supreme Court, May 22, 2007
  • Presentation for Florida Coalition for Children on Avoiding Legal Risk Management within Case Management, November 4, 2004
  • Presentations for Florida’s Children First on the Hidden Federal Powers of the Florida Juvenile Dependency Court Judge in Jacksonville, Tampa, Fort Lauderdale & Naples, 2004
  • Testimony before the United States House of Representatives Subcommittee on Human Resources, Hearing on Child Protection Programs in Florida, December 14, 1998
  • Presentation before New York State (NYS) ARC, Inc., Presentation discussing issues relating to waiting lists for residential services for persons with mental retardation and developmental disabilities in Florida, Albany, New York, August 1, 1998
  • Annual Education Meeting of the Florida Conference of Circuit Judges With Florida’s Federal Trial Judges and the Judges of the Eleventh Circuit Court of Appeals, “The Hidden Powers of the Juvenile Court Judge to Protect the Rights of Children,” Jacksonville, Florida, November 30-December 3, 1997
  • Florida State Guardianship Association, Inc., 9th Annual Conference, “Abuse and Neglect–What Every Guardian Should Know,” Dania, Florida, September 20-21, 1996
  • National Association of State Mental Health Attorneys – 13th Annual Conference and Annual Conference of Interstate Compact Coordinators on Mental Health, “Institutional Reform Litigation and Mental Health: The Impact of Federal Supervision on Mental Health Systems through Section 1983 Litigation,” San Antonio, Texas, October 24-27, 1993
  • University of South Florida, Department of Law and Mental Health, The Florida Mental Health Institute, “Violence and its Challenge to the Juvenile Justice System: Implications for Advocacy Programs and Research – Advocacy Strategies: A Systems Approach,” Tampa, Florida, June 16, 1993
  • HRS District Legal Counsel Workshop, “Federal Court Update and Status of Section 1983 Liability,” Tallahassee, Florida , May 6-7, 1993
  • HRS District Legal Counsel Workshop, “Federal Court Update and Status of Section 1983 Liability,” Wakulla Springs, Florida, October 29-30,1992
  • National Association of State Mental Health Attorneys – 12th Annual Conference and Annual Conference of Interstate Compact Coordinators on Mental Health, “Defenses Unique to State Entities and Officials in State and Federal Courts and Class Action Suits,” Portland, Oregon, September 19-23, 1992
  • Testimony before the United States Senate Finance Subcommittee on Social Security and Family Policy, Impact of the Suter Amendment, Washington, D.C., September 17, 1992
  • Florida Council for Community Mental Health – 1992 Annual Conference, “In Stride with Change – Shaping the Future: Court Mandates and ADM’s Service Delivery System,” Daytona Beach, Florida, September 16, 1992
  • Fourth Annual ACLU of Florida Lawyers Conference, Presentation on Children’s Rights and Parent’s Rights, Key West, Florida, August 21-22, 1992
  • University of Miami Law School – Mental Health Law, Presentation on the Defendants’ View of Mental Health Litigation, Miami, Florida, March 3, 1992
  • National Association of State Mental Health Attorneys, Presentation of Section 1983, “Strategies for Defending Class Action Claims for Injunctive Relief,” Orlando, Florida, October 15, 1991
  • American Association of Public Welfare, Presentation regarding Florida’s experience in defending child welfare litigation at the state and local level, Washington, D.C., July 23, 1991
  • The Center for the Study of Youth Policy, Nova University, Shepard Broad Law Center, Presentation on The Broward Detention Initiative, its impact on detention practices, population and the Juvenile Justice Reform Act of 1990 symposium, Fort Lauderdale, Florida, June 27, 1991
  • HRS District Legal Counsel Seminar, Presentation to all District Legal Counsel on utilization of Extraordinary Writs, Tallahassee, Florida, May 23, 1991
  • National Association of State Mental Health Program Directors, Zinermon v. Burch Presentation, Kansas City, Missouri, November 1990

Television Appearances

Howard Talenfeld has been a frequent and vocal voice for foster children, and physically abused, sexually abused and developmentally disabled children. Among his television appearances have been:

Howard Talenfeld on 20/20 (2002)

Howard Talenfeld on Good Morning America (2002)

Howard Talenfeld Comments on 60-Day DCF Investigation Limit WTVJ NBC (2014)

Howard Talenfeld Comments on Homestead Toddler Death DCF Investigation (NBC 6 – 2013)

Howard Talenfeld: Florida DCF Interim Director Should Stay On (WPLG – 2013)

Howard Talenfeld Discusses Failure of Florida Child Protective System (NBC 6 – 2013)

Howard Talenfeld Comments on Child Death Investigation (WFOR CBS Miami – 2013)

Howard Talenfeld: Outside Commission Should Examine Florida ChildNet (WFOR CBS Miami – 2013)

 

Cites Served by the Children Injury Law Firm of Kelley Kronenberg:

Chicago Child Abuse Law Firm

New York Child Abuse Law Firm

New Orleans Child Abuse Law Firm

Atlanta Child Abuse Law Firm

South Fl Child Abuse Law Firm

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