Legal Aid Society of Palm Beach County Newsletter Winter 2007

Grandparents Receive Gift of LifeRelative Care Givers Project secures who needed to be placed in the legal custody of their maternal grandpar-family after mother’s tragic death. ents. A judge granted the shelter peti- tion and Ty’Ron went home with hisL osing a child is one of the to step in, deciding that since the grandparents that same day. most heart-wrenching expe- grandparents were willing take the riences a parent can endure. baby home, there was no emergency But Duncan’s assistance did not endBut losing a daughter and the and therefore no need for the DCF to there. Seeking to provide a permanenthope of raising her newborn son get involved. home for Ty’Ron and Talecia, whosewas unbearable for Cynthia and father’s identities were unknown,James Been. In her grief and dis- Legal Aid attorney Melissa Duncan she prepared an order to terminatetress Cynthia sought assistance tried to reason with the hospital’s attor- paternal rights so that the childrenfrom Legal Aid’s Relative CareGivers Project and attorneyMelissa Duncan after a local hos-pital refused to release Ty’Ron,the Been’s tiny grandson and spe-cial link to their deceased daugh-ter, Porscha.Three months earlier Porscha was Pictured from left: Attorney Melissa Duncan, Ty’Ron and Cynthia Beenrushed to the hospital unconscious.Cynthia recalls the doctors telling herthat her daughter was brain dead andpregnant. Just hours later Ty’Ron wasborn premature and weighing 1.13 lbs.His mother had suffered a rupturedbrain aneurysm and was taken off lifesupport only after her organs hadbeen donated, a decision she’d madewhile healthy.Ty’Ron required hospital care for the ney who still insisted on a court order. could be adopted by the Beens. After anext three months, but when he was Duncan then filed a shelter petition, diligent but futile search for the fathersmedically ready to go home, the hos- naming both Ty’Ron and his three- that included notice by publication, thepital refused to release the baby into year-old sister Talecia, who was already court determined that it was in the besthis grandparent’s care without legal living with the Beens and Porscha’s interest of the children to terminatecustody papers. The Department of younger sister, Raven, as children who paternal rights. Last summer, the courtChildren and Families (DCF) refused required the protection of DCF and process finally [Cont. on pg. 3]The Relative Care Givers ProjectIn Palm Beach County, more than 30,000 grandparents and other extended pg. 3family members provide care for children who have been put in danger,orphaned or abandoned by their parents. Statewide, 7% of children live in a After School’s in Session withgrandparent-headed household. It is estimated that nearly half of these relative help from Disaster Projectcaregivers live in poverty. Legal Aid’s Relative Care Givers Project offers fami-ly members free legal services to obtain custody of their relative's children andprovide them with a safe and loving home environment.The Relative Care Givers Project is funded by Area Agency on Aging ofPalm Beach/Treasure Coast, Families First of Palm Beach County, andTown of Palm Beach United Way.

Gary A. Woodfield, Esq. Letter from the President and Executive DirectorBoard President Time–We Get ItRobert A BertischExecutive Director Dear Friends and Supporters, When Time magazine named their 2006 Person of the Year ‘You’, some people laughed. They saw their reflection on the cover and thought Time had missed the mark. But we got it! That’s because the concept of the significant You in our ‘nonprofit world’ is nothing new. Though we are responsible for the day-to-day functions and annual challenges that Legal Aid faces, there’s no doubt that You deserve the credit for our success, in fact our existence. Every client served, each attorney and support person on staff, our 16 projects, and hundreds of hours of community educa- tion and outreach every year begins with You. You may volunteer to help represent our clients, collaborate with our attorneys, or serve on a committee. Some of you help fund our programs directly. You give to our Campaign for Equal Justice, the Pro Bono Recognition Evening & Auction, our Cup of Justice Golf Classic–or all three. Many of you are there for our events, making them uniquely more enjoyable for it. Whatever your involvement, You are receiving this newsletter for one reason: we know You are important to Legal Aid. As you read on in the following pages, or anytime you hear or read about the significant work we’re doing, we hope you see yourself in all of it. If you support our mission and feel you should and can get more connected, please do! Time said their ‘You’ story was about “community and collaboration on a scale never seen before.” That’s what we’re looking for! A new and renewed spirit of commitment from You to stay or become involved with Legal Aid, to give of your time and money whenever it’s possible and as generously as You can. It’s the best way we can ensure that justice stands a fighting chance in Palm Beach County. Legal Aid Welcomes New Board Member Nancy LaVista joined the Legal Aid Board of Directors in May 2006. Nancy is a Florida Bar Board Certified Civil Trial lawyer at Lytal, Reiter, Clark, Fountain & Williams in West Palm Beach who specializes in medical malpractice and health related claims including medical product liability. After receiving her Bachelor of Science degree in Nursing from the University of Michigan, Nancy relocated to Florida where she prac- ticed critical care nursing. In 1987 she entered the University of Miami School of Law graduating Cum Laude in 1990. She has lectured on such issues as collateral sources and brain injury for the Academy of Florida Trial Lawyers and is a member of the Million Dollar Advocates Forum, the Association of Trial Lawyers of America, Florida Association for Women Lawyers, and the American Association of Critical Care Nurses. Nancy is admitted to practice in the Florida State Courts, as well as the U. S. Supreme Court, the Eleventh Circuit Court of Appeals and the U.S. District Courts for the Southern and Middle Districts of Florida. This newsletter is published by the Legal Aid Society of Palm Beach County, Inc. at 423 Fern Street Suite 200, West Palm Beach FL 33401. TEL (561) 655-8944. No part of this publication may be reproduced in any form without the express consent of the Legal Aid Society of Palm Beach County, Inc. Copyright 2007, all rights reserved.2 www.legalaidpbc.com

Osborne Community Center– Legal Aid Society’s Non-Profit for and resume operation following a Disaster Assistance Project was disaster, thereby ensuring continued Home to ‘For The Children’, formed with funding from the service to our community’s most vul- Children’s Services Council, the nerable people”, said Foley. Condemned. Community Foundation for Palm Beach and Martin Counties, the Lost The Project attorneys’ expertise andHurricane Issues Put Palm Tree Village Charitable Foundation, project model may soon help otherBeach County’s Non-profit the Quantum Foundation, the Sun- storm regions. An offer was extendedCommunity at Risk Sentinel Children’s Fund, a fund of to assist several agencies in Alabama, the McCormick Tribune Foundation, Louisiana and Mississippi who areLegal Aid Society and community funders establish and the United Way of Palm Beach struggling with the same insurance County. and legal issues Palm Beach County’sDisaster Assistance Project in response. non-profits faced and successfully Since the project began in November conquered.When Hurricane Wilma whipped It was clear to the Children’s Services 2005, attorneys John Foley, Vicki Tucci and Lesleigh Varner have helped Raven, Cynthia, Ty’Ron,through South Florida in the Fall of Council of Palm Beach County (CSC) 35 agencies recover more than $2.75 Talecia Been (from left) million in damage claims and FEMA2005, it damaged more than just resi- that the these agencies needed help reimbursements that had previously Gift of Life been denied. “Most of our agencydential property. fast. Already a funding clients had no idea they could dispute [Cont. from pg. 1] came to a success- property insurance and FEMA claim ful end as Cynthia and James BeenSeveral non-profit partner with Legal denials”, said Foley. “They also needed legally adopted Ty’Ron and Talecia. help understanding wage and hour Their home is a bit more crowded,agencies were effected “Most of our agency Aid’s Non-Profit Legal and payroll laws when their staff was- and they miss Porscha terribly, but clients had no idea they Assistance Project, n’t able to work or had to work unusu- her precious children are beingso severely that they could dispute property CSC thought it would al hours, and they had questions about raised together by their close fami- insurance and FEMA be a valuable exten- other critical matters that are not a ly– including helpful aunts, uncleswere unable to main- claim denials.” sion to offer agencies concern until you’re in a crisis.” and great grandparents. the legal help theytain important com- A key component of the project is “The Beens are a wonderful family, education, which includes an annual and have taken extraordinary stepsmunity services. Disaster Preparedness Workshop. The to create a permanent, safe, and lov- 2006 workshop, open free to all non- ing home for their grandchildren”,Instead they found profits in Palm Beach County, featured says Duncan. “This case is a great of experts, both local and national, from example of legal services at its best,themselves working needed with insurance FEMA, Palm Beach County providing swift access to court Emergency Operations, the Florida resources and justice for children.”desperately just to get and FEMA applica- Public Assistance Program, the Red Cross, the 211 Helpline, CBIZback in their buildings and get their tions and appeals, human resource and Insurance & Services, Legal Aid’s Disaster Preparedness Project, andstaff back to work, while simultane- facility issues, both after a storm and WPTV NewsChannel 5's Chief Meteorologist, Steve Weagle. “Theously navigating complicated insur- to prepare for any future disasters. valuable information these experts provided will enable Palm Beachance policies, claim forms and payroll. Within weeks after Wilma hit, the County’s non-profits to better prepareDisaster Assistance Project helps ‘For TheChildren’ stay afloat in a sea of red tapeOperating from the historic Osbourne bursement at 100% of over $14,000 forCommunity Center, For The Children pro- emergency measures, 75% of the approxi-vided homework assistance, after school mately $5,000 in expenses for debris removalcare, individual and group counseling, play- and $5,000 in relocation expenses. The reim-ground activities, tutorials in math and read- bursed expenditures were monies that theing, parents’ night out and many other agency was not even aware were available toimportant services. But all that stopped when them. Only after a thorough evaluation ofhurricane Wilma damaged their building so For The Children’s claims, research ofseverely it was condemned. Attempts by the FEMA regulation and negotiation with localagency’s staff to navigate through the Federal FEMA representatives by the project attor-Emergency Management Agency (FEMA) neys was the agency able to recover the criti-process and secure funding for building cal funding needed to serve the children.repairs were frustrating and unsuccessful. Now the Non-profit Disaster Assistance Project is working on permanent damageWith help from the Legal Aid Society’s Non- claims for For The Children so they can con-profit Disaster Assistance Project’s lawyers, tinue their work as an integral part of theFor The Children qualified to receive reim- community. www.legalaidpbc.com 3

Celebrating JusticeThe Community Legal Aid partnersBack to School Bash with 19 agencies to help school children. More than 8,000 deserving Palm Beach County disadvantaged chil- dren received free school supplies and backpacks at the August 2006 Community Back to School Bash, a collaboration that includes the Legal Aid Society and 19 other agencies. We wish to thank the indi- viduals, corporations and founda- tions who contributed to make this possible, including Children’s Services Council, Families First, The Knight Family Foundation, Commissioner Jeff Koons, Lost Tree Village Charitable Foundation, NCCI, Publix Foundation and United Way of Palm Beach County.Pictured (left to right): Steve Alman (Team Gordon & Doner), Adam Doner 6th Annual Cup of Justice Golf(Team Gordon & Doner), Jon Blunk (presenting sponsor, CityPlace Tower), Classic Presented by CityPlace TowerRuss Seger (Team Gordon & Doner), Rick Freedman (Team Gordon & Doner),and Bob Shalhoub, tournament chair Children’s Education Project benefits from generous support. Legal Aid’s annual golf classic held on Columbus Day at BallenIsles Country Club raised $35,000 for the Educational Advocacy Project. The Project works to ensure positive educational outcomes for disabled chil- dren in Palm Beach County schools. Congratulations to Gordon & Doner, PA, 2006 tournament champions! Special thanks to all our golfers and sponsors including CityPlace Tower -The Related Companies and Crocker Partners (Presenting Sponsors), Florida Crystals Corporation (Dinner Sponsor) and Searcy, Denney, Scarola, Barnhart & Shipley, P.A. (Luncheon Sponsor).4 www.legalaidpbc.com

A Toast to JusticePictured (L to R): Shelly Kerner, Robin Bresky, Bob Bertisch, Mindy Stein, Rebecca ZungThe 4th Annual Pictured (left to right): Rhoda Kleid, Jerry and Kathy KessChildren’s Book FestBoca & West Palm Beach events benefit Michelle Suskauer Friends gather forLegal Aid’s May 12th Silent Auction! Dick Kleid ‘Celebrity’ event onLegal Aid hosted two Bookfests Pictured (left to right): Lisa Small,at Barnes & Noble. The CityPlace Palm Beach.event on December 1 was spon- Adam Rabin, Meenu Sassersored by the Florida Association Legal Aid’s celebrity bartendingfor Women Lawyers Palm Beach the luncheon guests for our Pro event held at Amici inCounty Chapter and Richman Bono Evening silent auction. In November brought togetherGreer Weil Brumbaugh Mirabito addition, Barnes & Noble donat- dear friends and many new ones& Christensen, PA, and chaired ed 15% of the event sales to for a special toast to justice.by Michelle Suskauer. The Boca Legal Aid’s programs. Thank you ‘Celebrity Bartenders’ BobRaton event on December 8 was to everyone who participated in Bertisch, Mariano Garcia, Dicksponsored by the South County this year’s events! Kleid and Michelle SuskauerFlorida Association for Women were pleased to serve our livelyLawyers and the South County guests!. Thank you to everyoneBar Association, and co-chaired who attended and contributedby Robin Bresky, Denise Isaacs $1,000 to Legal Aid’s Children’sand Shelly Kerner. Together Emergency Fund.nearly 200 gifts were donated byKen and Mariano and O pen homes, open heartsRobin Bresky Shelley Garcia and plenty of fun! That sums up our 2006 pre-event par- Robin Rosenberg and ties generously hosted by Robin Michael McAuliffe and Kenneth Bresky in their Boca Raton home, Robin Rosenberg2006 Silent Auction Pre-Event and Michael McAuliffe in theirParties a Big Success West Palm Beach home, and Mariano and Shelley Garcia on the Mariner III yacht. Our hosts, their friends, families and guests contributed hundreds of gifts to the silent auction, which made the May Pro Bono Recognition Evening a huge success! Our thanks to everyone for your incredible support of Legal Aid. www.legalaidpbc.com 5

Former colleagues are leading Legal Aid Gives Southeasternagencies coast to coast Ohio a Valuable AssetOn Florida’s space coast and California’s winecountry, two attorneys whose leadership served And says farewell to Director of Litigation, Bill Fraserthe Legal Aid Society of Palm Beach County wellare now heading other agencies. A fter ten years as the Legal Aid Society of Palm Beach County’s Director of Litigation, Bill Fraser packed up his family – wife Mary Anne, dogs Cooper and Frankie and cats Scarfy and Marmalade – and headed back to Ohio where he now serves as Director of Litigation for Southeastern Ohio Legal Services (SEOLS). SEOLS serves 30 counties in to get health coverage barely in time to save the life of a client with Appalachian southeastern Ohio and advanced, untreated diabetes. The is part of the statewide Ohio State woman had sold her television to Legal Services buy insulin.” Association. Bill Bill is working hard to impact the lives commutes between of the folks in his new community his office in and he’s enjoying his home on the Columbus and eastern edge of Columbus where he nine other offices has a riding lawn- mower and is plant- ranging in size ing lilacs and hydrangea instead from two to five of orange trees and orchids. “I miss citrus, palms, guaran- attorneys (and a teed T shirt weather, the excitement of hurricane season, Spanish spoken distance of in the streets, diversity at work and in my neighborhood and all of my between 45 min- friends at Legal Aid,” he said. We miss Bill, too, and wish him every utes and 2 ? hours) success in this next phase of his legal career!Rob Johnson, director of Legal ing their agencies to new levels which help poorAid’s Pro Bono Project from of service and fundraising, and1994 to 2002, is now Brevard it’s exciting to watch them suc- rural and smallCounty Legal Aid’s executive ceed in serving their clients anddirector; and Ellen Goodstein, leading their staff ”, said Bob town residents. Billwho was with Legal Aid for 10 Bertisch, Legal Aid’s executiveyears and was responsible for director. “We are proud that the provides guidancestarting and supervising Legal experience Ellen and RobAid’s Project Permanent received here, along with their in making litigationPlacement, is now executive strong, shared commitment todirector of the Legal Aid justice for all, is making a mean- decisions, co-counsels on briefs andFoundation of Santa Barbara ingful difference in their com-County. “Rob and Ellen are tak- munities.” helps attorneys prepare for litigation. One particularly moving highlight in his decade-long career at Legal Aid was the case of Peters v. Health Care District of Palm Beach. Bill recalled how important the case was “not because of any litigated result—it set- tled quickly—but because I was ableLegal Aid’s Award WinningFoster Children’s ProjectReplicated in TampaBay Area Legal Services has created The project was recently recognized Thousands of Florida's children need loving foster parentsthe Tampa Children’s Law Center as one of the Top 50 Children’s Law and permanent adoptive homes.modeled after the Legal Aid Society Firms in the United States by theof Palm Beach County’s Foster National Association of CounselChildren’s Project (FCP). The for Children (Legal Aid’s JuvenileChildren’s Law Center, funded by Advocacy Project was awarded thethe Florida Bar Foundation and the same individual honor!), and alsoChildren’s Board of Hillsborough received the 2003 CongressionalCounty, represents foster children Angels in Adoption Award from thefrom birth to age five in need of Congressional Coalition onpermanent homes. John and Jim Adoption Institute. The FosterWalsh, supervising attorneys for the Children’s Project is funded by theFCP, worked closely with our col- Children’s Services Council.leagues in Tampa to implementtheir project, and they continue to For information about fosteringmentor the Center’s staff as prob- or adopting a child through thelems and case issues arise. The FCP Foster Children’s Project, pleasehas placed 746 Palm Beach County contact Linda Norris at 833-5787foster children age birth to 12 in ext. 3108.permanent homes since July 2001.6 www.legalaidpbc.com

Legal Aid and Vickers House partner to assist seniors in needElders on the Edge Palm Beach County’s seniors living on 60 and older, indigent or low income, and fixed incomes often find themselves in cri- without family support or financial sis and require outside financial assistance. resources beyond Social Security, SSI or In response to desperate, continual calls pension. The partnership is helping to for help, the Legal Aid Society’s Elder Law ensure that our seniors receive the best Project and Vickers House have designed possible care and compassion through the ‘Elders on the Edge’ program to give their crisis situations. the compassionate people in our commu- nity an opportunity to sponsor a senior in For more information about the pro- need. It may be to pay for a wheelchair gram, please call the Legal Aid ramp or homemaker assistance so elders Society at 655-8944 or Vickers House can continue to live independently in their at 804-4970. To contribute to the pro- homes, or to provide rent and utility assis- gram, please make checks payable to tance when unexpected medical and pre- Legal Aid Society/Elders on Edge scription bills cut into their household Program and mail to Legal Aid budgets. Whatever their need, program Society, 423 Fern Street, Suite 200 recipients are current or referred clients of West Palm Beach, FL 33401. Your tax Vickers House or Legal Aid who are deductible contribution is greatly screened to meet specific guidelines: age appreciated.Kudos go to... Welcome!Legal Aid Society John Foley, Esq. New Staff Membersof Palm Beach County Recipient of the 2006 Friend of Planned Gloria AcostaRecipient of the Florida Bar Foundation’s Steven Parenthood Award Greater Miami, Palm BeachM. Goldstein Award for Excellence for the and Treasure Coast. Paralegal, Immigration Advocacy ProjectPrescription Drug Access Project. The projectensures that low income Floridians who suffer Suzanne Foley, CFRE Abigail Beebefrom chronic and debilitating health conditionsreceive due process and medically necessary med- Certified as a fund raising executive by the Staff Attorney, Relative Care Giversications to which they are entitled under the law. Association of Fundraising Professionals.Congratulations to fellow 2006 recipients Florida Cynthia BlancoLegal Services; Legal Aid Service of Broward Tequisha MylesCounty; and the Legal Aid Society of the Orange Paralegal, Public Guardianship ProjectCounty Bar Association. 2006-2007 President-elect, F. Malcolm Cunningham, Sr. Bar Association. Angie BraffordThe Elder Law Project Kimberly Rommel-Enright, Esq. Paralegal, Relative Care Givers ProjectHonored with the 2006 Outstanding ServiceProvider Award from the Area Agency on Aging. 2006-07 Secretary, Florida Association of Alexis Edelstein Women Lawyers, Palm Beach County Chapter.The Foster Children’s Project Nurse/Public Guardianship Projectand Juvenile Advocacy Project Bonnie Silverstein John HaasRecognized individually as the National 2006-07 President-elect, Florida Pro BonoAssociation of Counsel for Children’s (NACC) Coordinators’ Association. Facilities Manager, Foster Children’s ProjectTop 50 Children’s Law Firms in the United States.NACC’s Children's Law Office Project CLOP is John Foley and Lillian Tamayo Jannette Hernandeza program of the National Association ofCounsel for Children designed to improve the Paralegal, Educational Advocacy Projectdelivery of legal services to abused and neglect-ed children through improved children's law Jill Mahleroffice operation. NCAA’s overall mission is toimprove the quality of legal services to children Staff Attorney, Educational Advocacy Projectand develop the practice of law for children as adistinct legal specialty. Mariela MartinezHarreen Bertisch Paralegal, Legal Assistance to Victims of Domestic ViolenceRecipient of the March of Dimes 2006 Woman ofDistinction Award. Tequisha Myles Supervising Attorney, Fair Housing Project Andrea Reid Staff Attorney, Family Law Project June Slote Social Worker, Public Guardianship Project Paula Waller Paralegal, Juvenile Advocacy Project www.legalaidpbc.com 7

423 Fern Street, Suite 200 Non-Profit Org.West Palm Beach, FL 33401 US Postage561.655.8944 PAID West Palm Bch, FL Permit No. 1445 Fighting For Fairness Promoting JusticeFeatured Funder A three-year $30,000 commitment from the Wachovia Foundation toCSC Gives Children A Voice Through Legal Aid Pictured: Elizabeth Arevalo and Bob Bertisch Legal Aid’s Educational Advocacy Project is helping ensure that disabled,The Children’s Services Council our children, those needing legal Wachovia Foundation indigent public school children receiveof Palm Beach County (CSC) representation, a voice that they Grant Supports the help they need to succeed inhas invested in primary preven- did not have before. Through Children’s Education school. Through community out-tion and early intervention for two programs–Legal Aid’s reach, education, and representationthe past 20 years. The goal is to Foster Children’s and Juvenile of individuals and groups, the projectensure that our county’s children Advocacy Projects–those chil- aims to secure significant advantagesare born healthy, achieve early dren have moved into the fore- for children with disabilities in lowschool success, and thrive in front. They now have someone income areas. “Wachovia’s mission isquality after school programs. who is working for the best to build strong and vibrant communi-CSC’s overarching objective is to interest of the child–in both the ties, improve the quality of life, andhelp children reach adulthood dependency and delinquency make a positive difference where wefree of abuse, neglect and/or systems. “These programs work work and live”, said Elizabeth Arevalo,delinquency. to give children the services to vice president, marketing and commu- which they have a right,” said nity affairs. “The Legal Aid Society is aFor the past 15 years, the Legal Tana Ebbole, CEO of the vital partner in accomplishing theseAid Society has partnered with Children's Services Council. goals and many others.”CSC to give the most invisible ofThe Legal Aid Society of Palm Beach County, Inc. is a private, non-profit 501(c)(3) corporation.