MIAMI – A Miami federal judge has held the Florida Department of Children and Families in contempt for breaching a gag order in the case of South Florida twins Victor and Nubia Barahona.
In a 25-page order issued Monday, U.S. District Judge Patricia Seitz ruled that the DCF revealed to state legislative staffers a guardian ad litem report with details of a $5 million state settlement for Victor and the estate of his murdered sister Nubia, in violation of a court order that sealed the settlement terms.
Recommended Videos
"DCF's violation is a bell that cannot be unrung," Seitz wrote in the order. "It is also yet another systemic failure by DCF at (a) survivor's expense."
The ruling came as Florida lawmakers bring the 2016 session to a close without approving the payout for the bulk of the settlement. The Barahona claim bill and others were held up in the statehouse as lawmakers questioned the percentage allocated to lawyer's fees.
Victor and Nubia Barahona were 10 years old in February 2011 when they were discovered awash in chemicals in their adoptive father's truck on the side of Interstate 95 in West Palm Beach. Nubia was dead, her body wrapped in plastic in the bed of the truck. Victor was barely conscious and convulsing in the front passenger seat.
The discovery led investigators to a horrifying account of the abuse and torture that the children endured during the six years they were fostered and then adopted by Carmen and Jorge Barahona. As part of the 2013 settlement, former DCF Secretary David Wilkins admitted the department's systemic failures and inaction, despite numerous warnings and red flags raised by the twins' teachers, counselors and advocates.
The contempt order gives DCF 60 days to retrieve copies of the sealed guardian ad litem's report that were released to unauthorized state staffers working on the Barahonas' claim bill. It indicates that the state may be assessed future penalties and financial liability, leaving open the amount to be determined.